From Casetext: Smarter Legal Research

Medlin v. Grant

Supreme Court of South Carolina
Jan 7, 1974
203 S.E.2d 426 (S.C. 1974)

Opinion

19748

January 7, 1974.

Messrs. Watkins, Vandiver, Kirven, Long Gable, of Anderson, for Appellant. M.A. McAlister, Esq., of Anderson, for Respondent.


January 7, 1974.


This is an action by Carl Medlin, Guardian ad Litem for Teresa Medlin, the respondent herein, against W.T. Grant, Inc., appellant, to recover damages for an alleged malicious prosecution. The appellant's answer was a general denial and the defense of res judicata.

The appellant, pursuant to Circuit Court Rule 44, moved before The Honorable Michael D. Glenn, Judge of the Anderson County Court, for a summary judgment.

The motion was refused and the appellant prosecutes this appeal therefrom.

In the case of Geiger v. Carolina Pool Equipment Distributors, Inc., 257 S.C. 112, 184 S.E.2d 446, we held that an order denying a motion for summary judgment is an interlocutory decision and not directly appealable. In support of this rule we cited 4 Am. Jur.2d Appeal and Error, Section 104, at page 622, and also an annotation found in 15 A.L.R. 3d 899. In the recent case of Greenwich Saving Bank v. Jones, S.C. 201 S.E.2d 244 (1973), we reaffirmed the foregoing rule.

The appeal is dismissed.


Summaries of

Medlin v. Grant

Supreme Court of South Carolina
Jan 7, 1974
203 S.E.2d 426 (S.C. 1974)
Case details for

Medlin v. Grant

Case Details

Full title:Carl MEDLIN, guardian ad litem for Teresa Medlin, a minor over the age of…

Court:Supreme Court of South Carolina

Date published: Jan 7, 1974

Citations

203 S.E.2d 426 (S.C. 1974)
203 S.E.2d 426

Citing Cases

U.S. Fid. Guar. Co. v. City of Spartanburg

In support of this rule we cited 4 Am. Jur.2d. Appeal and Error, § 104, at page 622, and also an annotation…