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2010-MO-009 - Pye v. Holmes

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court


Lee Pye, Petitioner,

v.

Mary B. Holmes, Charleston County Magistrate, and Charleston County, Respondents.


ON WRIT OF CERTIORARI TO THE COURT OF APPEALS


Appeal from Charleston County
Deadra L. Jefferson, Circuit Court Judge


Memorandum Opinion No.  2010-MO-009
Heard January 21, 2010 – Filed April 12, 2010 


VACATED


Bonnie Travaglio Hunt, of Hunt Law Firm, of North Charleston and Holly Palmer Beeson, of Baker, Ravenel & Bender, of Columbia, for Petitioner.

James A. Stuckey, Jr., of Stuckey Law Offices, of Charleston, for Respondents.


PER CURIAM:  We granted certiorari to consider the Court of Appeals opinion in Pye v. Holmes, Op. No. 2008-UP-251 (S.C. Ct. App. filed May 7, 2008).  The Court of Appeals upheld the trial court's denial of Lee Pye's motion to transfer the case to the jury roster and found that she was not entitled to an immediate appeal from the denial.  We find that because Pye failed to immediately appeal the trial court's denial of her Motion to Transfer, she may not avail herself of appellate review.  See Creed v. Stokes, 285 S.C. 542, 331 S.E.2d 351 (1985).  We therefore hold that the Court of Appeals erred in considering Pye's appeal and vacate the opinion of the Court of Appeals.  As Pye's Motion for Reconsideration is still pending below, we remand for proceedings consistent with this opinion.

VACATED.

TOAL, C.J., PLEICONES, BEATTY, HEARN, JJ., and Acting Justice James E. Moore, concur.