Johnson v. Paraplane Corp., 24382

Decision Date18 April 1996
Docket NumberNo. 24382,24382
CourtSouth Carolina Supreme Court
PartiesCharles L. JOHNSON, Petitioner, v. PARAPLANE CORPORATION, Carolina Para-Flight, Inc., Stephen L. Snyder, Rick Rogers, and Mike Westdyke, Defendants, of whom Paraplane Corporation and Stephen L. Snyder are Respondents.

Jack M. Scoville, Jr.; William Stuart Duncan, and Michael K. Kendree, Georgetown, for petitioner.

John C. Thompson, of The Thompson Law Firm, P.A., Conway, for respondents.

ON WRIT OF CERTIORARI TO THE COURT OF APPEALS

PER CURIAM:

Petitioner seeks a writ of certiorari to review the decision of the Court of Appeals in Johnson v. Paraplane Corporation, --- S.C. ----, 460 S.E.2d 398 (Ct.App.1995). We grant the petition for a writ of certiorari, vacate the opinion of the Court of Appeals, and dismiss both parties' appeals.

Petitioner and respondents appealed from the order of the circuit court denying respondents' motion for summary judgment, finding that the circuit court had subject matter jurisdiction, and compelling arbitration. Since this order is not directly appealable, 1 we hereby vacate the opinion of the Court of Appeals in Johnson v. Paraplane Corporation, supra, and dismiss both parties' appeals. No costs or attorneys' fees pursuant to Rule 222, SCACR, shall be assessed.

VACATED.

TOAL, A.J., not participating

1 Woodard v. Westvaco Corporation, --- S.C. ----, 460 S.E.2d 392 (1995) (an order which determines a question of subject matter jurisdiction is not immediately appealable); Heffner v. Destiny, S.C.Sup.Ct.Order dated June 28, 1995 (Davis Adv.Sh. No. 19) (an order compelling arbitration is not immediately appealable); Ballenger v. Bowen, 313 S.C. 476, 443 S.E.2d 379 (1994) (an order denying a motion for summary judgment is not immediately appealable).

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5 cases
  • Insurance Products Marketing v. Indianapolis Life
    • United States
    • U.S. District Court — District of South Carolina
    • December 17, 2001
    ...was given the statute in Johnson v. Paraplane Corporation, 319 S.C. 247, 460 S.E.2d 398 (1995), vacated on other grounds, 321 S.C. 316, 468 S.E.2d 620 (1996). Therefore, this court concludes that the statute represents the strong public policy of South Therefore, under the principles presen......
  • Consolidated Insured Benefits v. Conseco Medical
    • United States
    • U.S. District Court — District of South Carolina
    • December 21, 2004
    ...the statute. See Johnson v. Paraplane Corp., 319 S.C. 247, 460 S.E.2d 398, 399-400 (1995), vacated on other grounds, 321 S.C. 316, 468 S.E.2d 620 (1996). After analyzing the statute, Insurance Products, and Johnson v. Paraplane, the court reaffirms its conclusion that South Carolina has a s......
  • T.R. Helicopters LLC v. Bell Helicopter Textron Inc
    • United States
    • U.S. District Court — District of South Carolina
    • November 17, 2010
    ...that the circuit court's order was not directly appealable, precluding jurisdiction in the appellate court. Johnson v. Paraplane, Corp., 321 S.C. 316, 468 S.E.2d 620 (1996). Therefore, while Johnson may provide some insight into the court of appeals' view of section 15-7-120, it no longer i......
  • T.R. Helicopters LLC v. Bell Helicopter Textron Inc
    • United States
    • U.S. District Court — Northern District of Texas
    • November 17, 2010
    ...that the circuit court's order was not directly appealable, precluding jurisdiction in the appellate court. Johnson v. Paraplane, Corp., 321 S.C. 316, 468 S.E.2d 620 (1996). Therefore, while Johnson may provide some insight into the court of appeals' view of section 15-7-120, it no longer i......
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