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2008-UP-008 - Newton v. South Carolina Department of Transportation

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 239(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Court of Appeals

Mary Frances Newton and Timothy Robert Newton, Respondents,

v.

South Carolina Department of Transportation, Appellant.


Appeal From Lexington County
A. Victor Rawl, Circuit Court Judge


Unpublished Opinion No. 2008-UP-008
Submitted December 1, 2007 – Filed January 4, 2008


DISMISSED


Frank B. McMaster and John Gregg McMaster, both of Columbia, for Appellant.

Stephen B. Samuels, of Columbia, for Respondents.

PER CURIAM:  The South Carolina Department of Transportation (SCDOT) appeals from the circuit court’s order denying its motion to amend its previously amended answer.  We dismiss without prejudice to a right to appeal from a final judgment, pursuant to Rule 220(b)(2) SCACR, and the following authorities: Toal, Vafai, and Muckenfuss, Appellate Practice in South Carolina 83 (2d ed. 2002) (“[A] fundamental rule of appellate procedure [is] a judgment or order must be final before it can be appealed.”); Briggs v. Richardson, 273 S.C. 376, 379, 256 S.E.2d 544, 546 (1979) (noting an order allowing amendment of a pleading is not final and is not immediately appealable); Baldwin Constr. Co. v. Graham, 357 S.C. 227, 230, 593 S.E.2d 146, 147 (2004) (“We decide, then, whether an order denying a motion to amend an answer is immediately appealable under S.C. Code Ann. § 14-3-330. . . .  Petitioners have not arrived at the end of the road and will be able to appeal the decision after the trial is finished.”).  Because this appeal arises from an interlocutory order that is not immediately appealable, the appeal is

DISMISSED. [1]

HEARN, C.J., and KITTREDGE and THOMAS, JJ., concur.


[1]  We decide this case without oral argument pursuant to Rule 215, SCACR.