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Current Status Bill Number:View additional legislative information at the LPITS web site.598 Ratification Number:68 Act Number:55 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990311 Primary Sponsor:Judiciary Committee SJ 11 All Sponsors:Judiciary Committee Drafted Document Number:l:\s-jud\bills\\jud0038.11.doc Date Bill Passed both Bodies:19990519 Governor's Action:S Date of Governor's Action:19990601 Subject:Appellate Court Rules, Courts, Regulations, Administrative procedures, Judges History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 19990702 Act No. A55 ------ 19990601 Signed by Governor ------ 19990526 Ratified R68 House 19990519 Read third time, enrolled for ratification House 19990518 Read second time House 19990512 Committee report: Favorable 25 HJ House 19990318 Introduced, read first time, 25 HJ referred to Committee Senate 19990317 Read third time, sent to House Senate 19990316 Read second time Senate 19990311 Introduced, read first time, placed on Calendar without reference Versions of This Bill Revised on March 11, 1999 - Word format Revised on May 12, 1999 - Word format
(A55, R68, S598)
AN ACT TO AMEND SECTIONS 1-3-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF OFFICERS REMOVED BY THE GOVERNOR; 1-23-390, RELATING TO JUDICIAL REVIEW OF CERTAIN ADMINISTRATIVE PROCEDURES ACT APPEALS; 4-27-320, RELATING TO APPEALS OF CIRCUIT COURT DECISIONS INVOLVING COUNTY BOARD OF ADJUSTMENT CASES; 4-27-630, RELATING TO APPEALS OF CERTAIN COUNTY PLANNING CASES; 6-7-790, RELATING TO APPEALS OF ZONING DECISIONS; 6-29-850, RELATING TO APPEALS OF BOARD OF ZONING APPEALS DECISIONS; 6-29-940, RELATING TO APPEALS OF BOARD OF ARCHITECTURAL REVIEW DECISIONS; 14-11-85, RELATING TO APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY; 17-27-100, RELATING TO JUDICIAL REVIEWS OF POST-CONVICTION RELIEF DECISIONS; 20-7-2220, RELATING TO APPEALS OF FAMILY COURT DECISIONS PERTAINING TO THE COMMITMENT OR CUSTODY OF CHILDREN; 34-29-180, RELATING TO JUDICIAL REVIEW OF CONSUMER FINANCE LAW DECISIONS; 37-6-108, AS AMENDED, RELATING TO REVIEW OF ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS; 37-6-415, RELATING TO JUDICIAL REVIEW OF CONTESTED CASES UNDER THE CONSUMER PROTECTION CODE; 39-37-100, RELATING TO JUDICIAL REVIEW OF CERTAIN DEPARTMENT OF AGRICULTURE DECISIONS; 41-31-630 AND 41-35-750, RELATING TO APPEAL OF CERTAIN EMPLOYMENT SECURITY COMMISSION DECISIONS; 42-17-40, AS AMENDED, RELATING TO APPEAL OF CERTAIN WORKERS' COMPENSATION COMMISSION AWARDS; 44-17-620, RELATING TO APPEALS OF PROBATE COURT ORDERS REGARDING THE COMMITMENT OF MENTALLY ILL PERSONS; 49-19-1080, RELATING TO APPEAL OF DRAINAGE AND WATER RECLAMATION DECISIONS; 57-5-1120, RELATING TO JUDICIAL REVIEW OF DEPARTMENT OF TRANSPORTATION DECISIONS PERTAINING TO PRIVATE DRIVEWAYS AND SIDE-ROAD ENTRANCES; 58-5-360, RELATING TO APPEALS OF PUBLIC SERVICE COMMISSION DECISIONS PERTAINING TO GAS, HEAT, WATER, AND SEWAGE COMPANIES; 58-9-1470, RELATING TO APPEALS OF ORDERS OF THE PUBLIC SERVICE COMMISSION PERTAINING TO TELEPHONE AND TELEGRAPH COMPANIES; 59-25-260, RELATING TO APPEALS OF STATE BOARD OF EDUCATION ORDERS PERTAINING TO TEACHERS; 59-25-480, RELATING TO APPEALS OF SCHOOL DISTRICT BOARD OF TRUSTEES' DECISIONS PERTAINING TO TEACHERS; AND 59-25-830, RELATING TO DECISIONS OF STATE BOARD OF EDUCATION PERTAINING TO DISCRIMINATION AGAINST TEACHERS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE APPEALS OR REVIEWS MUST BE TAKEN INCLUDING AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 1-7-140, RELATING TO ANNUAL REPORTS TO THE GENERAL ASSEMBLY BY THE ATTORNEY GENERAL; 2-13-60, RELATING TO DUTIES OF THE CODE COMMISSIONER; 2-13-80, RELATING TO ANNUAL CUMULATIVE SUPPLEMENTS TO THE SOUTH CAROLINA CODE OF LAWS; 14-1-40, RELATING TO THE DEFINITION OF A CLERK FOR CERTAIN COURT PURPOSES; 14-8-210, RELATING TO REVIEW BY THE SUPREME COURT OF COURT OF APPEALS' DECISIONS; 15-1-60, RELATING TO THE DEFINITION OF A CLERK FOR PURPOSES OF CIVIL REMEDIES AND PROCEDURES; 15-1-260, RELATING TO PAYMENTS OF DEPOSITS IN LIEU OF BONDS; 15-17-550, RELATING TO ARREST AND BAIL APPEAL PROCEEDINGS; 17-4-70, RELATING TO DUTIES OF THE OFFICE OF APPELLATE DEFENSE; 17-15-200, RELATING TO PERSONS TO WHOM A DEPOSIT IN LIEU OF BOND OR RECOGNIZANCE MUST BE PAID; 18-1-20, RELATING TO CERTAIN DEFINITIONS IN REGARD TO CIVIL