South Carolina appeals generally oust a trial judge’s jurisdiction. This makes sense if the appeal is from a final judgment because there is little left for the trial judge to do. But even then the trial court still has a say on when the judgment becomes enforceable, and retains an even greater say when the appeal is interlocutory.
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. § 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
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The decision is unfortunately unpublished, thus limiting its value as precedent. For a discussion on unpublished orders, please see this post. Earlier posts here and here also further discuss the South Carolina trigger on the time to appeal.
Has anyone else used the gap between an order’s signing and its later entry in taking an appeal? Please leave a reply or reach me at www.attorneyroberthill.com.
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