The South Carolina Supreme Court recently clarified when its decisions apply to all similar circumstances or only those that arise after the decision is rendered. In civil cases, decisions are presumptively retroactive. For the decision to apply prospectively only, it must create new substantive rights or impose new liabilities. Lord v. D & J Enterprises, Inc., Op. No. 27376 (S.C. Sup.Ct. filed April 9, 2014). Continue reading
The South Carolina Court of Appeals clarified yesterday that respondents may raise on appeal issues that they lost on summary judgment. This does not violate the rule against appealing orders denying summary judgment. Continue reading
In South Carolina, parties cannot waive a lack of subject matter jurisdiction and may attack jurisdiction for the first time on appeal. See, e.g., Badeaux v. Davis, 337 S.C. 195, 522 S.E.2d 835 (Ct.App. 1999). An earlier post, however, noted that such attacks are growing rarer.
Last month, the South Carolina Supreme Court further narrowed these attacks when it rebuffed a challenge to a circuit court’s ability to hear medical malpractice cases. Ross v. Waccamaw Community Hospital, 404 S.C. 56, 744 S.E.2d 547 (2013). Continue reading
The South Carolina Supreme Court recently clarified how to get trial-court approval of a settlement while the case is on appeal. It may have also created a Catch-22. Continue reading
The South Carolina Supreme Court recently reaffirmed that an appeal begins long before a party files the notice of appeal. Continue reading
In South Carolina, those who may have a substantial interest in a local zoning board’s decision may appeal the decision without first raising their objections to the board. Continue reading