Tag Archives: South Carolina

Briefs on Appeal: Where’s the Theme?

I recently read almost 10 pages of an appellate brief before learning what the appeal was about. Even then, I did not know why the author thought his client should win.

It took me a little longer to realize that the problem was the brief’s lack of a theme. There was no underlying focus or theory of the case that came through, at least not clearly. Continue reading

Withdrawn 59 Motion Tolls Time to Appeal

Judges of the SC Court of Appeals

Judges of the SC Court of Appeals

Say your client lost on summary judgment and you moved to reconsider. You know that the motion is a long shot, and now want to withdraw it so that you may go ahead and appeal. But you are concerned that withdrawing the motion means that you lose the motion’s normal tolling effect on the time to appeal. Do you? Continue reading

Taxing Costs on SC Appeal – When to Move, What to Request

17740423.cmsToday, April 15th, is of course tax day. This prompted thoughts about an experience I had when an opposing counsel moved to tax costs after a single Court of Appeals’ judge denied my motion to dismiss an appeal.

What? I planned to pursue the motion to dismiss with the full panel. What happened if I ultimately won? Would that wipe out an award of costs? Continue reading