Supreme Court of South Carolina, 1986

Moyd v. Johnson

Moyd v. Johnson
Supreme Court of South Carolina · Decided June 6, 1986
347 S.E.2d 97; 289 S.C. 482; 1986 S.C. LEXIS 442 (South Eastern Reporter, Second Series)

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.

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