When is a South Carolina appeal filed? Is it when the notice of appeal is sent, received, or something in between? For appeals to the South Carolina Court of Appeals and Supreme Court, the notice of appeal is filed when it is dropped in the mail. Rule 262, SCACR. But other appeals are handled differently. I once learned this the hard way. Continue reading
The South Carolina Court of Appeals recently agreed with me that a record on appeal was insufficient for the Court to tell whether an issue argued on appeal was preserved. The case is 21st Mortgage Corp. v. Youmans, Op. No. 2015-UP-112 (S.C. Ct. App. filed March 4, 2015). Continue reading
Parties in South Carolina often raise appellate issues that they failed to preserve in the trial court. Until last month, four error-preservation violations were the most I had seen discussed in a single case. Then came State v. Ortho-McNeil-Janssen Pharmaceuticals, Op. No. 27502 (S.C. Sup.Ct. filed February 25, 2015)(Shearouse Ad.Sh. 8). In Janssen, the Supreme Court discussed nine error-preservation violations and footnoted even more. Continue reading
The South Carolina Supreme Court is now streaming its oral arguments. The Court’s upcoming roster is available here. You may view the oral arguments live or watch past arguments.
Links to oral arguments in other state courts are available here, and audio from the United States Supreme Court and many of the federal circuit courts is available here.
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Does a petition for the South Carolina Workers’ Compensation Appellate Panel to reconsider its decision toll the time to further appeal? The state Supreme Court will decide on its review of Rhame v. Charleston County School District, 399 S.C. 477, 732 S.E.2d 202 (Ct.App. 2012). Continue reading