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Robert Hill
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Appellate Attorney
Appellate Attorney

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I recently moved the South Carolina Court of Appeals to dismiss an appeal from an order that set aside a consent judgment. I had a case from the Court dead on point, so I foresaw clear sailing. Opposing counsel then twisted my plot.     
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Denial of Summary Judgment: Ever Appealable?

Imagine you and your opposing counsel can stipulate to the facts in your case. You also agree that you win if the law is this and lose if the law is that. Both of you cross move for summary judgment. In a single order, the trial judge rules that your…
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Tolling Time for SC Appeals - Rules 59(e) vs 59(g)

In South Carolina, a timely motion to reconsider a judgment postpones the time to appeal the judgment. An untimely one does not. So exactly what must you do to delay the appeal?    
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Perils for SC Pro Se Appellants

Lay persons may represent themselves in the South Carolina Court of Appeals. But they will be held to the same standards that apply to attorneys. So pro se appellants face the same error-preservation and procedural rules that have tripped up many…
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SC Appellate Blunders for June 2016

Last month the South Carolina Court of Appeals issued over a dozen decisions on how you may lose an appeal without getting to the merits. This ranged from appealing unappealable orders, to raising issues that were not preserved at trial or that…
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This updates an earlier post on when South Carolina notices of appeal are filed. Notices of Appeals to the South Carolina Court of Appeals and Supreme Court are filed when the notice is dropped in the mail. Rule 262, SCACR. Appeals from a probate court to…
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Email Triggers Time for SC Appeal

The South Carolina Court of Appeals recently ruled that email notice triggers the time to appeal from the court of common pleas. See Wells Fargo Bank, N.A. v. Fallon Properties, South Carolina, LLC, Case # 2015-000157 (S.C. Ct.App. filed Aug. 26,…
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3 Ways to Lose a SC Appeal

The South Carolina Court of Appeals recently ruled that my opposing counsel had raised unpreserved claims of error. The cases are Johnson v. Sam English Grading, Inc., Op. No. 5315 (S.C. Ct.App. filed May 6, 2015) and Tucker v. Doe, Op. No. 5338 (S.C.…
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Designating the Order On Appeal

A friend recently asked whether a Notice of Appeal that only designates an order denying reconsideration also appeals the underlying order. I got queasy without knowing why. Then I remembered my personal experience with this from the early 1990s.
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