184 S.E.2d 446 | S.C. | 1971
William N. GEIGER, Respondent,
v.
CAROLINA POOL EQUIPMENT DISTRIBUTORS, INC., Appellant.
Supreme Court of South Carolina.
Messrs. F. Barron Grier, III, of Nelson, Mullins, Grier & Scarborough, and Thomas H. Curlee, Jr., of Lourie & Draine, Columbia, for Appellant.
*113 T. Patton Adams, Esq., of Graydon & Suber, Columbia, for Respondent.
Messrs. R. Bruce Shaw, of Nelson, Mullins, Grier & Scarborough, and Thomas H. Curlee, Jr., of Lourie & Draine, Columbia, for Appellant, in Reply.
November 1, 1971.
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.
