S.C. Senator Josh Kimbrell Faces Default Judgment

by JENN WOOD

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South Carolina state senator Josh Kimbrell and his wife, Liliya Kimbrell, have suffered another significant setback in the civil fraud lawsuit brought by the senator’s former business partner — this time losing their defenses and counterclaims after a Greenville County judge found they repeatedly failed to comply with court-ordered discovery.

In a series of orders entered on September 28, 2026, S.C. circuit court judge Jane H. Merrill granted plaintiff Frank George Rogers’ motion for entry of default (.pdf), rejected the Kimbrells’ attempt to reconsider earlier discovery sanctions (.pdf) and dismissed their belated request for additional time to comply (.pdf).

The rulings represent a significant escalation in litigation that has dogged the Spartanburg County Republican since July 2025, when Rogers accused Kimbrell of diverting more than $2 million from Exodus Aircraft LLC — the charter aviation company the two men previously owned together.

Now, with their answers, affirmative defenses and counterclaims struck, the Kimbrells face the prospect of a default judgment that could leave them responsible for substantial financial damages.

Their attorneys are fighting to prevent that outcome, filing two new motions (.pdf) seeking to reverse the default. Meanwhile, Rogers’ legal team is moving forward with a request for a damages hearing early next year. That hearing could determine whether the Kimbrells regain an opportunity to defend against the allegations or whether the lawsuit moves toward a potentially costly judgment.

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DISCOVERY DISPUTE ENDS IN DEFAULT

At the center of the latest developments is a May 5, 2026 order (.pdf) in which Merrill directed the Kimbrells to fully respond to outstanding discovery requests by noon on May 18.

The judge had warned that failure to comply would result in their answers, defenses and counterclaims being struck without further court action.

According to Merrill’s September 28 order, the defendants failed to meet that deadline.

Four days later, on May 22, their attorneys filed a motion seeking an extension through May 28 — a request Merrill determined was both untimely and ultimately moot.

The judge concluded that the Kimbrells’ failure to comply triggered the sanctions outlined in her earlier order, effectively eliminating their ability to defend against Rogers’ claims through their existing pleadings.

“Thus, as a matter of law, the Defendants’ answer, defenses, and counterclaims were struck,” Merrill wrote.

She subsequently granted Rogers’ motion for entry of default.

While default has now been entered, a final default judgment awarding damages has not yet been issued. That determination remains before the court, along with the Kimbrells’ latest attempts to reverse the ruling.

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LEGISLATIVE IMMUNITY ARGUMENT REJECTED

In a separate six-page order, Merrill addressed several arguments raised by the Kimbrells in their effort to overturn the underlying discovery sanctions — including the senator’s contention that his legislative responsibilities protected him from complying with the court’s deadline.

Kimbrell’s attorneys argued that Article III, Section 14 of the South Carolina Constitution afforded him immunity during the legislative session and surrounding protected periods.

Merrill disagreed.

The judge noted that legislative immunity protects conduct undertaken in the performance of legislative duties, not private business activities unrelated to a lawmaker’s official responsibilities.

She further emphasized that the original discovery requests were served in October 2025, outside the legislative session, and that the May 18 deadline fell after the regular session had ended.

The calling of a special legislative session, Merrill determined, did not change that analysis.

More significantly, the judge rejected the Kimbrells’ contention that striking their pleadings was an excessive punishment for what they characterized as discovery difficulties.

Merrill found that the defendants understood their obligations but repeatedly failed to meet them, including requirements imposed through earlier consent orders.

“The repetitive willful non-compliance justifies the Court’s decision to strike the Defendants’ answer, defenses, and counterclaims,” Merrill wrote.

The judge also rejected their argument that the discovery sanctions were improperly influenced by an earlier contempt order issued by circuit court judge Vernon Dunbar, which remains the subject of a pending appeal.

Merrill concluded that her May 5 ruling rested on the evidence presented in the discovery proceedings, rather than Dunbar’s contempt findings.

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RELATED | Josh Kimbrell’s Legal Troubles

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A YEAR OF ESCALATING LEGAL TROUBLES

The latest rulings follow more than a year of increasingly contentious litigation over the operation and finances of Exodus Aircraft.

As FITSNews previously reported, Rogers accused Kimbrell, his wife and others of participating in a scheme to divert millions from the charter aviation company.

