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Moyd v. Johnson
347 S.E.2d 97
S.C.
1986
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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.

Case Details

Case Name: Moyd v. Johnson
Court Name: Supreme Court of South Carolina
Date Published: Jun 6, 1986
Citation: 347 S.E.2d 97
Court Abbreviation: S.C.
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