Montjoy v. Asten-Hill Dryer Fabrics

Supreme Court of South Carolina February 3, 1994

Montjoy v. Asten-Hill Dryer Fabrics, 316 S.C. 52 (S.C. 1994)

446 S.E.2d 618; 1994 S.C. LEXIS 37

Chander, Finney, Harwell, Moore, Toal

Opinion of the Court

ORDER

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 *53be read to allow such an appeal, it is hereby overruled.

Accordingly, the motion to dismiss is

Granted.

Is/ A. Lee Chander. A.C.J. /s/ Ernest A. Finney. Jr.. A.J. /s/ Jean H. Toal. A.J. Is/ James E. Moore. A.J. Harwell, C.J., not participating.

Reference

Full Case Name: Lawrence MONTJOY, employee and Margaret Montjoy, widow v. ASTEN-HILL DRYER FABRICS, Employer, Commerce & Industry Insurance Company, Argonaut Insurance Company, Fidelity & Casualty Co. of New York and the Insurance Company of North America, of whom Asten-Hill Dryer Fabrics and Argonaut Insurance Company are and Commerce & Industry Insurance Company is
Cited By: 23 cases
Status: Published