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. § 42-17-60. Hardly any do.
To understand why, a brief look at the workers comp statute and the Administrative Procedures Act is helpful. Continue reading “SC Workers Comp: What Must the Notice of Appeal Say?”
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). The decision is unfortunately unpublished, thus limiting its value as precedent. For a discussion on unpublished orders, please see … Continue reading Update on SC Trigger for Notice of Appeal
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 “Notice of Appeal: Service v. Filing”