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
This month, the South Carolina Supreme Court held that a judgment entered on an accepted Rule 68 offer is unappealable. Continue reading
Chief Judge Kozinski of the Ninth Circuit Court of Appeals once carefully explained to lawyers how to lose an appeal. His 1992 lecture, The Wrong Stuff, stressed three phases: 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
l am privileged to help defend a multimillion-dollar judgment against an appeal. When my friends who tried the case asked for help, I first looked to see what issues were in play. In South Carolina, that means locating those issues that were raised and ruled on in the trial court. So I worked through opposing counsel’s lengthy post-trial motion and the order denying it.
So far so good. But then the opening brief came in. Smack in the middle of it was a brand new attack on the judgment. Surprised, I went to double-check the post-trial motion, thinking the issue was buried in there somewhere, but then I saw that the opening brief described the point as an “additional sustaining ground.” And I smiled, confident that the issue will not be heard. Continue reading