The South Carolina Court of Appeals recently reaffirmed that a trial court order is not effective until the clerk of court enters it. The case is West v. Luck Ave. Properties, Op. No. 2014-UP-415 (S.C. Ct.App. filed Nov. 26, 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