Montjoy v. Asten-Hill Dryer Fabrics
| Decision Date | 03 February 1994 |
| Docket Number | ASTEN-HILL |
| Citation | 316 S.C. 52,446 S.E.2d 618 |
| Court | South Carolina Supreme Court |
| Parties | Lawrence MONTJOY, deceased employee and Margaret Montjoy, widow, Respondent, v.DRYER FABRICS, Employer, Commerce & Industry Insurance Company, Argonaut Insurance Company, Fidelity & Casualty Co. of New York; and the Insurance Company of North America, Defendants, of whom Asten-Hill Dryer Fabrics and Argonaut Insurance Company are Appellants, and Commerce & Industry Insurance Company is, Respondent. |
This appeal is from an order of the circuit court remanding this case to the Workers' Compensation Commission. Respondent moves to dismiss the appeal on the ground the order is interlocutory and not directly appealable. We agree and dismiss the appeal.
S.C.Code Ann. § 1-23-390 (1986) provides:
An aggrieved party may obtain a review of any final judgment of the circuit court under this article by appeal to the Supreme Court. The appeal shall be taken as in other civil cases.
Accordingly, we have consistently held that an order of the circuit court remanding a case for additional proceedings before an administrative agency is not directly appealable. Owens v. Canal Wood Corp., 281 S.C. 491, 316 S.E.2d 385 (1984); Hunt v. Whitt, 279 S.C. 343, 306 S.E.2d 621 (1983). To the extent our recent decision in Blakely v. State Board of Medical Examiners, --- S.C. ----, 425 S.E.2d 37 (1993), may be read to allow such an appeal, it is hereby overruled.
/s/ A. Lee Chander, A.C.J.
/s/ Ernest A. Finney, Jr., A.J.
/s/ Jean H. Toal, A.J.
/s/ James E. Moore, A.J.
HARWELL, C.J., not participating.
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Bone v. U.S. Food Serv.
...did not constitute a “final judgment” and thus was not immediately appealable, citing, inter alia, Montjoy v. Asten–Hill Dryer Fabrics, 316 S.C. 52, 52, 446 S.E.2d 618, 618 (1994) (stating our courts “have consistently held that an order of the circuit court remanding a case for additional ......
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Brown v. Greenwood Mills, Inc.
...rule governing the appealability of a circuit court order remanding a case to the commission is set forth in Montjoy v. Asten-Hill Dryer Fabrics, 316 S.C. 52, 446 S.E.2d 618 (1994): S.C.Code Ann. § 1-23-390 (1986) provides: An aggrieved party may obtain a review of any final judgment of the......
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Bone v. U.S. Food Serv.
...matters and S.C.Code Ann. § 14–3–330, a general appealability statute, is not applicable to agency appeals); Montjoy v. Asten–Hill Dryer Fabrics, 316 S.C. 52, 446 S.E.2d 618 (1994) (stating a circuit court order remanding a case for additional proceedings before an administrative agency is ......
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Long v. Sealed Air Corp..
...court's order. We dismiss the appeal because the circuit court's order is not immediately appealable. In Montjoy v. Asten–Hill Dryer Fabrics, 316 S.C. 52, 446 S.E.2d 618 (1994), our supreme court dismissed an appeal from a circuit court order remanding to the Workers' Compensation Commissio......