action or of any claim in South Carolina

6 South Carolina opinions name it 2 courts 2006–2023 2 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

Case	Followed	Cited
McComas v. Rossgreen scctapp · 2006 · cited in 2 South Carolina opinions naming this issue, 2015–2023 2 sentences 2023Charleston Holdings, LLC v. Mallon, 381 S.C. 417, 434 , 673 S.E.2d 448, 457 (2009) ("An abuse of discretion occurs when the ruling is based on an error of law or a factual conclusion without evidentiary support."); Rule 41(b), SCRCP ("For failure of the plaintiff to prosecute . . . , a defendant may move for dismissal of an action or of any claim against him."); McComas v. Ross, 368 S.C. 59, 63 , 626 S.E.2d 902, 904 (Ct. App. 2006) ("The Fourth Circuit has said the trial court must consider four factors before dismissing a case for failure to prosecute: (1) the plaintiff's degree of personal r 2023Charleston Holdings, LLC v. Mallon, 381 S.C. 417, 434 , 673 S.E.2d 448, 457 (2009) ("An abuse of discretion occurs when the ruling is based on an error of law or a factual conclusion without evidentiary support."); Rule 41(b), SCRCP ("For failure of the plaintiff to prosecute . . . , a defendant may move for dismissal of an action or of any claim against him."); McComas v. Ross, 368 S.C. 59, 63 , 626 S.E.2d 902, 904 (Ct. App. 2006) ("The Fourth Circuit has said the trial court must consider four factors before dismissing a case for failure to prosecute: (1) the plaintiff's degree of personal r	2	2
Historic Charleston Holdings, LLC v. Mallongreen sc · 2009 · cited in 2 South Carolina opinions naming this issue, 2022–2023 2 sentences 2023Charleston Holdings, LLC v. Mallon, 381 S.C. 417, 434 , 673 S.E.2d 448, 457 (2009) ("An abuse of discretion occurs when the ruling is based on an error of law or a factual conclusion without evidentiary support."); Rule 41(b), SCRCP ("For failure of the plaintiff to prosecute . . . , a defendant may move for dismissal of an action or of any claim against him."); McComas v. Ross, 368 S.C. 59, 63 , 626 S.E.2d 902, 904 (Ct. App. 2006) ("The Fourth Circuit has said the trial court must consider four factors before dismissing a case for failure to prosecute: (1) the plaintiff's degree of personal r 2023Charleston Holdings, LLC v. Mallon, 381 S.C. 417, 434 , 673 S.E.2d 448, 457 (2009) ("An abuse of discretion occurs when the ruling is based on an error of law or a factual conclusion without evidentiary support."); Rule 41(b), SCRCP ("For failure of the plaintiff to prosecute . . . , a defendant may move for dismissal of an action or of any claim against him."); McComas v. Ross, 368 S.C. 59, 63 , 626 S.E.2d 902, 904 (Ct. App. 2006) ("The Fourth Circuit has said the trial court must consider four factors before dismissing a case for failure to prosecute: (1) the plaintiff's degree of personal r	2	2
Small v. Mungogreen sc · 1970 · cited in 2 South Carolina opinions naming this issue, 2015–2022 2 sentences 2022See Small v. Mungo, 254 S.C. 438, 442 , 175 S.E.2d 802, 804 (1970) ("The question of whether an action should be dismissed . . . for failure to [prosecute] is left to the discretion of the circuit [court] and [its] decision will not be disturbed except upon a clear showing of an abuse of such discretion."); Historic Charleston Holdings, LLC v. Mallon, 381 S.C. 417, 434 , 673 S.E.2d 448, 457 (2009) ("An abuse of discretion occurs when the ruling is based on an error of law or a factual conclusion without evidentiary support."); Rule 41(b) ("For failure of the plaintiff to prosecute . . . , a de 2022See Small v. Mungo, 254 S.C. 438, 442 , 175 S.E.2d 802, 804 (1970) ("The question of whether an action should be dismissed . . . for failure to [prosecute] is left to the discretion of the circuit [court] and [its] decision will not be disturbed except upon a clear showing of an abuse of such discretion."); Historic Charleston Holdings, LLC v. Mallon, 381 S.C. 417, 434 , 673 S.E.2d 448, 457 (2009) ("An abuse of discretion occurs when the ruling is based on an error of law or a factual conclusion without evidentiary support."); Rule 41(b) ("For failure of the plaintiff to prosecute . . . , a de	2	2
