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Moyd v. Johnson

Supreme Court of South Carolina
Jun 6, 1986
347 S.E.2d 97 (S.C. 1986)
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Summary

ruling the denial of a Rule 12(b), SCRCP motion was not immediately appealable

Summary of this case from Breland v. Love Chevrolet Olds, Inc.
See 3 Summaries

Opinion

June 6, 1986.

June 6, 1986.

ORDER

This is an appeal of a circuit court order which overruled a motion to dismiss the complaint under Rule 12(b)(6), SCRCP, for failure to state a cause of action. Respondent moves to dismiss the appeal.

We hold that the denial of a Rule 12(b)(6) motion is not directly appealable under S.C. Code Ann. § 14-3-330 (1976). Therefore, the appeal is dismissed without prejudice.

It is so ordered.

Summaries of

Moyd v. Johnson

Supreme Court of South Carolina
Jun 6, 1986
347 S.E.2d 97 (S.C. 1986)

ruling the denial of a Rule 12(b), SCRCP motion was not immediately appealable

Summary of this case from Breland v. Love Chevrolet Olds, Inc.

overruling the appealability of a denial from a motion to dismiss under Rule 12(b), SCRCP

Summary of this case from Mid-State Distributors v. Century Importers

In Moyd v. Johnson, 289 S.C. 482, 347 S.E.2d 97 (1986), we held that the denial of a motion to dismiss for failure to state a cause of action under Rule 12(b)(6), SCRCP, is not directly appealable.

Summary of this case from Rose v. Thrash
Case details for

Moyd v. Johnson

Case Details

Full title:Pickens K. MOYD, M.D., Respondent v. Mordecai C. JOHNSON and Frank E…

Court:Supreme Court of South Carolina

Date published: Jun 6, 1986

Citations

347 S.E.2d 97 (S.C. 1986)
289 S.C. 482

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Williams v. Northwestern Sec. Life Ins. Co.

In particular, this Court has held that the denial of a motion to dismiss under Rule 12(b)(6) is not directly…

Rose v. Thrash

See also Page v. North Carolina Mutual Life Ins.Co., 207 S.C. 277, 35 S.E.2d 716 (1945). In Moyd v. Johnson,…

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