Legal Opinion
C & S Real Estate Services, Inc. v. Massengale
Supreme Court of South Carolina
Decided October 22, 1986PublishedCited by 13 opinions
1Opinion of the Court
ORDER
Appellant has appealed an order denying her a jury trial on all but one of six counterclaims she asserted in this mortgage foreclosure. Respondent now moves to dismiss the appeal on the ground the order is not immediately appealable. We grant the motion to dismiss.
An order denying a party a jury trial is not immediately appealable unless it deprives him of a mode of trial to which he is entitled as a matter of right. See Williford v. Downs, 265 S. C. 319, 218 S. E. (2d) 242 (1975); Alston v. Limehouse, 61 S. C. 1, 39 S. E. 192 (1901). We must determine whether appellant had the right to…
2Cases cited10 opinions
- Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
- Hightower v. BigoneySupreme Court of Florida · 1963
- Welborn v. CobbSupreme Court of South Carolina · 1912
- Alston v. LimehouseSupreme Court of South Carolina · 1901
- Lisle Mills, Inc. v. Arkay Infants Wear, Inc.District Court, E.D. New York · 1950
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Goddard v. Fairways Development General PartnershipCourt of Appeals of South Carolina · 1993
- Johnson v. South Carolina National BankSupreme Court of South Carolina · 1987
- North Carolina Federal Savings & Loan Ass'n v. DAV Corp.Supreme Court of South Carolina · 1989
- Wachovia Bank, National Ass'n v. BlackburnSupreme Court of South Carolina · 2014
- Flagstar Corp. v. Royal Surplus LinesSupreme Court of South Carolina · 2000
8 more not listed; retrieve them via the Exa API.