SCRCP 72

Appeal may be taken, as provided by law, from any final judgment or appealable order.

Note:

This Rule 72 parallels, in part, S.C. Code § 14-3-330, but is designed to reduce appeals

from interlocutory or intermediate orders in an action. It accords with the modern

decisions of the Supreme Court narrowing "dilatory appeals" from such interlocutory

orders as grant or deny motions addressed to the pleadings, motions at trial, and the

like. All such questions are left to the appeal from final judgment or order of dismissal.

There is no conflict with the Supreme Court jurisdictional statutes and all statutory

rights to appeal are preserved specifically by subdivision (6).

Note to 1989 Amendment:

The jurisdiction of all courts is determined by the Constitution, the jurisdictional

statutes, and the case law interpreting those provisions. Rule 72 as originally written

created confusion and unintended arguments that the civil rules changed the scope of

appeal. Rule 72 was not intended to alter, amend or supercede previously existing law

concerning appeals. The amendment rephrases Rule 72 as a general statement that

appeals are as provided by law, and is consistent with Rule 73 which states that the

procedure on appeal is governed by the Rules of the Supreme Court.

Article V, § 5, of the Constitution sets forth the jurisdiction of the Supreme Court.

Some of the relevant statutes are § 14-3-320 (equitable matters); § 14-3-330 (matters

of law); § 17-17-140 (habeas corpus). Some of the important cases are: North Carolina

Federal Savings and Loan Ass'n v. Twin States Dev. Corp., 289 S.C. 480, 347 S.E.2d 97

(1986) (§ 14-3-330 controls appeals not Rule 72); Coleman v. Keels, 30 S.C. 614, 9 S.E.

270 (1889) (certiorari); Ex parte Mackey, 15 S.C. 322 (1880) (mandamus); Southern

Railway Co. v. Coltex, 285 S.C. 213, 329 S.E.2d 736 (1985) (new trial because of error of

law); Simms v. Phillips, 46 S.C. 149, 24 S.E. 87 (1896) (subject matter jurisdiction); Nat.

Exchange Bank v. Stelling, 32 S.C. 102, 10 S.E. 766 (1890) (personal jurisdiction); Godley

v. Uniroyal, Inc., 278 S.C. 571, 300 S.E.2d 78 (1983) (venue not immediately

appealable).