Legal Opinion · Dissent

Bone v. U.S. Food Service

Supreme Court of South Carolina

Decided June 26, 2013No. Appellate Case No. 2010-171946; No. 27278Published

1DissentJustice Hearn

I respectfully dissent. While I agree that Section 1-23-390 is the controlling statute, I do not agree that the circuit court’s order resolving the issue of compensability was not a final order from which a further appeal could be taken.

To begin, I agree with the majority that the APA governs appealability in administrative cases, which means the general rules of appealability do not apply. The APA provides appeal-ability standards for two different stages of appeals: from the *85administrative body to the judiciary and further appellate review within the courts. This case involves only the…

2Cases cited10 opinions

  1. Hunt v. WhittSupreme Court of South Carolina · 1983
  2. Brown v. Greenwood Mills, Inc.Court of Appeals of South Carolina · 2005
  3. Green v. City of ColumbiaCourt of Appeals of South Carolina · 1993
  4. Montjoy v. Asten-Hill Dryer FabricsSupreme Court of South Carolina · 1994
  5. Owens v. Canal Wood Corp.Supreme Court of South Carolina · 1984

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