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
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