Rule 21. Misjoinder and Non-joinder of Parties

• Library: South Carolina Rules Annotated (SCBar) (2021 Ed.)

RULE 21. MISJOINDER AND NON-JOINDER OF PARTIES

Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.

Notes:

This Rule 21 is the same as the Federal Rule. Presently, Code §15-13-320(4) permits a demurrer for "defect" of parties, and dismissal of the action is possible. The demurrer is abolished by Rule 7(c), but Rule 12(b)(7) permits a motion to dismiss for failure to join a truly "indispensable" party. With this situation provided for, there is no practical reason why misjoinder should result in dismissal, and this Rule 21 empowers the court to add or drop parties as may be appropriate.

Annotations Rule 21

21

Appeal

"The determination of whether a trial court's order is immediately appealable is governed by statute." Morrow v. Fundamental Long-Term Care Holdings, LLC, 412 S.C. 534, 537, 773 S.E.2d 144, 145 (2015). Section 14-3-330 of the South Carolina Code (1977 & Supp. 2015) states,

The Supreme Court shall have appellate jurisdiction for correction of errors of law in law cases, and shall review upon appeal:

(1) Any intermediate judgment, order or decree in a law case involving the merits in actions commenced in the court of common pleas and general sessions, brought there by original process or removed there from any inferior court or jurisdiction, and final judgments in such actions; provided, that if no appeal be taken until final judgment is entered the court may upon appeal from such final judgment review any intermediate order or decree necessarily affecting the judgment not before appealed from;

(2) An order affecting a substantial right made in an action when such order (a) in effect determines the action and prevents a judgment from which an appeal might be taken or discontinues the action, (b) grants or refuses a new trial or (c) strikes out an answer or any part thereof or any pleading in any action;

(3) A final order affecting a substantial right made in any special proceeding or upon a summary application in any action after judgment; and

(4) An interlocutory order or decree in a court of common pleas granting, continuing, modifying, or refusing an injunction or granting, continuing, modifying, or refusing the appointment of a receiver.

Our supreme court has held an order depriving a plaintiff of his or...