Wednesday, June 15, 2005

Order finding improper service is immediately appealable

In a case (Wetzel v. Woodside) decided on June 6, the State Supreme Court held as follows:

Here, however, the effect of granting the motion and holding that Steele has not been properly served is equivalent to granting a motion to dismiss under Rule 12(b)(5), SCRCP, since it ends the action as to Steele. Therefore, it is immediately appealable.

In other words, findings of improper service are immediately appealable so long as the finding ends the action as to the party in question.

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