State v. Oxnergreen sc · 2011 · cited in 1 South Carolina opinions naming this issue, 2016–2016 2 sentences 2016Code Ann. § 18-3-10 (2014) ("Every person convicted before a magistrate of any offense whatever and sentenced may appeal from the sentence to the Court of Common Pleas for the county."); State v. Oxner, 391 S.C. 132, 134 , 705 S.E.2d 51, 51-52 (2011) (mandating criminal appellate proceedings in the circuit court must be in accordance with the South Carolina Rules of Civil Procedure); Rule 41(b), SCRCP ("For failure of the plaintiff to prosecute or to comply with [the South Carolina Rules of Civil Procedure] or any order of court, a defendant may move for dismissal of an action or of any claim 2016Code Ann. § 18-3-10 (2014) ("Every person convicted before a magistrate of any offense whatever and sentenced may appeal from the sentence to the Court of Common Pleas for the county."); State v. Oxner, 391 S.C. 132, 134 , 705 S.E.2d 51, 51-52 (2011) (mandating criminal appellate proceedings in the circuit court must be in accordance with the South Carolina Rules of Civil Procedure); Rule 41(b), SCRCP ("For failure of the plaintiff to prosecute or to comply with [the South Carolina Rules of Civil Procedure] or any order of court, a defendant may move for dismissal of an action or of any claim	1	1
State v. Portergreen scctapp · 2010 · cited in 1 South Carolina opinions naming this issue, 2016–2016 2 sentences 2016Code Ann. § 18-3-10 (2014) ("Every person convicted before a magistrate of any offense whatever and sentenced may appeal from the sentence to the Court of Common Pleas for the county."); State v. Oxner, 391 S.C. 132, 134 , 705 S.E.2d 51, 51-52 (2011) (mandating criminal appellate proceedings in the circuit court must be in accordance with the South Carolina Rules of Civil Procedure); Rule 41(b), SCRCP ("For failure of the plaintiff to prosecute or to comply with [the South Carolina Rules of Civil Procedure] or any order of court, a defendant may move for dismissal of an action or of any claim 2016Code Ann. § 18-3-10 (2014) ("Every person convicted before a magistrate of any offense whatever and sentenced may appeal from the sentence to the Court of Common Pleas for the county."); State v. Oxner, 391 S.C. 132, 134 , 705 S.E.2d 51, 51-52 (2011) (mandating criminal appellate proceedings in the circuit court must be in accordance with the South Carolina Rules of Civil Procedure); Rule 41(b), SCRCP ("For failure of the plaintiff to prosecute or to comply with [the South Carolina Rules of Civil Procedure] or any order of court, a defendant may move for dismissal of an action or of any claim	1	1
State v. Sosebeegreen sc · 1985 · cited in 1 South Carolina opinions naming this issue, 2016–2016 2 sentences 2016Code Ann. § 18-3-10 (2014) ("Every person convicted before a magistrate of any offense whatever and sentenced may appeal from the sentence to the Court of Common Pleas for the county."); State v. Oxner, 391 S.C. 132, 134 , 705 S.E.2d 51, 51-52 (2011) (mandating criminal appellate proceedings in the circuit court must be in accordance with the South Carolina Rules of Civil Procedure); Rule 41(b), SCRCP ("For failure of the plaintiff to prosecute or to comply with [the South Carolina Rules of Civil Procedure] or any order of court, a defendant may move for dismissal of an action or of any claim 2016Code Ann. § 18-3-10 (2014) ("Every person convicted before a magistrate of any offense whatever and sentenced may appeal from the sentence to the Court of Common Pleas for the county."); State v. Oxner, 391 S.C. 132, 134 , 705 S.E.2d 51, 51-52 (2011) (mandating criminal appellate proceedings in the circuit court must be in accordance with the South Carolina Rules of Civil Procedure); Rule 41(b), SCRCP ("For failure of the plaintiff to prosecute or to comply with [the South Carolina Rules of Civil Procedure] or any order of court, a defendant may move for dismissal of an action or of any claim	1	1
State v. Baileygreen scctapp · 2006 · cited in 1 South Carolina opinions naming this issue, 2016–2016 2 sentences 2016Code Ann. § 18-3-10 (2014) ("Every person convicted before a magistrate of any offense whatever and sentenced may appeal from the sentence to the Court of Common Pleas for the county."); State v. Oxner, 391 S.C. 132, 134 , 705 S.E.2d 51, 51-52 (2011) (mandating criminal appellate proceedings in the circuit court must be in accordance with the South Carolina Rules of Civil Procedure); Rule 41(b), SCRCP ("For failure of the plaintiff to prosecute or to comply with [the South Carolina Rules of Civil Procedure] or any order of court, a defendant may move for dismissal of an action or of any claim 2016Code Ann. § 18-3-10 (2014) ("Every person convicted before a magistrate of any offense whatever and sentenced may appeal from the sentence to the Court of Common Pleas for the county."); State v. Oxner, 391 S.C. 132, 134 , 705 S.E.2d 51, 51-52 (2011) (mandating criminal appellate proceedings in the circuit court must be in accordance with the South Carolina Rules of Civil Procedure); Rule 41(b), SCRCP ("For failure of the plaintiff to prosecute or to comply with [the South Carolina Rules of Civil Procedure] or any order of court, a defendant may move for dismissal of an action or of any claim	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (2)

