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Creed v. Stokes

Supreme Court of South Carolina
Jun 10, 1985
285 S.C. 542 (S.C. 1985)

Summary

holding an order referring the matter to the master was immediately appealable when the petitioner challenged the order on the ground that it violated his right to a trial by jury

Summary of this case from Maybank 2754 v. Zurlo

Opinion

22341

Heard May 20, 1985.

Decided June 10, 1985.

Robert J. Sheheen, Camden, for respondents. George W. Speedy, Camden, for appellant.


Heard May 20, 1985.

Decided June 10, 1985.


Appellant C.W. Stokes appeals in this boundary dispute. The master and trial judge ruled respondents had established title to the disputed property by adverse possession. We affirm.

Stokes' only contention is the lower court erred in ordering this matter referred to the master. He correctly contends he had a right to a jury trial since this was a land title dispute. See S.C. Const. Art. I, § 14.

However, appellant waived his objection to the order of reference. Though he opposed the order, he failed to appeal from it. The order was not interlocutory, and should have been appealed immediately because it affected the mode of trial, a substantial right. S.C. Code Ann. § 14-3-330(2) (1976); Pelfrey v. Bank of Greer, 270 S.C. 691, 244 S.E.2d 315 (1978). The order became law of the case once appellant failed to timely appeal.

The order of the lower court is accordingly,

Affirmed.

LITTLEJOHN, C.J., and NESS, HARWELL and CHANDLER, J.J., concur.


Summaries of

Creed v. Stokes

Supreme Court of South Carolina
Jun 10, 1985
285 S.C. 542 (S.C. 1985)

holding an order referring the matter to the master was immediately appealable when the petitioner challenged the order on the ground that it violated his right to a trial by jury

Summary of this case from Maybank 2754 v. Zurlo

holding the appellant's failure to timely appeal an order referring the case to a master precluded the appellant from later complaining that he had been entitled to a trial by jury

Summary of this case from Fed. Nat'l Mortg. Ass'n v. Dalen

finding appellant could not later complain that he had been entitled to a jury trial when appellant failed to timely appeal an order referring the dispute to a master in equity

Summary of this case from Vanderbilt Mortg. & Fin., Inc. v. Bull

finding the appellant waived his objection to the order of reference by not immediately appealing the order

Summary of this case from Bateman v. Rouse
Case details for

Creed v. Stokes

Case Details

Full title:James L. CREED and Marjorie C. Salane, Respondents, v. C.W. STOKES…

Court:Supreme Court of South Carolina

Date published: Jun 10, 1985

Citations

285 S.C. 542 (S.C. 1985)
331 S.E.2d 351

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