Category Archives: Raised and Ruled On

SC Risperdal Case is a Trove of Unperserved Appellate Issues

Parties in South Carolina often raise appellate issues that they failed to preserve in the trial court. Until last month, four error-preservation violations were the most I had seen discussed in a single case. Then came State v. Ortho-McNeil-Janssen Pharmaceuticals, Op. No. 27502 (S.C. Sup.Ct. filed February 25, 2015)(Shearouse  Ad.Sh. 8). In Janssen, the Supreme Court discussed nine error-preservation violations and footnoted even more. Continue reading

Sua Sponte Orders Are a Trap for Appeals

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 is true? Say a trial judge rules on an issue that was never raised. Must you make a Rule 59(e) motion when the trial court rules sua sponte?  Continue reading