Logourl black
From our private database of 13,800+ case briefs...

Colleton Preparatory Academy, Inc. v. Hoover Universal, Inc.

United States Court of Appeals for the Fourth Circuit
616 F.3d 413 (4th Cir. 2010)


Facts

Colleton Preparatory Academy, Inc. (Colleton) (plaintiff) sued Beazer East, Inc. (Beazer) (defendant) in the United States District Court for the District of South Carolina on March 24, 2003. Colleton also mistakenly sued Hoover Treated Wood Products, Inc. (Hoover Wood), when Hoover Universal, Inc. (Hoover Universal) (defendant) was the correct party. Colleton filed an amended complaint naming Hoover Universal on June 6, 2003. Colleton served the amended complaint on Hoover Universal’s registered agent, The Corporation Company (TCC), on June 23, 2003. TCC was also Beazer’s registered agent, and TCC negligently forwarded the summons to Beazer. Hoover Universal, unaware of the lawsuit, failed to answer, and an entry of default was entered on August 5, 2003. Hoover Universal learned of the error and filed a motion to quash service and set aside the default. Both motions were denied. Colleton was awarded over $1.1 million in damages and fees. Hoover Universal appealed the district court’s refusal to set aside the entry of default.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, start your 7-day free trial of Quimbee for Law Students.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, start your 7-day free trial of Quimbee for Law Students.

Holding and Reasoning (Davis, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, start your 7-day free trial of Quimbee for Law Students.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 171,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.