Tag Archives: error preservation

Additional Sustaining Grounds on Appeal: Only Winners Need Apply

l am privileged to help defend a multimillion-dollar judgment against an appeal. When my friends who tried the case asked for help, I first looked to see what issues were in play. In South Carolina, that means locating those issues that were raised and ruled on in the trial court. So I worked through opposing counsel’s lengthy post-trial motion and the order denying it.

scratching headSo far so good. But then the opening brief came in. Smack in the middle of it was a brand new attack on the judgment. Surprised, I went to double-check the post-trial motion, thinking the issue was buried in there somewhere, but then I saw that the opening brief described the point as an “additional sustaining ground.” And I smiled, confident that the issue will not be heard. Continue reading

SC Time Limits Not Jurisdictional

In South Carolina, parties cannot waive a lack of subject matter jurisdiction and may attack jurisdiction for the first time on appeal. See, e.g., Badeaux v. Davis337 S.C. 195, 522 S.E.2d 835 (Ct.App. 1999). An earlier post, however, noted that such attacks are growing rarer.

Last month, the South Carolina Supreme Court further narrowed these attacks when it rebuffed a challenge to a circuit court’s ability to hear medical malpractice cases. Ross v. Waccamaw Community Hospital, 404 S.C. 56, 744 S.E.2d 547 (2013). Continue reading