Lay persons may represent themselves in the South Carolina Court of Appeals. But they will be held to the same standards that apply to attorneys. So pro se appellants face the same error-preservation and procedural rules that have tripped up many attorneys. Continue reading
The South Carolina Court of Appeals recently ruled that my opposing counsel had raised unpreserved claims of error. The cases are Johnson v. Sam English Grading, Inc., Op. No. 5315 (S.C. Ct.App. filed May 6, 2015) and Tucker v. Doe, Op. No. 5338 (S.C. Ct.App. filed August 5, 2005). Together, the cases center on three rules. Continue reading
The South Carolina of Appeals yesterday confirmed that it does not ordinarily consider facts that are stated only by counsel. The case is Branch Banking and Trust Co. v. Graphic Express, LLC, No. 2014-UP-278 (S.C. Ct. App. filed June 30, 2014). Continue reading
Parties who appeal a summary-judgment order do not need to include in the Record on Appeal the transcript of the trial-court hearing on the motion. Continue reading
“Common Mistakes in Appellate Practice and How to Avoid Them” — a talk by Attorney Mark Fulks — highlights seven mistakes that he often sees in appellate practice. The audio is here:
The mistake that hit home with me is drafting a brief without reviewing the transcript or citing the record. Continue reading
The South Carolina Court of Appeals today reaffirmed three familiar principles of error preservation:
- an issue must be clearly raised in the trial court to raise it on appeal
- an issue is abandoned if not supported by authority
- an issue may not be raised for the first time in an appellate reply brief.
The decision is Rivera v. Newton, 401 S.C. 402, 737 S.E.2d 193 (2012).
Has anyone caught opposing counsel in similar errors? Please let us hear from you. You may reach me through the comment box or at www.attorneyroberthill.com.