A friend recently asked whether a Notice of Appeal that only designates an order denying reconsideration also appeals the underlying order. I got queasy without knowing why. Then I remembered my personal experience with this from the early 1990s. Continue reading
Earlier posts here and here cautioned that factual statements by lawyers are not evidence and will not be considered on appeal. But there may be an exception.
Parties may petition the Appellate Panel of the South Carolina Workers’ Compensation Commission to rehear its decisions. The case is Rhame v. Charleston County School Dist., Op. No. 27516 (S.C. Sup.Ct. April 22, 2015). Continue reading
When is a South Carolina appeal filed? Is it when the notice of appeal is sent, received, or something in between? For appeals to the South Carolina Court of Appeals and Supreme Court, the notice of appeal is filed when it is dropped in the mail. Rule 262, SCACR. But other appeals are handled differently. I once learned this the hard way. Continue reading
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