Opinion
2011-MO-039
12-19-2011
Mell Woods, Pro Se, of Lancaster. B. Michael Brackett, of Moses Koon & Brackett, of Columbia, for Respondent.
UNPUBLISHED OPINION
Submitted December 14, 2011
Appeal From Chester County Brooks P. Goldsmith, Probate Court Judge
Mell Woods, Pro Se, of Lancaster.
B. Michael Brackett, of Moses Koon & Brackett, of Columbia, for Respondent.
MEMORANDUM OPINION
PER CURIAM
Petitioner seeks a writ of certiorari to review the Court of Appeals' dismissal of his appeal. The Court of Appeals dismissed the appeal because petitioner failed to serve and file a notice of appeal from the final order granting respondent's motion for summary judgment and instead served and filed a notice of appeal from a subsequent order denying his Rule 59(e), SCRCP, motion, without any mention of the earlier order. We grant the petition for a writ of certiorari, dispense with further briefing, reverse the order of dismissal, and remand this matter to the Court of Appeals for consideration of petitioner's appeal. See Weatherford v. Price, 340 S.C. 572, 532 S.E.2d 310 (Ct. App. 2000); Charleston Lumber Co. v. Miller Housing Corp., 318 S.C. 471, 458 S.E.2d 431 (Ct. App. 1995).
REVERSED AND REMANDED.
TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur. -->