Supreme Court of South Carolina, 1994

Montjoy v. Asten-Hill Dryer Fabrics

Supreme Court of South Carolina · Decided February 3, 1994 · Chander, Finney, Harwell, Moore, Toal

316 S.C. 52; 446 S.E.2d 618; 1994 S.C. LEXIS 37

Cases that cite this one

16 later published cases cite this decision.

Long v. Sealed Air Corp. (S.C. Ct. App. 2011)
Bone v. U.S. Food Service (S.C. 2013)
Bone v. U.S. Food Service (S.C. 2012)
Foggie v. General Electric Co. (S.C. Ct. App. 2008)
Oakwood Landfill, Inc. v. South Carolina Department of Health and Environmental Control (S.C. Ct. App. 2009)
Brown v. Greenwood Mills, Inc. (S.C. Ct. App. 2005)
Magaha v. Greenwood Mills, Inc. (S.C. Ct. App. 2008)
Hicks v. Piedmont Cold Storage, Inc. (S.C. Ct. App. 1996)
Puniyani v. Avni Grocers (S.C. Ct. App. 2010)
Chaudari v. Avni Grocers (S.C. Ct. App. 2010)
Watts v. C.M. Tucker Lumber Co. (S.C. Ct. App. 2011)
Bell v. South Carolina Department of Corrections (S.C. Ct. App. 2008)
Dodd v. Exide Battery Corporation (S.C. 2007)
Gray v. Georgetown Steel Corporation (S.C. Ct. App. 2007)
Sellars v. C. D. Walters Construction (S.C. Ct. App. 2003)
Leviner v. Sonoco Products Co. (S.C. 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.