From Casetext: Smarter Legal Research

Brown v. Tonney

Court of Appeals of South Carolina
Mar 23, 2022
No. 2022-UP-149 (S.C. Ct. App. Mar. 23, 2022)

Opinion

2022-UP-149 Appellate 2021-000185

03-23-2022

Judith A. Brown, as Personal Representative for the Estate of Mildred C. Knight, and Norman R. "Bobby" Knight III, Appellants, v. Chloe Knight Tonney, Respondent.

Jackson Seth Whipper, of Whipper Law Firm, of North Charleston, for Appellants. Charles S. Altman and Kelli E.M Goldstein, of The Law Offices of Charles S. Altman, of Charleston, for Respondent.


THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

Submitted March 17, 2022

Appeal From Charleston County Capers G. Barr, III, Special Referee

Jackson Seth Whipper, of Whipper Law Firm, of North Charleston, for Appellants.

Charles S. Altman and Kelli E.M Goldstein, of The Law Offices of Charles S. Altman, of Charleston, for Respondent.

PER CURIAM:

Judith A. Brown, as Personal Representative for the Estate of Mildred C. Knight, and Norman R. "Bobby" Knight III appeal the special referee's order denying their motion to amend their complaint. Because this order is not immediately appealable, the appeal is dismissed pursuant to Rule 220(b), SCACR, and the following authorities: Tillman v. Tillman, 420 S.C. 246, 248, 801 S.E.2d 757, 759 (Ct. App. 2017) ("Generally only final judgments are appealable."); id. at 249, 801 S.E.2d at 759 ("Some exceptions to the final judgment rule are set forth in section 14-3-330 of the South Carolina Code (2017), which provides for the appealability of certain interlocutory orders."); id. ("Subsection (1) [of section 14-3-330] allows for the immediate appeal of orders 'involving the merits.' An order involves the merits when it 'finally determine[s] some substantial matter forming the whole or a part of some cause of action or defense . . . .'" (alterations in original) (quoting Mid-State Distribs., Inc. v. Century Importers, Inc., 310 S.C. 330, 334, 426 S.E.2d 777, 780 (1993)); Baldwin Const. Co. v. Graham, 357 S.C. 227, 230, 593 S.E.2d 146, 147 (2004) (stating section 14-3-330(2) allows an appellate court to review "[a]n order affecting a substantial right made in an action when such order (a) in effect determines the action and prevents a judgment from which an appeal might be taken or discontinues the action, (b) grants or refuses a new trial or (c) strikes out an answer or any part thereof or any pleading in any action'" (alteration in original)); id. at 230, 593 S.E.2d at 146-47 (finding that when a circuit court has not struck a pleading but refused to allow its filing, the order denying the motion to amend is not immediately appealable).

APPEAL DISMISSED.

We decide this case without oral argument pursuant to Rule 215, SCACR.

WILLIAMS, C.J., VINSON, J., and LOCKEMY, A.J., concur.


Summaries of

Brown v. Tonney

Court of Appeals of South Carolina
Mar 23, 2022
No. 2022-UP-149 (S.C. Ct. App. Mar. 23, 2022)
Case details for

Brown v. Tonney

Case Details

Full title:Judith A. Brown, as Personal Representative for the Estate of Mildred C…

Court:Court of Appeals of South Carolina

Date published: Mar 23, 2022

Citations

No. 2022-UP-149 (S.C. Ct. App. Mar. 23, 2022)