Joyner v. Glimcher Properties

I disagree with the majority’s conclusion that the failure of Appellant to seek a Writ of Mandamus against the magistrate’s court provides a basis for dismissal of the appeal under the circumstances of this case. I, therefore, respectfully dissent.

The circuit court dismissed the appeal on the grounds that Appellant failed to diligently prosecute the appeal. Dismissal by the circuit court based upon a failure to prosecute an appeal is a discretionary action. See Small v. Mungo, 254 *464S.C. 438, 442, 175 S.E.2d 802, 804 (1970). Therefore, we should reverse only if there is a manifest injustice…