Moyd v. Johnson
| Decision Date | 06 June 1986 |
| Citation | 347 S.E.2d 97,289 S.C. 482 |
| Court | South Carolina Supreme Court |
| Parties | Pickens K. MOYD, M.D., Respondent, v. Mordecai C. JOHNSON and Frank E. Cain, Jr., Appellants. |
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.
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8 cases
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Glaze v. Grooms
...deprive the circuit court of subject matter jurisdiction. See Dove v. Gold Kist, 314 S.C. 235, 442 S.E.2d 598 (1994); Moyd v. Johnson, 289 S.C. 482, 347 S.E.2d 97 (1986).8 Moreover, it is quite evident from the record that Town attempted, from the outset, to establish itself as a de facto c......
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Mid-State Distributors, Inc. v. Century Importers, Inc., MID-STATE
...time frame, the demurrer was also directly appealable; however, this practice ended with the decision announced in Moyd v. Johnson, 289 S.C. 482, 347 S.E.2d 97 (1986) (overruling the appealability of a denial from a motion to dismiss under Rule 12(b)(6), At its inception in 1870, the predec......
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Hite v. Thomas & Howard Co. of Florence, Inc., 23458
...will consider this interlocutory appeal. Ordinarily, denial of a Rule 12(b)(6) motion is not directly appealable. Moyd v. Johnson, 289 S.C. 482, 347 S.E.2d 97 (1986). In this case, appellants challenge the refusal to dismiss respondent's causes of action for breach of fiduciary duty and neg......
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Breland v. Love Chevrolet Olds, Inc.
...S.C. 330, 426 S.E.2d 777 (1993) (ruling the denial of a Rule 12(b)(2), SCRCP motion was not immediately appealable); Moyd v. Johnson, 289 S.C. 482, 347 S.E.2d 97 (1986) (ruling the denial of a Rule 12(b)(6), SCRCP motion was not immediately appealable). Also, the denial of a Rule 12(c) moti......
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