An earlier post explained that the party taking the appeal is responsible to make sure that the Record on Appeal is complete. The appellate courts will likely affirm the lower court ruling if the Appellant does not give the appellate courts an adequate record to review. Beverly S. v. Kayla R., 395 S.C. 399, 718 S.E.2d 224 (Ct.App. 2011).
This post covers how to prepare the Record. The next one discusses what the Record may and may not include. Continue reading
This post finishes up the discussion on standards of review — how much deference the appellate courts pay to the rulings being appealed. Earlier posts discussed de novo
The posts on standards of review have covered the difference between questions of law and issues of fact, and between actions that are tried at law and in equity. This post explains the standards of review for certain pre-trial and trial rulings. Continue reading
This post and the next three explore the South Carolina appellate courts
This week, the Supreme Court held that an order requiring a plaintiff to substitute and replace the defendant sued with other defendants is immediately appealable. The Court concluded that such an order affects a plaintiff’s right to choose her defendant and effectively discontinues the action against the defendant ordered out of the case. The order is thus appealable under S.C. Code Ann.