Lebovitz v. Mudd
| Decision Date | 09 April 1986 |
| Citation | 347 S.E.2d 94,289 S.C. 476 |
| Court | South Carolina Supreme Court |
| Parties | Robert LEBOVITZ and Richard Ender, Appellants, v. Donald E. MUDD, Sr., Donald E. Mudd, Jr., Arnold H. Heltzer, J. Ray Westmoreland, John Gettys Smith, John Gettys Smith Associates, Allen L. Richardson, Diane Taylor Hickey, a/k/a Diane Taylor, L.U.C.A.B. Partnership, Michael D. Stronberg, H.B. Land Partnership, Cooper Land Holding Partnership, Jamie G. Reynolds, Dasoca Properties, and First Illinois Bank of Evanston, N.A., Defendants, Of Whom Donald E. Mudd, Sr., Donald E. Mudd, Jr., Arnold H. Heltzer, L.U.C.A.B. Partnership, Dasoca Properties and First Illinois Bank of Evanston, N.A., are Respondents. Richard ENDER, Charles R. Rose and Bruce Munies, Appellants, v. Donald E. MUDD, Sr., Donald E. Mudd, Jr., Arnold H. Heltzer, L.U.C.A.B. Partnership, New River Partnership, Osprey Partnership, John Gettys Smith, John Gettys Smith Associates, Allen L. Richardson, Melissa R. Paine, J. Ray Westmoreland, A.R. Grant Morehouse, Dasoca Properties and First Illinois Bank of Evanston, N.A., Defendants, Of whom Donald E. Mudd, Sr., Donald E. Mudd, Jr., Arnold H. Heltzer, L.U.C.A.B. Partnership, Dasoca Properties and First Illinois Bank of Evanston, N.A., are Respondents. |
Appellants brought these actions against respondents and the other defendants for fraud and unfair trade practices arising out of sales of property on Daufuskie Island. Appellants' complaints also contained causes of action alleging respondents had made fraudulent conveyances proscribed by S.C.Code Ann. § 27-23-10 (1976). To give notice of their claims to set aside the fraudulent conveyances, appellants filed and served notices of lis pendens covering ten parcels of property, only one of which was involved in the fraud and unfair trade practice claims.
Respondents moved under Rule 12(b)(6), SCRCP, to dismiss the fraudulent conveyance cause of action in each complaint for failure to state a claim. After a hearing, the circuit judge issued an order granting the motion to dismiss the fraudulent conveyance claims and cancelling the lis pendens notices. The clerk of the lower court immediately cancelled the notices.
Appellants filed motions with the circuit court, including one for certification pursuant to Rule 54(b), SCRCP. The circuit court denied all motions and appellants appealed.
Appellants move this Court to issue a writ of supersedeas in the event the cancellation of lis pendens is not automatically stayed. Respondents move to dismiss the appeal on the ground that the order dismissing only the fraudulent conveyance claims is not appealable because of the circuit court's refusal to certify the judgment under Rule 54(b).
Rule 54(b) provides that when multiple claims or multiple parties are involved, the court may direct the entry of a final judgment as to less than all the claims or parties "only upon an express determination that there is no just reason for delay and upon an express direction for entry of judgment." Upon the circuit court's certification, this provision purports to render a partial judgment appealable as a final judgment. Lack of Rule 54(b) certification, however, does not preclude...
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Murphy v. Owens-Corning Fiberglas Corp.
...Pickens County, 302 S.C. 1, 393 S.E.2d 176, nt. 2 (1990). In Link, the supreme court noted it had previously held in Lebovitz v. Mudd, 289 S.C. 476, 347 S.E.2d 94 (1986) that an order granting a Rule 12(b)(6) motion as to one of multiple claims is directly appealable under S.C.Code Ann. Sec......
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Tillman v. Tillman
...section to find the granting of a motion to dismiss may be immediately appealed because it "strikes" a pleading. Lebovitz v. Mudd , 289 S.C. 476, 479, 347 S.E.2d 94, 96 (1986). We are presented with a hybrid: an order that "strikes" a counterclaim, but welcomes a formal motion to amend.Cure......
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Murphy v. Murphy
...of Pickens County, 302 S.C. 1, 393 S.E.2d 176,nt.2 (1990). In Link, the supreme court noted it had previously held in Lebovitz v. Mudd, 289 S.C. 476, 347 S.E.2d 94 (1986) that an order granting a Rule 12(b)(6) motion as to one of multiple claims is directly appealable under S.C. Code Ann. S......
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Link v. School Dist. of Pickens County
...entry of judgment on one or more but less than all claims under Rule 54(b) will be referred to as certification. In Lebovitz v. Mudd, 289 S.C. 476, 347 S.E.2d 94 (1986), this Court held that an order which is immediately appealable by statute is not rendered unappealable because it has not ......