Rule 72.Judgments and orders subject to appeal

Group IX: Appeals and Arbitration · Not amended since adoption on record · Last verified July 13, 2026

In one sentenceRule 72 states that an appeal may be taken, as provided by law, from any final judgment or appealable order, leaving the actual scope of appellate jurisdiction to the constitution, statutes, and case law rather than to the civil rules themselves.

Full Text of Rule 72

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Appeal may be taken, as provided by law, from any final judgment or appealable order.

Notes

Note: This Rule 72 parallels, in part, S.C. Code § 14-3-330, but is designed to reduce appeals from interlocutory or intermediate orders in an action. It accords with the modern decisions of the Supreme Court narrowing "dilatory appeals" from such interlocutory orders as grant or deny motions addressed to the pleadings, motions at trial, and the like. All such questions are left to the appeal from final judgment or order of dismissal. There is no conflict with the Supreme Court jurisdictional statutes and all statutory rights to appeal are preserved specifically by subdivision (6).

Note to 1989 Amendment: The jurisdiction of all courts is determined by the Constitution, the jurisdictional statutes, and the case law interpreting those provisions. Rule 72 as originally written created confusion and unintended arguments that the civil rules changed the scope of appeal. Rule 72 was not intended to alter, amend or supercede previously existing law concerning appeals. The amendment rephrases Rule 72 as a general statement that appeals are as provided by law, and is consistent with Rule 73 which states that the procedure on appeal is governed by the Rules of the Supreme Court. Article V , § 5, of the Constitution sets forth the jurisdiction of the Supreme Court. Some of the relevant statutes are § 14-3-320 (equitable matters); § 14-3-330 (matters of law); § 17-17-140 (habeas corpus). Some of the important cases are: North Carolina Federal Savings and Loan Ass'n v. Twin States Dev. Corp., 289 S.C. 480, 347 S.E.2d 97 (1986) (§ 14-3-330 controls appeals not Rule 72); Coleman v. Keels, 30 S.C. 614, 9 S.E. 270 (1889) (certiorari); Ex parte Mackey, 15 S.C. 322 (1880) (mandamus); Southern Railway Co. v. Coltex, 285 S.C. 213, 329 S.E.2d 736 (1985) (new trial because of error of law); Simms v. Phillips, 46 S.C. 149, 24 S.E. 87 (1896) (subject matter jurisdiction); Nat. Exchange Bank v. Stelling, 32 S.C. 102, 10 S.E. 766 (1890) (personal jurisdiction); Godley v. Uniroyal, Inc., 278 S.C. 571, 300 S.E.2d 78 (1983) (venue not immediately appealable).

Plain-English Summary

Rule 72 is short on purpose. It says an appeal may be taken from any final judgment or appealable order, as provided by law, and stops there. The rule does not attempt to define what counts as final or what makes an order appealable; it defers that question entirely to the constitutional and statutory provisions, and the decisions interpreting them, that already govern appellate jurisdiction in South Carolina.

That restraint is deliberate. Earlier drafting of this rule invited arguments that the civil rules themselves had changed the scope of what could be appealed, which is not what the rule was meant to do. The current language makes clear that Rule 72 is not a source of appellate jurisdiction in its own right; it is a signpost pointing toward the jurisdictional statutes and constitutional provisions that decide the question.

Read together with Rule 73, which sends the mechanics of an appeal to the appellate court rules, Rule 72 functions as the gateway into the appeals process: it confirms that an appeal exists once a final judgment or an order the law recognizes as appealable has been entered, and then hands off everything else, including which orders qualify, to bodies of law outside the civil rules.

Frequently Asked Questions

Does Rule 72 itself define what makes an order appealable?

No. Rule 72 states that an appeal may be taken from a final judgment or appealable order as provided by law, meaning the constitution, jurisdictional statutes, and case law define what qualifies, not the rule itself.

Can a party appeal an interlocutory order under Rule 72?

Rule 72 does not expand appeal rights to interlocutory or intermediate orders; whether such an order is appealable depends on the jurisdictional statutes and case law that govern appeals outside the civil rules.

Did the civil rules change what could be appealed in South Carolina?

No. Rule 72 was amended specifically to clarify that it was not intended to alter, amend, or supersede previously existing law concerning appeals; it is a general statement that appeals proceed as provided by law.

What governs the procedure once an appeal is properly taken under Rule 72?

Rule 73 states that the procedure on appeal to the Supreme Court or Court of Appeals follows the South Carolina Appellate Court Rules, working alongside Rule 72's statement that an appeal itself may be taken as provided by law.

Source & verification. Rule text, official Notes, and amendment history are reproduced verbatim from the South Carolina Rules of Civil Procedure, adopted by the Supreme Court of South Carolina. Last verified July 13, 2026. · Official source

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