MORROW v. FUNDAMENTAL LONG-TERM CARE

No. 27532.

412 S.C. 534 (2015)

773 S.E.2d 144

Lawrence E. MORROW and Evelyn M. Morrow, Petitioners, v. FUNDAMENTAL LONG-TERM CARE HOLDINGS, LLC; Fundamental Clinical Consulting, LLC; Fundamental Administrative Services, LLC; THI of Baltimore, Inc.; THI of South Carolina, LLC; THI of Baltimore Management, LLC; THI of South Carolina at Magnolia Place at Spartanburg, LLC, d/b/a Magnolia Place at Spartanburg, Respondents.

Supreme Court of South Carolina.

Decided June 17, 2015.


Attorney(s) appearing for the Case

John S. Nichols and Blake A. Hewitt , both of Bluestein, Nichols, Thompson & Delgado, LLC, of Columbia, and Gary W. Poliakoff and Raymond P. Mullman, Jr , both of Poliakoff & Associates, PA, of Spartanburg, for Petitioners.

William L. Howard, Sr. , D. Jay Davis, Jr. , and Russell G. Hines , all of Young Clement Rivers, LLP, of Charleston, and Lori D. Proctor , of Cooper & Scully, PC, of Houston, TX, for Respondents.


The court of appeals dismissed as interlocutory an appeal which severed a number of defendants from this lawsuit, ostensibly under the label of "bifurcation." We hold the order went far beyond our common understanding of bifurcation, thereby affecting a substantial right of the petitioners. We therefore reverse.

FACTUAL/PROCEDURAL...

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