South Carolina appeals generally oust a trial judge’s jurisdiction. This makes sense if the appeal is
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
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.
The South Carolina Court of Appeals this month reaffirmed that the time to serve a notice of appeal does not begin to run until written notice of the order’s entry. It does not matter when a judge signs the order, or when a party gets notice that the judge signed the order, because the order is not effective until the clerk of court later enters it. Portee v. Always Precise Protection Agency, Op. No. 2012-UP-649 (S.C.Ct. App. filed Dec. 5, 2012).
The South Carolina Supreme Court clarified yesterday that appealing a family court’s temporary order does not stay the effect or enforcement of that order. Justice Kittredge authored the opinion. Continue reading