Main Corp. v. Black
Main Corp. v. Black
Opinion of the Court
We granted certiorari to determine whether the Court of Appeals properly dismissed an appeal from a binding arbitration order. We affirm as modified.
FACTS
Petitioners brought suit against respondents to determine title to a strip of land located behind petitioners’ property. The parties consented to an order issued'by the trial judge referring the case to binding arbitration. In the order, the trial judge stated, among other things, that the parties consented to “any appeal of the arbitrator’s finding to be directed to the South Carolina Court of Appeals, pursuant to the South Carolina Appellate Court Rules.”
Petitioners filed a notice of appeal of the arbitrator’s ruling with the Court of Appeals. The Court of Appeals issued an order dismissing the appeal ex mero motu stating that “S.C.Code Ann. § 15-48-200 (Supp. 2001) governs the appeala-
ISSUE
Did the Court of Appeals err in dismissing an appeal of an arbitrator’s order on the grounds that it lacked jurisdiction?
ANALYSIS
The Court of Appeals did not err in dismissing the appeal of the arbitrator’s order, as there was no court order that can be the subject of an appeal. In the case at hand, the parties consented to arbitration, and the trial judge ordered the case to be sent to an arbitrator. At that point, the circuit court was divested of jurisdiction over the case. See Mills v. William Clarke Jeep Eagle, Inc., 821 S.C. 150, 152, 467 S.E.2d 268, 269 (Ct.App. 1996)(Once a party files a motion to confirm an arbitration award with the circuit court, the circuit court resumes jurisdiction of the case)(emphasis supplied).
Under the Uniform Arbitration Act, a party may move the circuit court to confirm an award,
South Carolina Code Ann. § 15-48-180 (Supp. 2002) states that making an agreement providing for arbitration in South Carolina confers jurisdiction on the court to “enforce the agreement under this chapter and to enter judgment on an award thereunder.” The only appeals that may be taken
CONCLUSION
The trial judge stated in his Consent Order to Arbitrate that any appeal of the arbitrator’s findings be directed to the South Carolina Court of Appeals. Petitioners followed these directions, and filed the appeal with the South Carolina Court of Appeals, even though jurisdiction was not resumed by the circuit court. We affirm the dismissal of the appeal by the Court of Appeals. However, due to the exceptional circumstances in this case, we dismiss the case without prejudice to any party’s right to take any action allowed by S.C.Code Ann. §§ 15-48-120, et. seq. (Supp. 2002). The timing deadlines required under Sections 15-48-120, et. seq. were tolled during the period of this appeal.
AFFIRMED AS MODIFIED.
. The trial judge did not state which Appellate Rule provides for such an appeal.
. S.C.Code Ann. § 15-48-120 (Supp. 2002).
. S.C.Code Ann. § 15-48-130 (Supp. 2002).
. S.C.Code Ann. § 15-48-140 (Supp. 2002).
Reference
- Full Case Name
- MAIN CORPORATION and B.J. Johnson v. J. Thomas BLACK, Ronnie M. Givens, George S. Maroska, C. Dennis McKittrick, Berlin G. Meyers, Jr., Thomas W. Myers, Sr., William D. Price, M.D., Rutherford P.C. Smith and Lloyd B. Williams, Jr., individually and as Partners in the Summerville Town Square Partnership, A South Carolina General Partnership, and the Summerville Town Square Partnership, a South Carolina General Partnership, Alexander's Station Limited Partnership, The Williams Co., Inc., General Partner & other unknown, Of Whom J. Thomas Black, Ronnie M. Givens, George S. Maroska, C. Dennis McKittrick, Berlin G. Meyers, Jr., Thomas W. Myers, Sr., William D. Price, M.D., Rutherford P.C. Smith and Lloyd B. Williams, Jr., individually and as Partners in the Summerville Town Square Partnership, A South Carolina General Partnership, and the Summerville Town Square Partnership, a South Carolina General Partnership, Alexander's Station Limited Partnership, The Williams Co., Inc., General Partner are
- Cited By
- 7 cases
- Status
- Published