Legal Opinion

Ballenger v. Bowen

Supreme Court of South Carolina

Decided March 15, 1994PublishedCited by 51 opinions

1Opinion of the Court

ORDER

This is an appeal of an order denying summary judgment. Respondent moves to dismiss the appeal, arguing the order is not appealable. Appellants, relying on the second footnote in Ex parte South Carolina Farm Bureau Mutual Insurance Co., — S.C. — , 431 S.E. (2d) 252 (1993), assert the order is immediately appealable because statements made in the order have the effect of striking their defense of res judicata!collat-eral estoppel. We disagree and dismiss the appeal.

This Court has repeatedly held that the denial of summary judgment is not directly appealable. Willis v. Bishop, 276 S.C.…

2Cases cited17 opinions

  1. Gilmore v. IveyCourt of Appeals of South Carolina · 1986
  2. Holloman v. McAllisterSupreme Court of South Carolina · 1986
  3. Good v. Hartford Accident & Indemnity Co.Supreme Court of South Carolina · 1942
  4. Johnston v. BowenSupreme Court of South Carolina · 1993
  5. Carter v. FLORENTINE CORPORATION, INC.Supreme Court of South Carolina · 1992

12 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. Brown v. PearsonCourt of Appeals of South Carolina · 1997
  2. Olson v. Faculty House of Carolina, Inc.Supreme Court of South Carolina · 2003
  3. Dorrell v. South Carolina Department of TransportationSupreme Court of South Carolina · 2004
  4. Woodard v. Westvaco Corp.Supreme Court of South Carolina · 1995
  5. Osborne v. Allstate InsuranceCourt of Appeals of South Carolina · 1995

46 more not listed; retrieve them via the Exa API.

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