Category Archives: Noteworthy Cases

SC Time Limits Not Jurisdictional

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. Davis337 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

SC Allows Amici to Raise New Issues

The South Carolina Supreme Court recently allowed amici to raise new issues on appeal.

In State v. Langford, 400 S.C. 421, 735 S.E.2d 471 (2012), the Court considered whether the solicitor’s statutory right to control the circuit court’s criminal docket violates the circuit court’s power to order its business. The Court held that the statute was unconstitutional, but had to first confront its ability to rule because the issue was raised only in an amicus curiae brief. Continue reading