Law Office of Robert Hill http://attorneyroberthill-blog.com South Carolina Appeals - Tips and News Sun, 13 Apr 2014 09:29:51 +0000 en-US hourly 1 http://wordpress.org/?v=3.9 When Do Binding Cases Begin to Bind? http://attorneyroberthill-blog.com/prospective-vs-retrospective-decisions/ http://attorneyroberthill-blog.com/prospective-vs-retrospective-decisions/#comments Fri, 11 Apr 2014 20:30:00 +0000 http://attorneyroberthill-blog.com/?p=5124 The South Carolina Supreme Court recently clarified when its decisions apply to all similar circumstances or only those that arise after the decision is rendered. In civil cases, decisions are presumptively retroactive. For the decision to apply prospectively only, it must create new substantive rights or impose new liabilities. Lord v. D & J Enterprises, […]

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What May Trial Judges Do After an Appeal? http://attorneyroberthill-blog.com/trial-court-jurisdiction-after-appeal/ http://attorneyroberthill-blog.com/trial-court-jurisdiction-after-appeal/#comments Tue, 01 Apr 2014 19:55:05 +0000 http://attorneyroberthill-blog.com/?p=5094 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.    […]

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In SC, Only the Aggrieved Can Appeal http://attorneyroberthill-blog.com/only-aggrieved-parties-may-appeal/ http://attorneyroberthill-blog.com/only-aggrieved-parties-may-appeal/#comments Fri, 21 Mar 2014 12:50:50 +0000 http://attorneyroberthill-blog.com/?p=5071 Last Wednesday, the South Carolina Court of Appeals ruled that you generally can’t appeal or seek to alter and amend an order entered against your co-defendants. You are not “aggrieved” by the orders. Gathers v. Wright, Op. No. 2014-UP-124 (S.C. Ct.App. filed March 19, 2014). In Gathers, Gathers filed a quiet-title action against McKnight and over a dozen members of […]

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5 Quirks in Deadlines for SC Appeals http://attorneyroberthill-blog.com/calculating-deadlines-sc-appeals/ http://attorneyroberthill-blog.com/calculating-deadlines-sc-appeals/#comments Tue, 18 Mar 2014 12:45:03 +0000 http://attorneyroberthill-blog.com/?p=5046 Twenty-three years ago this month, I started work on my first cert petition to the US Supreme Court. I worked hard at it, was proud of it, and got it out a day late. I had looked at the blocks of days on the calendar wrong and miscounted by one day. A docket clerk at the […]

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Sua Sponte Orders Are a Trap for Appeals http://attorneyroberthill-blog.com/appeal-sua-sponte-orders/ http://attorneyroberthill-blog.com/appeal-sua-sponte-orders/#comments Fri, 14 Mar 2014 15:45:27 +0000 http://attorneyroberthill-blog.com/?p=5030 South Carolina appellate courts lack plain error review. To appeal an issue, the issue must generally first be raised and ruled on in the trial court. If an issue was raised but not ruled on, a party who wants to appeal must timely make a Rule 59(e) motion and ask for a ruling. So what happens if the converse […]

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