Posts Tagged ‘Appellate Procedure’

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

The April 3, 2019 Supreme Court opinion in Stone v. Thompson 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 property. The family court bifurcated the proceedings […]

Supreme Court clarifies standard of review on family court appeals (and the Stoney 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 […]

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, […]

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

N.B. In April 2018, the South Carolina Supreme Court issued a revised opinion clarifying the standard of review for procedural matters: Supreme Court clarifies standard of review on family court appeals. The December 20, 2017 South Carolina Supreme Court opinion in Stoney v. Stoney, 421 S.C. 528, 809 S.E.2d 59 (2017) grants both parties’ petitions for a writ […]

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 […]

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 […]

 

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