Category Archives: Notice of Appeal

Withdrawn 59 Motion Tolls Time to Appeal

Judges of the SC Court of Appeals

Judges of the SC Court of Appeals

Say your client lost on summary judgment and you moved to reconsider. You know that the motion is a long shot, and now want to withdraw it so that you may go ahead and appeal. But you are concerned that withdrawing the motion means that you lose the motion’s normal tolling effect on the time to appeal. Do you? Continue reading

SC Workers Comp: What Must the Notice of Appeal Say?

Almost all post-2007 notices of appeal in South Carolina workers compensation cases are defective. I know, I know, it is a bold statement. But the workers comp statute says what it says, and it says, “Notice of Appeal must state the grounds of the appeal or the alleged errors of law.” S.C. Code Ann. § 42-17-60. Hardly any do.

To understand why, a brief look at the workers comp statute and the Administrative Procedures Act is helpful. Continue reading