The original complaint alleged Kimbrell created a similarly named business, Exodus Airways LLC, through which company funds were improperly redirected. Plaintiffs further alleged that Exodus Aircraft resources were used for unauthorized personal expenses, political activities and other expenditures.

Kimbrell has consistently denied wrongdoing, characterizing the lawsuit as politically motivated “lawfare” and describing the loss of his position at Exodus Aircraft as a hostile takeover.

A temporary restraining order (.pdf) entered on July 11, 2025, was followed by a consent preliminary injunction that removed the Kimbrells from control of the company’s operations and restricted their access to corporate assets and records.

Those orders became the subject of additional litigation after Rogers’ attorneys accused the couple of continuing to interfere with company operations, contacting investors and customers, and deleting or withholding electronic records.

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In October 2025, FITSNews detailed additional allegations that the Kimbrells had violated those restrictions despite evidence indicating they were aware of the court’s orders.

The dispute culminated in a December contempt hearing that neither Josh nor Liliya Kimbrell attended.

During that proceeding, Rogers’ attorney, Walt Wilkins, told the court he had intended to call both defendants as material witnesses and asked the judge to draw a negative inference from their absence.

In March 2026, Dunbar formally held the couple in contempt, finding violations of court orders involving evidence preservation and company records. The judge imposed monetary sanctions and additional compliance requirements.

The Kimbrells appealed that ruling.

As FITSNews reported in July, the litigation took another consequential turn when Rogers sought default judgment based on the couple’s failure to satisfy Merrill’s May discovery deadline.

That request has now resulted in the entry of default.

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RELATED | Sources: Kimbrell Focus of Federal Inquiry

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DEFAULT JUDGMENT BATTLE HEADS TO JANUARY HEARING

Despite the adverse rulings, the Kimbrells are making another attempt to preserve their ability to defend against Rogers’ allegations.

On October 13, their attorneys filed two motions seeking to overturn the September 28 default order, arguing that striking their pleadings was an excessive sanction that deprived them of the opportunity to contest the lawsuit on its merits.

The defense maintains that the couple substantially complied with discovery obligations despite losing access to corporate accounts and records following the court’s injunction. Their attorneys also allege Rogers already possessed some of the documents at issue, pointing to materials filed in a separate Spartanburg County lawsuit.

The filings further renew Kimbrell’s legislative immunity argument — a position Merrill expressly rejected in her September ruling — and contend the court failed to adequately consider less severe sanctions.

Rogers’ attorneys, meanwhile, are pressing ahead. On October 20, they filed a motion (.pdf) seeking a damages hearing and final default judgment against the Kimbrells on claims including breach of fiduciary duty, conversion, breach of contract, civil conspiracy and unjust enrichment.

The underlying lawsuit alleges more than $2 million was diverted from Exodus Aircraft, although the latest motion does not specify the amount Rogers ultimately seeks in damages.

Both sides are scheduled to appear before circuit court judge Perry H. Gravely on Monday, January 25, 2027, at 9:30 a.m. EST, according to the Greenville County. The Kimbrells’ motion to set aside default is allotted 15 minutes, while Rogers’ motion for default judgment and damages is scheduled for one hour.

The civil litigation is not the only scrutiny surrounding the second-term Republican senator.

In May, FITSNews investigative journalist Andrew Fancher reported that Kimbrell was the focus of a federal inquiry related to his tenure at Exodus Aircraft. Multiple sources described the inquiry to FITSNews, including an FBI interview with an individual connected to the civil litigation. The FBI declined to confirm the existence of an investigation, and the reporting did not establish that criminal charges had been filed.

Kimbrell has consistently denied wrongdoing and characterized the civil lawsuit as politically motivated “lawfare.”

For now, the immediate question is whether the Kimbrells can persuade the court to restore their defenses and counterclaims or whether Rogers will be permitted to proceed toward a potentially substantial financial judgment.

FITSNews will continue monitoring the case ahead of the January 25 hearing.

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THE DEFAULT JUDGEMENT…

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ABOUT THE AUTHOR …

As a private investigator turned journalist, Jenn Wood brings a unique skill set to FITSNews as its research director. Known for her meticulous sourcing and victim-centered approach, she helps shape the newsroom’s most complex investigative stories while producing the FITSFiles and Cheer Incorporated podcasts. Jenn lives in South Carolina with her family, where her work continues to spotlight truth, accountability, and justice.

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SOUND OFF…

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