Case	Cited	Years
In Re the Care & Treatment of Matthews green sc · 2001 1 sentence 2011Id. [12] Rule 41 provides in relevant part, "For failure of the plaintiff to prosecute or to comply with these rules or any order of court, a defendant may move for dismissal of an action or of any claim against him." Rule 41(b), SCRCP. [13] S.C.Code Ann. § 44-48-100(A) (Supp.2009). [14] We note that delays similar to the instant case may not be as prolific in the future given the Legislature amended the SVPA in 2010 to impose time limits for the completion of a court-appointed examiner's evaluation and to expand the length of time in which a circuit court must conduct a civil commitment trial	1	2011–2011
Crestwood Golf Club, Inc. v. Potter green sc · 1997 2 sentences 2006Our supreme court, in Crestwood Golf Club, Inc. v. Potter, 328 S.C. 201 , 493 S.E.2d 826 (1997), enlightened that Rule 41 additionally provides for dismissal of counterclaims, cross-claims, and third-party claims for failure to prosecute. 2006Our supreme court, in Crestwood Golf Club, Inc. v. Potter, 328 S.C. 201 , 493 S.E.2d 826 (1997), enlightened that Rule 41 additionally provides for dismissal of counterclaims, cross-claims, and third-party claims for failure to prosecute.	1	2006–2006

Where else courts name it

AL 9 (1992–2015) MS 8 (1999–2025) NJ 8 (2012–2026) ID 6 (1962–1989) DC 6 (1968–2016) KY 6 (2009–2026) SC 6 (2006–2023) FL 6 (1971–2021) MT 5 (1978–1988) MI 4 (1978–1986) GA 4 (2011–2021) TN 3 (1982–2016) OR 3 (1989–2021) MO 3 (1956–1979) WA 3 (1986–2019) NM 2 (2007–2014) ND 2 (1985–2010) NC 2 (1982–1992) KS 2 (1976–1988) HI 2 (2009–2020) SD 2 (1986–1999) AK 2 (2002–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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