Archive for the ‘Appellate Procedure’ Category

Someone didn’t get the memo

As part of the February 7, 2018 Shearouse advance sheet, the Supreme Court asked the South Carolina General Assembly to approve a change to the rules of appellate procedure. One of the proposed changes would add a “Standard of Review” section to appellate briefs: (D) Standard of Review. If all the issues are governed by […]

Supreme Court “clarifies” standard of review for family court appeals

The December 20, 2017 Supreme Court opinion in Stoney v. Stoney grants both parties’ petitions for a writ of certiorari, dispenses with further briefing, reverses the Court of Appeals opinion in Stoney v. Stoney, 417 S.C. 345, 790 S.E.2d 31 (Ct. App. 2016) (an opinion that took the Court of Appeals twenty months after oral […]

Supreme Court finds valuation of Greek farm preserved for appeal–remands issue to Court of Appeals

The November 15, 2017 Supreme Court opinion in Conits v. Conits granted Husband’s petition for a writ of certiorari, dispensed with further briefing, and reversed the Court of Appeals opinion in Conits v. Conits, 417 S.C. 127, 789 S.E.2d 51 (Ct.App. 2016). It remanded back to the Court of Appeals one issue on Husband’s appeal: the […]

In praise of the additional sustaining ground

The Supreme Court opinion of Walker v. Brooks, 414 S.C. 343, 778 S.E.2d 477 (2015) was unique for my appellate experience in a number of disappointing ways. While I have lost a number of appeals, this was the first time I have lost when representing the respondent (it is much harder to lose when one […]

Court of Appeals holds order from bifurcated trial finding common law marriage is not immediately appealable

The issue of what family court orders are immediately appealable can be confusing.  Sometimes final orders need to be appealed immediately, even if that order does not end the case. For example, orders from contempt actions need to be appealed immediately even if the case is ongoing. Arnal v. Arnal, 363 S.C. 268, 609 S.E.2d 821, […]

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 […]

 

Put Mr. Forman’s experience, knowledge, and dedication to your service for any of your South Carolina family law needs.

Contact Mr. Forman