A post earlier this month discussed that an issue must be raised in the trial court with specificity to later raise it on appeal. This issue recently fractured the Court. Continue reading
These posts have covered the hoops that an appealing party must jump through to make sure that a South Carolina appellate court will hear your issue on appeal. Earlier posts focused on the need to raise an issue in the trial court and when and how to raise it. This one focuses on the need to get a trial court ruling on the issue raised. Continue reading
This series of posts began by observing that an appeal begins with the pleadings. A recent decision drives the point home. Continue reading
Last Friday’s post suggested that an appeal begins with the trial court pleadings because claims and defenses outside the pleadings are not normally considered on appeal. This is only one of many “error preservation” rules. While exceptions exist (surprise), such rules are preliminary hurdles that one must jump before an appellate court will consider an issue.
For civil appeals, there are seven hurdles: Continue reading