Moyd v. Johnson
Supreme Court of South Carolina
Moyd v. Johnson, 347 S.E.2d 97 (S.C. 1986)
289 S.C. 482; 1986 S.C. LEXIS 442
Moyd v. Johnson
Opinion
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.
Reference
- Full Case Name
- Pickens K. MOYD, M.D., Respondent v. Mordecai C. JOHNSON and Frank E. Cain, Jr., Appellants
- Cited By
- 11 cases
- Status
- Published