Recognized in 62 practice areas and named a "Best Law Firm" by U.S. News Media Group and Best Lawyers

The end of the road? Court of Appeals issues new case regarding appealability and motions to dismiss.


June 14, 2017
by Sarah P. Spruill 

In Tillman v. Tillman, issued today, the South Carolina Court of Appeals found that an order granting a motion to dismiss is not immediately appealable if the Plaintiff is also granted leave to amend his or her complaint in the same order. This narrow construction of S.C. Code Ann. § 14-3-330 marks a departure from the general rule that orders granting motions to dismiss are immediately appealable. In reaching this result, the Court noted, "Appellant has not reached the end of the road, however long and winding he may have made it. The order is not immediately appealable." The lesson here being be careful what you wish for - if your case has been dismissed and you want an immediate appeal, do not seek to amend your complaint. Full opinion available at http://www.sccourts.org/opinions/HTMLFiles/COA/5493.pdf