Appellate Procedure

Appellate Procedure

March 31st, 2025

Supreme Court holds Husband’s successive but timely Rule 59(e) motion stayed Wife’s time to appeal

The March 12, 2025, Supreme Court opinion in Swing v. Swing, 445 S.C. 340, 914 S.E.2d 158 (2025), reinstated an appeal that the Court of Appeals had dismissed as untimely. The Swings were divorced as part of a June 8, 2021, Final Order. Wife filed a timely motion to alter or amend, pursuant to Rule […]

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Appellate Procedure

November 23rd, 2022

Supreme Court remands for new custody trial based on stale record

On November 23, 2022, the South Carolina Supreme Court partially granted a writ of certiorari, and remanded the case of Rossington v. Rossington, 438 S.C. 63,  882 S.E.2d 170 (2022), for a new trial de novo due to a stale record.  In doing so it noted: This action was commenced in 2017. The matter of […]

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Appellate Procedure

November 20th, 2019

Unpublished Supreme Court opinion in <i>Conits</i> demonstrates the effect of <i>de novo</i> standard of review

Last week I blogged about how the Supreme Court’s decisions in Lewis and Stoney–mandating a de novo standard of appellate review of family court factual findings–was making it more worthwhile to appeal family court orders. I noted last month’s oral argument in Conits v. Conits as an example of how this less deferential standard of […]

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Appellate Procedure

April 4th, 2019

Supreme Court holds order establishing common-law marriage is immediately appealable

The April 3, 2019 Supreme Court opinion in Stone v. Thompson, 426 S.C. 291, 826 S.E.2d 868 (2019), addresses the appealability of final orders from bifurcated proceedings for marital dissolution when a common-law marriage is alleged. Stone filed an action in the family court to establish a common-law marriage and for equitable distribution of marital […]

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Appellate Procedure

April 18th, 2018

Supreme Court clarifies standard of review on family court appeals (and the <i>Stoney</i> appeal may never end)

On April 18, 2018, almost four months after the South Carolina Supreme Court remanded the appeal of Stoney v. Stoney back to the Court of Appeals to apply the correct standard of review, the Supreme Court issued a revised opinion clarifying that standard of review. The revised opinion, Stoney v. Stoney, 422 S.C. 593, 813 S.E.2d […]

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Appellate Procedure

February 28th, 2018

Supreme Court clarifies when email notice is proper notice

In 2015, when the Court of Appeals, 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 due to untimely service of the notice of appeal where appellant had received written notice of the entry of the order via email, […]

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