Geiger v. Carolina Pool Equipment Distributors, Inc.

184 S.E.2d 446, 257 S.C. 112, 1971 S.C. LEXIS 221

Opinion

Per Curiam.

This is an appeal from an order denying a motion for summary judgment. The motion was made pursuant to 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.