Geiger v. Carolina Pool Equipment Distributors, Inc.

184 S.E.2d 446, 257 S.C. 112, 1971 S.C. LEXIS 221
CourtSupreme Court of South Carolina
DecidedNovember 1, 1971
Docket19304
StatusPublished
Cited by8 cases

This text of 184 S.E.2d 446 (Geiger v. Carolina Pool Equipment Distributors, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Geiger v. Carolina Pool Equipment Distributors, Inc., 184 S.E.2d 446, 257 S.C. 112, 1971 S.C. LEXIS 221 (S.C. 1971).

Opinion

Per Curiam.

This is an appeal from an order denying a motion for summary judgment. The motion was made pursuant to *114 Circuit Court Rule 44, as amended. Respondent’s contention that the order is not directly appealable is sustained.

An order denying a motion for summary judgment is an interlocutory decision and not directly appealable. The following from 4 Am. Jur. (2d) Appeal and Error, Section 104. p. 622, states the foregoing general rule and the reasons underlying it:

“However, the prevailing view seems to be that the denial of a motion for summary judgment is an interlocutory decision only and therefore not directly appealable, since such a denial is not an adjudication on the merits against the movant and he is not thereby foreclosed from the possibility of prevailing* in the case when the facts are developed, * * *.”

An annotation on the subject may be found in 15 A. L. R. (3d) 899.

Appeal dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Wright v. Craft
640 S.E.2d 486 (Court of Appeals of South Carolina, 2006)
Olson v. Faculty House of Carolina, Inc.
580 S.E.2d 440 (Supreme Court of South Carolina, 2003)
Baber v. Greenville County
488 S.E.2d 314 (Supreme Court of South Carolina, 1997)
Ballenger v. Bowen
443 S.E.2d 379 (Supreme Court of South Carolina, 1994)
State Ex Rel. Medlock v. Nest Egg Society Today, Inc.
348 S.E.2d 381 (Court of Appeals of South Carolina, 1986)
United States Fidelity & Guaranty Co. v. City of Spartanburg
227 S.E.2d 188 (Supreme Court of South Carolina, 1976)
Medlin v. W. T. Grant, Inc.
203 S.E.2d 426 (Supreme Court of South Carolina, 1974)
Greenwich Savings Bank v. Jones
201 S.E.2d 244 (Supreme Court of South Carolina, 1973)

Cite This Page — Counsel Stack

Bluebook (online)
184 S.E.2d 446, 257 S.C. 112, 1971 S.C. LEXIS 221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geiger-v-carolina-pool-equipment-distributors-inc-sc-1971.