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275 S.C. 160

267 S.E.2d 720

State v. Lockhart

Supreme Court of South Carolina

Decided July 8, 1980

Supreme Court of South Carolina · decided 1980-07-08

Relies on Wallace v. Interamerican Trust Co.

Good law ✅— No negative treatment on recordhow we know

Decided 1980-07-08

How this case has been cited

Cited by 6 later decisions — most recently August 2013

6 state decisions

201980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1 ORDER

¶2 This is an appeal from an order of the family court transferring jurisdiction over appellant, David Lockhart, to the court of general sessions pursuant to § 14-21-540 of the South Carolina Code (1976). Respondent seeks to dismiss the appeal on grounds that the transfer order is interlocutory and therefore not appealable before a final judgment. We agree.

¶3 Appellant relies on the recent decisions of In the Interest of Sullivan, 265 S. E. (2d) 527 (1980) and In the Interest of Shaw, 265 S. E. (2d) 522 (1980) to sustain his contention that the present order is appealable before final judgment. The question of whether the transfer orders in Sullivcm and Shaw were appealable was not raised in those appeals, as it has been in this case. Those cases are therefore not controlling here. Wallace v. Interamerican Trust Company, 246 S. C. 563, 144 S. E. (2d) 813 (1965).

¶4 We hold that a family court order transferring jurisdiction over a defendant to a court of general sessions is interlocutory and not subject to immediate appeal to this Court. Accordingly, the Motion to Dismiss is granted and the appeal is hereby dismissed.

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