March 31st, 2025
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 […]
Read MoreNovember 23rd, 2022
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 […]
Read MoreNovember 20th, 2019
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 […]
Read MoreApril 4th, 2019
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 […]
Read MoreApril 18th, 2018
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 […]
Read MoreFebruary 28th, 2018
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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