The South Carolina Supreme Court clarified yesterday that appealing a family court’s temporary order does not stay the effect or enforcement of that order. Justice Kittredge authored the opinion.
For background, the Court in 1982 suggested that parties may appeal from a family court’s temporary order and that such appeals would be held in abeyance until the entry of a final order. Neville v. Neville, 278 S.C. 411, 297 S.E.2d 423 (1982). The Court held yesterday that such appeals do not, by themselves, stay the appealed order. For a stay, the party must get a supersedeas or a common law writ of certiorari.
To preserve any error for appeal, parties must also challenge the perceived error in the family court’s temporary order on the record at the final hearing’s commencement. An appeal is then from the final judgment rather than the temporary order.
Has anyone employed the South Carolina supersedeas rules effectively? Please let use hear from you. You may reach me through the comment box or at www.attorneyroberthill.com.