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.
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.
Enter your email address/USER ID and password in the fields above to gain access to the subscriber content on this site.
Your subscription includes one set of login credentials for your exclusive use. Security features have been integrated on this site: If someone signs in with your credentials while you are logged in, the site will automatically close your ongoing login and you will lose access at that time. To inquire about group subscriptions for your organization, contact Joann Griffin.
Already a paid subscriber but not registered for online access yet? Click Here to register.
Forgot password or User ID?