Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

Lawrence Montjoy, deceased employee and Margaret Montjoy, widow,Respondent, v. Asten-Hill Dryer Fabrics, Employer, Commerce IndustryInsurance Company, Argonaut Insurance Company, Fidelity Casualty Co. ofNew York; and the Insurance Company of North America, Defendants,of whomAsten-Hill Dryer Fabrics and Argonaut Insurance Company are Appellants,andCommerce Industry Insurance Company is, Respondent.

ORDER

This appeal is from an order of the circuit court remanding this case to the Workers' Compensation Commission. Respondent moves to dismiss the appeal on the ground the order is interlocutory and not directly appealable. We agree and dismiss the appeal.

S.C. Code Ann. § 1-23-390 (1986) provides:

An aggrieved party may obtain a review of any final judgment of the circuit court under this article by appeal to the Supreme Court. The appeal shall be taken as in other civil cases.

Accordingly, we have consistently held that an order of the circuit court remanding a case for additional proceedings before an administrative agency is not directly appealable. Owens v. Canal Wood Corp., 281 S.C. 491, 316 S.E.2d 385 (1984); Hunt v. Whitt, 279 S.C. 343, 306 S.E.2d 621 (1983). To the extent our recent decision in Blakely v. State Board of Medical Examiners, ___ S.C. ___, 425 S.E.2d 37 (1993), may be read to allow such an appeal, it is hereby overruled.

Accordingly, the motion to dismiss is

Granted.

/s/ A. Lee Chander, A.C.J. /s/ Ernest A. Finney, Jr., A.J. /s/ Jean H. Toal, A.J. /s/ James E. Moore, A.J.

Harwell, C.J., not participating.

Use AI to get other relevant cases.

Comments

MONTJOY v. ASTEN-HILL DRYER FABRICS
(Feb 3, 1994)