McCullar v. Estate of Campbell

We granted certiorari to consider a Court of Appeals decision which reversed a circuit court order dismissing this medical malpractice suit brought against the estate of a deceased doctor (Estate) for lack of subject matter jurisdiction. McCullar v. Estate of Cox, Op. No.2006-UP-332 (S.C. Ct.App. filed September 20,2006). We reverse.

We agree with the Court of Appeals that there is no subject matter jurisdiction issue here, and thus both the Estate and the circuit court erred in relying on Rule 12(b)(1), SCRCP. In our opinion, however, the Court of Appeals erred in failing to exercise its…