Say your opposing counsel uncovered a South Carolina Supreme Court decision that just kills your case. You tried to distinguish it and use other techniques to deal with it, but the case is there. The trial court relied on it to toss your case, and the Court of Appeals will likely agree that the precedent controls.
So what do you do? Continue reading
What happens when a client hires you only as trial counsel and then wants to appeal or needs to defend an appeal? May you simply remind the client about your limited representation and send him or her away? Continue reading
South Carolina statutes granting attorney fees include fees for work on appeal and after a remand. And after remand, the trial court may grant statutory appellate fees even if the appellate court earlier denied a Rule 222, SCACR, motion for the standard appellate fee. Continue reading
Ever had opposing counsel tie you up on appeal with endless extensions after extensions? I once got tied up on an appeal taken before a final judgment where the appellant’s counsel got four extensions of time to file the opening brief. Over a year and a half passed before he filed the first brief. The case settled shortly after we responded. Continue reading
The South Carolina Supreme Court recently issued two decisions clarifying when a final judgment is final enough to appeal. Continue reading
Last Friday’s post noted that the South Carolina Supreme Court may review trial-court orders on certiorari even if the order is not appealable before final judgment. This post describes how this works. Continue reading
The South Carolina Court of Appeals reaffirmed that discovery orders are not appealable. Johnson v. Chaudhry, M.D., Op.No. 2013-UP-176 (S.C. Ct.App. filed May 1, 2013). Continue reading