Almost all post-2007 notices of appeal in South Carolina workers compensation cases are defective. I know, I know, it is a bold statement. But the workers comp statute says what it says, and it says, “Notice of Appeal must state the grounds of the appeal or the alleged errors of law.” S.C. Code Ann.
The South Carolina Court of Appeals this month reaffirmed that the time to serve a notice of appeal does not begin to run until written notice of the order’s entry. It does not matter when a judge signs the order, or when a party gets notice that the judge signed the order, because the order is not effective until the clerk of court later enters it. Portee v. Always Precise Protection Agency, Op. No. 2012-UP-649 (S.C.Ct. App. filed Dec. 5, 2012).
This post covers the difference between timely serving the Notice of Appeal and timely filing it. Timely service is mandatory; timely filing is not. If the Notice is not timely filed, the appeal shall be dismissed but may be reinstated for good cause shown. Rule 203(d)(3), SCACR. The Court may also grant an extension of time to file the Notice because the prohibition against granting an extension applies only to serving the Notice and not filing it. Rule 263(b), SCACR. Continue reading
The last post
The last post
The last two posts covered when the time to file and serve a Notice of Appeal is triggered. This post and the next two cover when the 30-day time to appeal is tolled.
Rule 203(b)(1), SCACR, provides in part, “When a form or other short order or judgment indicates that a more final order or judgment is to follow, a party need not appeal until receipt of written notice of entry of the more complete order or judgment.”
The Supreme Court and Court of Appeals has offered somewhat mixed signals on when this type tolling applies. Continue reading