Opinion · Supreme Court of South Carolina
Moyd v. Johnson
289 S.C. 482
- Type
- Opinion
- Court
- Supreme Court of South Carolina
- Jurisdiction
- South Carolina
- Date
- 1986-06-06
- Topic
- general
How later courts describe this case
- holding that the denial of a Rule 12(b)(6) motion to dismiss is an interlocutory order which, ordinarily, is not immediately appealable
- ruling the denial of a Rule 12(b)(6), SCRCP motion was not immediately appealable
- overruling the appealability of a denial from a motion to dismiss under Rule 12(b)(6), SCRCP
Citator
UpLaw has not yet analyzed Moyd v. Johnson. The absence of a flag is not a finding that it is good law.
- Cited by
- 11 opinions
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.