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
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
The South Carolina Court of Appeals clarified yesterday that respondents may raise on appeal issues that they lost on summary judgment. This does not violate the rule against appealing orders denying summary judgment. Continue reading