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Hedgepath v. American Telephone and Telegraph Company12/10/2001
f limitations issue.
Following a discovery period, Nassau and Gaston Copper filed motions for summary judgment based upon the statute of limitations. The Hedgepath plaintiffs opposed the motion. After a hearing, the trial court denied Nassau's motion for summary judgment based upon the equitable estoppel doctrine. However, the court dismissed Gaston Copper from the litigation because it did not have any contact with the Hedgepath family. Nassau appeals the denial of its summary judgment motion.
We must initially determine if this court has subject matter jurisdiction over Nassau's appeal.
Nassau asserts this Court should find it has subject matter jurisdiction over this appeal because there is an appealable issue before the court, i.e., the grant of summary judgment in the Banyard case.
We are aware that generally, the denial of a motion for summary judgment is not immediately appealable. Ballenger v. Bowen, 313 S.C. 476, 443 S.E.2d 379 (1994). Our appellate courts, however, have recognized an exception to this rule. Specifically, the courts have made a practice of accepting appeals of denials of interlocutory orders not ordinarily immediately appealable when these appeals are companion to issues that are reviewable.
Our examination of the case law regarding this exception begins with the Supreme Court's agreement to consider an appeal of whether a trial court erred in failing to require a party make its complaint more definite in Briggs v. Richardson, 273 S.C. 376, 256 S.E.2d 544 (1979). Additionally appealed to the Court for its review was an issue of whether the trial court erred in overruling the appellant's demurrer. Presented with the question of whether to address the denial of the motion for a more definite complaint, the Briggs Court pronounced: "While not normally appealable, issue [concerning the motion for a more definite complaint] is before the Court due to the appealability of the first issue [regarding the demurrer]." Id. at 379 n.1, 256 S.E.2d at 546 n.1 (citation omitted).
This Court has taken a concordant view concerning the propriety of reviewing interlocutory orders not ordinarily immediately appealable.
In Garrett v. Snedigar, 293 S.C. 176, 359 S.E.2d 283 (Ct. App. 1987), partners in a real estate venture brought an action for fraud, breach of contract, and violations of the South Carolina Uniform Securities Act against the organizer, a construction company, and an investment advisor who was retained to market the partnership. The investment advisor was also sued for negligence. The Circuit Court granted the plaintiffs' motion for summary judgment, which concerned the issue of whether their interests in the partnership were securities. The trial court additionally granted the plaintiffs' motion to amend their cause of action for negligence and denied the investment advisor's summary judgment motion pertaining to this claim. On appeal, the investment advisor argued, inter alia, the trial court erred in acting on the plaintiffs' motion to amend without holding a hearing separate from his motion for summary judgment. In response, the Court stated:
An interlocutory appeal of this issue à is not normally allowed. See Davis-McGee Mule Co. v. Marett, 129 S.C. 36, 37, 123 S.E. 323, 323 (1924) ("No appeal can be made except from a final judgment."). An order denying summary judgment cannot be appealed, even after trial. Holloman v. McAllister, 289 S.C. 183, 345 S.E.2d 728 (1986). However, these issues are properly before us because the issue of whether the Circuit Court erred in granting the motion of the plaintiffs for partial summary judgment is appealable. See Briggs v. Richardson, 273 S.C. 376,
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