Greenville County Circuit Court Judge Jane H. Merrill entered a default judgment against State Senator Josh Kimbrell and his wife, Liliya Kimbrell, after the couple repeatedly ignored court‑ordered discovery in a civil fraud lawsuit filed by former business partner Frank George Rogers.
Discovery deadline missed, defenses struck
On May 5, 2026, Judge Merrill ordered the Kimbrells to fully respond to outstanding discovery requests by noon on May 18. The judge warned that failure to comply would result in the striking of their answers, affirmative defenses, and counterclaims. The Kimbrells missed the deadline, and a subsequent request for an extension was deemed untimely and moot.
On September 28, 2026, Judge Merrill granted Rogers’ motion for entry of default, dismissed the Kimbrells’ attempt to reconsider earlier sanctions, and rejected a belated request for additional time to comply. In her order, Merrill wrote, “Thus, as a matter of law, the Defendants’ answer, defenses, and counterclaims were struck.”
Legislative immunity argument rejected
The Kimbrells argued that Article III, Section 14 of the South Carolina Constitution provided them immunity because the discovery requests were issued during a legislative session. Judge Merrill rejected that claim, noting that legislative immunity protects conduct performed in the official duties of a lawmaker, not private business activities. She emphasized that the original discovery requests were served in October 2025, outside the regular session, and that the May 18 deadline fell after the session had ended.
Judge Merrill also found the sanctions appropriate, stating that the defendants “understood their obligations but repeatedly failed to meet them,” and that the striking of pleadings was not excessive given the willful non‑compliance.
Potential default judgment pending
While a default has been entered, a final judgment awarding damages has not yet been issued. Rogers’ legal team plans to seek a damages hearing early next year. The Kimbrells’ attorneys have filed two new motions seeking to reverse the default, arguing that the sanction deprives them of a fair opportunity to contest the allegations.
The underlying lawsuit, filed in July 2025, accuses the Kimbrells of diverting more than $2 million from Exodus Aircraft LLC, a charter aviation company the couple co‑owned with Rogers. The complaint also alleges that the Kimbrells created a similarly named entity, Exodus Airways LLC, to funnel company funds for personal and political expenses.
Background of the dispute
Earlier court orders, including a temporary restraining order in July 2025 and a consent preliminary injunction, removed the Kimbrells from control of Exodus Aircraft and restricted their access to corporate assets. In March 2026, Circuit Court Judge Vernon Dunbar held the couple in contempt for violating those orders, imposing monetary sanctions and additional compliance requirements.
The litigation has continued to evolve, with Rogers seeking default judgment based on the Kimbrells’ failure to satisfy the May discovery deadline. The recent default entry marks a significant escalation in a case that has dogged the Spartanburg County Republican since July 2025.
Next steps
The court is expected to schedule a damages hearing in early 2027. The Kimbrells’ motions to overturn the default will be considered before that hearing. The outcome will determine whether the couple can present a defense on the merits of the fraud allegations or face a potentially costly judgment.
Original reporting: FITSNews — read the source article.
