SC Issue Preservation – Tie Goes to the Runner

South Carolina appellate courts hardly ever resolve an issue that appellants raise for the first time on appeal. The issue must almost always have been “raised and ruled on” in the trial court. But what happens when whether the issue was raised is unclear? The Court of Appeals recently gave the appellant the benefit of the doubt. Continue reading “SC Issue Preservation – Tie Goes to the Runner”

SC Appellate Blunders for June 2016

Last month the South Carolina Court of Appeals issued over a dozen decisions on how you may lose an appeal without getting to the merits. This ranged from appealing unappealable orders, to raising issues that were not preserved at trial or that were resolved in a prior appeal, to improperly briefing issues in your appellate brief.  Continue reading “SC Appellate Blunders for June 2016”