According to the AP:
The lawsuit, filed in February by Hilton Head Island lawyer Jim Herring and the South Carolina Public Interest Foundation, alleges the Judicial Merit Selection Commission failed to properly screen Mullen. The lawsuit claims she was nominated to replace Judge Jackson Gregory despite concerns about whether she actually lived and worked in the circuit. Judge Kinard dismissed the case and held that it should have been filed in the original jurisdiction of the South Carolina Supreme Court.
. . .
James Carpenter, the attorney representing Herring and the foundation, said he thinks he will be able to file the case with the Supreme Court before the swearing-in this summer.