"An order 'involves the merits,' as that term is used in [s]ection 14-3-330(1)[,] and is immediately appealable when it finally determines some substantial matter forming the whole or part of some cause of action or defense." (alterations in original) (quoting Ex. Parte Capital U-Drive-It, Inc., 369 S.C. at 7 , 630 S.E.2d at 467-68 )
How later courts described this case
- "An order 'involves the merits,' as that term is used in [s]ection 14-3-330(1)[,] and is immediately appealable when it finally determines some substantial matter forming the whole or part of some cause of action or defense." (alterations in original) (quoting Ex. Parte Capital U-Drive-It, Inc., 369 S.C. at 7 , 630 S.E.2d at 467-68 )
- "The cardinal rule of contract interpretation is to ascertain and give effect to the intention of the parties and, in determining that intention, the court looks to the language of the contract." (quoting Sphere Drake Ins. Co. v. Litchfield, 313 S.C. 471, 473 , 438 S.E.2d 275, 277 (Ct. App. 1993))
- "Because the denial of a motion for summary judgment cannot be appealed, we cannot consider this issue."
- noting that clear and unambiguous language in a contract determines the contract’s force and effect
Written by the judges who cited it.
The opinion
FEW, C.J.,
concurring in part, and dissenting in part.
I concur in the majority’s decision to affirm partial summary judgment to Underwood on the only two issues raised in her motion: (1) Did Watson grant Underwood power of attorney; and (2) Did Underwood have authority under that power of attorney to create an irrevocable trust. Because Underwood’s motion raised no other issues, I would vacate all other relief granted by the circuit court.