The South Carolina of Appeals yesterday confirmed that it does not ordinarily consider facts that are stated only by counsel. The case is Branch Banking and Trust Co. v. Graphic Express, LLC, No. 2014-UP-278 (S.C. Ct. App. filed June 30, 2014). Continue reading
South Carolina courts treat Rule 59(e), SCRCP, motions to alter or amend a judgment as a tool to preserve claimed errors for appeal. Whether you may make the motion, and when you must, may be confusing. Here is a flow chart of questions to ask.
Yesterday, the South Carolina Supreme Court reaffirmed its long-standing rule that parties cannot raise new issues in an appeal. The case is Johnson v. Lloyd, Op. No. 27383 (S.C. Sup.Ct. filed April 23, 2014). Continue reading
South Carolina appeals generally oust a trial judge’s jurisdiction. This makes sense if the appeal is from a final judgment because there is little left for the trial judge to do. But even then the trial court still has a say on when the judgment becomes enforceable, and retains an even greater say when the appeal is interlocutory.
Last Wednesday, the South Carolina Court of Appeals ruled that you generally can’t appeal or seek to alter and amend an order entered against your co-defendants. You are not “aggrieved” by the orders. Gathers v. Wright, Op. No. 2014-UP-124 (S.C. Ct.App. filed March 19, 2014).