Archive for the ‘Appellate Procedure’ Category

August 26th, 2015

Email is “written notice” under Rule 203(b)(1), SCACR

by Kathleen Barnes in Appellate Procedure, Practice Pointers

On August 26, 2015, the Court of Appeals issued an Order finding that an email with an attached copy of the filed order triggered the thirty-day time period to serve a notice of appeal under Rule 203(b)(1), SCACR. Wells Fargo Bank, N.A. v. Fallon Props. S.C., LLC, Order No. 2015-08-26-01.  Rule 203(b)(1) requires an appellant […]

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August 14th, 2015

Appealability Step One: What is the Effect of this Order?

One of the first things an appellate court looks for when considering an appeal is whether the issues raised are appealable.  If an issue is not appealable, the court does not have jurisdiction to hear the case.  How do you determine is an issue is appealable?  Section 14-3-330 of the South Carolina Code governs the […]

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April 6th, 2015

Settlement on Appeal

Settling a case on appeal may involve any one of numerous filings with the court, depending on the stage of the appeal.  This post discusses the most common filings. Abeyance The parties may file a motion to hold an appeal in abeyance while negotiating and finalizing a settlement.  An abeyance stays the appeal rather than […]

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December 30th, 2014

Privacy in South Carolina’s Trial and Appellate Courts Duty to Redact Personal Identifying Information from Court Filings

by Kathleen Barnes in Appellate Procedure, Brief Writing

Big data. We hear that term almost every day and regularly read about data breaches and the resulting dangers of identity theft. As our state court system is placing more filed court documents online via the Appellate Case Management System, attorneys contribute to the generation of big data. As a result, the Supreme Court issued […]

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