Deal v. Deal, 85 S.C. 262

Summary

The South Carolina Supreme Court considered whether a circuit judge had jurisdiction to extend the time for serving a case and exceptions after notice of appeal had been given. The Court held that the order extending the time was not appealable; any jurisdictional defect could be addressed through a motion to dismiss the underlying appeal, and the appeal from the extension order was dismissed.

Holdings

1. An order by a circuit judge extending the time for serving a proposed case and exceptions is not appealable.
2. The questions whether the circuit judge correctly construed section 345 and had jurisdiction to grant the extension were speculative because the Supreme Court had independently exercised its authority under section 349 to permit the original appeal to be perfected.

Questions Presented

1. Whether the circuit judge's order extending the time for service of the case and exceptions was appealable.
2. Whether the Supreme Court should decide whether the circuit judge correctly construed the statutory deadline and had jurisdiction to grant the extension.

Disposition

dismissed