Lake City Dev. v. Gilbert Const

Full title: LAKE CITY DEVELOPMENT CORPORATION, Appellant, v. GILBERT CONSTRUCTION…

Court: Court of Appeals of South Carolina

Date published: Sep 13, 1984

320 S.E.2d 494 (S.C. Ct. App. 1984)

320 S.E.2d 494

Opinion

0262

Heard August 2, 1984.

Decided September 13, 1984.

E. LeRoy Nettles, E. LeRoy Nettles, Jr., and James R. Epps, of Nettles, Turbeville Reddeck, Lake City, for appellant.

L. Franklin Elmore and Mark W. Buyck, Jr., Florence, for respondent.

Hammond A. Beale and Danny C. Crowe, Columbia, for defendants.

J.L. Hamilton Sons, Inc., pro se.

Heard Aug. 2, 1984.

Decided Sept. 13, 1984.

SHAW, Judge:

This appeal is from an order of the lower court allowing the respondent, Gilbert Construction Company, to join the Town of Lake City, James Law, Yarn Industries, C.B. Askins Company, Inc., and I T Mechanical Engineers, Inc. as third party defendants. We dismiss.

The order granted to respondent, Gilbert Construction Company, Ltd., the right within thirty days to serve an amended answer, counterclaim, cross-complaint and third party summons upon the Town of Lake City, Yarn Industries, Inc., James Law, C.B. Askins Company, Inc. and I T Mechanical Engineers, Inc.

The order of the lower court was not final at the time this appeal was taken and therefore is not appealable. Section 14-3-330 Code of Laws of South Carolina, 1976, as amended. Goodson v. R.A. Taylor Construction Company, 266 S.C. 33, 221 S.E.2d 102 (1975).

Appellant's appeal, being interlocutory is

Dismissed.

BELL and GOOLSBY, JJ., concur.