Bone v. U.S. Food Service

Respectfully, I dissent. In my opinion, this case involves nothing more than a straight-forward application of Section 1-23-390 of the South Carolina Code (Supp.2011), which permits an appeal from a final decision involving the merits of a substantial issue in a case. Under this rubric, the court of appeals erred in dismissing U.S. Food Service’s appeal. In reaching the opposite result and broadening Charlotte-Mecklenburg Hospital Authority v. South Carolina Department of Health & Environmental Control, 387 S.C. 265, 692 S.E.2d 894 (2010), beyond its original context, the majority overrules…