Wednesday, May 17, 2006
S.C. Supreme Court holds order granting a stay is not immediately appealable
In Edwards v. SunCom, the trial court granted SunCom's motion to stay an action while it sought a ruling from the Federal Communications Commission (FCC) as to whether an "early termination fee" constituted a "rate charged." Because the order did not discontinue the proceeding, but rather temporarily stays the matter pending a ruling by the FCC, the supreme court held the order was not immediately appealable.
Posted by william at 7:46 AM