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Civil Practice – Appeals – Interlocutory – Motion to Dismiss – Forum Non Conveniens – First Impression (access required)

Burkey v. Noce On a matter of first impression, we rule that the denial of a motion to dismiss based on forum non conveniens is not immediately appealable. Appeal dismissed. While no S.C. case law concerns the immediate appealability of a denial of dismissal based specifically on forum non conveniens, the denial of a motion to dismiss under Rule 12(b)(6) is not generally appealable. An order denying a motion to dismiss for lack of subject matter jurisdiction is also not directly appealable. Additionally, an order denying a motion to change venue is not immediately appealable.

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