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N.C. Fed. S. L. Assoc. v. Twin States Dev. Corp.

Supreme Court of South Carolina
May 8, 1986
289 S.C. 480 (S.C. 1986)

Summary

rejecting an attempt to invoke a rule of civil procedure as a basis of the right to appeal and holding, "[t]he right of appeal arises from and is controlled by statutory law"

Summary of this case from Skinner v. Westinghouse Elec. Corp.

Opinion

May 8, 1986.


May 8, 1986.

ORDER

This is an appeal from an order of reference in a mortgage foreclosure action. Respondent moves to dismiss the appeal on the ground the order is not subject to immediate appeal. We grant the motion to dismiss. See Williford v. Downs, 265 S.C. 319, 218, S.E.2d 242 (1975); Collier v. Green, 244 S.C. 367, 137 S.E.2d 277 (1964).

In support of its motion, respondent argues that Rule 72, SCRCP, does not authorize immediate appeal of the trial court's order.

Rule 72 reads: "Appeal may be taken, as provided by law, from any final judgment or order dismissing an action under these rules" (emphasis supplied).

The right of appeal arises from and is controlled by statutory law. The jurisdiction of appellate courts is prescribed by S.C. Code Ann. § 14-3-330 (1976) and is defined in numerous decisions of this Court and the Court of Appeals. Rule 82(a), SCRCP, specifically provides that "These rules shall not be construed to extend or limit the jurisdiction of any court of this state ..."

The jurisdictional rights of appeal continue to be controlled by S.C. Code § 14-3-330.


Summaries of

N.C. Fed. S. L. Assoc. v. Twin States Dev. Corp.

Supreme Court of South Carolina
May 8, 1986
289 S.C. 480 (S.C. 1986)

rejecting an attempt to invoke a rule of civil procedure as a basis of the right to appeal and holding, "[t]he right of appeal arises from and is controlled by statutory law"

Summary of this case from Skinner v. Westinghouse Elec. Corp.

In NorthCarolina Federal Savings Loan Ass'n v. Twin States Development Corp., 289 S.C. 480, 347 S.E.2d 97 (1986), our Supreme Court held the right to appeal is controlled by statutory law.

Summary of this case from Woodard v. Westvaco Corp.
Case details for

N.C. Fed. S. L. Assoc. v. Twin States Dev. Corp.

Case Details

Full title:NORTH CAROLINA FEDERAL SAVINGS AND LOAN ASSOCIATION, Respondent v. TWIN…

Court:Supreme Court of South Carolina

Date published: May 8, 1986

Citations

289 S.C. 480 (S.C. 1986)
347 S.E.2d 97

Citing Cases

Hagood v. Sommerville

The right of appeal arises from and is controlled by statutory law. North Carolina Federal Sav. and Loan…

Woodard v. Westvaco Corp.

Under former Rule 72(4), SCRCP, an order granting or refusing a motion to dismiss an action for lack of…