Moyd v. Johnson
This text of 347 S.E.2d 97 (Moyd v. Johnson) 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.
Opinion
ORDER
This is an appeal of a circuit court order which overruled a motion to dismiss the complaint under Rule 12(b)(6), SCRCP, for failure to state a cause of action. Respondent moves to dismiss the appeal.
We hold that the denial of a Rule 12(b)(6) motion is not directly appealable under S. C. Code Ann. § 14-3-330 (1976). Therefore, the appeal is dismissed without prejudice.
It is so ordered.
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Cite This Page — Counsel Stack
347 S.E.2d 97, 289 S.C. 482, 1986 S.C. LEXIS 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moyd-v-johnson-sc-1986.