Archive for the ‘Appellate Procedure’ Category

Court of Appeals says email notice is notice

In an order designed to terrify civil, domestic and appellate lawyers, the South Carolina Court of Appeals, in an August 26, 2015 order in the case of Wells Fargo Bank, N.A. v. Fallon Properties, SC, LLC, 413 S.C. 642, 776 S.E.2d 575 (Ct. App. 2015), dismissed an appeal as untimely because it determined that the […]

The joy of supersedeas

A much younger family law colleague of mine texted me earlier this week, informing me that she was successful in her first attempt at supersedeas. After a testimonial hearing on a placement plan for a child in DSS custody, the family court judge ordered that the child her foster-parent clients had been raising almost since […]

Supreme Court issues order regarding procedure for approval of settlements after appeal

Cases can settle at any time.  While most cases settle before trial, nothing prevents litigants from negotiating after a case is appealed.  I’ve had a couple of cases settle after an appeal is filed.  So long as the ultimate result is uncertain–i.e., remittitur hasn’t issued–both parties have some incentive to reach an agreement.  A procedural […]