AND CRIMINAL APPEALS; 18-9-10, AS AMENDED, 18-9-30, 18-9-40, AND 18-9-270, ALL RELATING TO APPEALS TO THE SUPREME COURT; 27-40-800, RELATING TO LANDLORD AND TENANT APPEALS; 38-59-40, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEYS' FEES WHERE AN INSURER HAS REFUSED TO PAY A CLAIM AND APPEALS THEREFROM; 38-63-90, RELATING TO AUTHORIZATION OF ATTORNEYS' FEES WHERE A LIFE INSURER REFUSES TO PAY A CLAIM AND APPEALS THEREFROM; 39-3-190, RELATING TO ENFORCEMENT OF TRUST AND MONOPOLY PROVISIONS BY THE ATTORNEY GENERAL; 42-1-650, RELATING TO LIMITATIONS ON CERTAIN WORKERS' COMPENSATION ACTIONS; 50-5-130, AS AMENDED, RELATING TO PROSECUTION OF FISH, GAME, AND WATERCRAFT VIOLATORS; 59-25-270, RELATING TO REVOCATION OR SUSPENSION OF TEACHERS' CERTIFICATES AND APPEALS THEREFROM; 62-1-308, AS AMENDED, RELATING TO APPEALS FROM THE PROBATE COURT UNDER THE SOUTH CAROLINA PROBATE CODE, SO AS TO INCLUDE REFERENCES THEREIN TO THE COURT OF APPEALS OR TO CLARIFY REFERENCES THEREIN TO THE COURT OF APPEALS OR OTHER COURTS; TO AMEND SECTIONS 1-7-40, RELATING TO APPEARANCES FOR THE STATE IN THE SUPREME COURT BY THE ATTORNEY GENERAL, SO AS TO CLARIFY A REFERENCE THEREIN TO THE SUPREME COURT; 14-1-70, RELATING TO THE LISTING OF THE COURTS OF JUSTICE IN THIS STATE, SO AS TO INCLUDE THE COURT OF APPEALS THEREIN AND DELETE VARIOUS OBSOLETE REFERENCES; 14-8-200, RELATING TO JURISDICTION OF THE COURT OF APPEALS, SO AS TO FURTHER PROVIDE FOR THIS JURISDICTION; 14-8-260, RELATING TO DETERMINATION OF CASES ASSIGNED TO THE COURT OF APPEALS, SO AS TO PROVIDE THAT THE SUPREME COURT SHALL SPECIFY BY RULE WHETHER OR NOT THE NOTICE OF APPEAL SHALL BE FILED INITIALLY WITH THE SUPREME COURT OR COURT OF APPEALS AND TO ESTABLISH PROCEDURES FOR THE FILING OF THESE NOTICES OF APPEAL; 15-51-42, RELATING TO APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO SPECIFY THE PARTICULAR COURTS TO WHICH CERTAIN PETITIONS SHALL BE ADDRESSED; 18-9-150, RELATING TO DEPOSITS OR SURETY WHEN A JUDGMENT REQUIRES DELIVERY OF DOCUMENTS; 18-9-160, RELATING TO STAYING A JUDGMENT TO EXECUTE A CONVEYANCE; 18-9-220, RELATING TO WHEN NOTICE OF APPEAL STAYS LOWER COURT PROCEEDINGS, SO AS TO SPECIFY WHICH APPELLATE COURT IS ENTITLED TO ISSUE CERTAIN ORDERS OR ISSUE BINDING JUDGMENTS IN REGARD THERETO; TO AMEND THE CAPTION OF CHAPTER 9, TITLE 18, FROM "APPEALS TO SUPREME COURT" TO "APPEALS TO SUPREME COURT AND COURT OF APPEALS"; TO REPEAL SECTIONS 14-8-540 RELATING TO PROCEDURES FOR APPEALS TO THE COURT OF APPEALS; 15-37-150 RELATING TO COSTS ON APPEAL TO THE SUPREME COURT; AND 17-4-90 RELATING TO WHEN TIME TO APPEAL COMMENCES IN CERTAIN CASES INVOLVING INDIGENT PERSONS.
Be it enacted by the General Assembly of the State of South Carolina:
Appeal provisions changed
SECTION 1. Section 1-3-250 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 1-3-250. An officer, other than a state officer appointed by the Governor pursuant to subsection (B) of Section 1-3-240, shall have the right of appeal from any order of removal by the Governor under Section 1-3-240 to the resident or presiding judge of the circuit in which the officer resides. The judge shall hear and determine the appeal both as to law and fact upon the record as made before the Governor and upon additional evidence as he shall see fit to allow. The notice of appeal shall be served upon the Governor, or his secretary, within five days after the service upon the officer of the order of the Governor removing him and shall state the grounds for the appeal and name the circuit judge to whom the appeal is taken. The Governor shall transmit to the judge the record in the case, including a copy of the order of removal, grounds of removal, evidence in support of removal and return of service, and any other matter which in his judgment may be considered by the court. The circuit judge within twenty days after the taking of the appeal, or in such shorter time as may be practical, shall hear and determine the appeal, after giving to the parties reasonable notice of the time and place of hearing. The hearing may be had and judgment may be rendered in open court, or at chambers within or without the circuit. Any appeal from the order of the circuit court must be taken in the manner provided by the South Carolina Appellate Court Rules."
Court of appeals added
SECTION 2. Section 1-7-40 of the 1976 Code is amended to read:
"Section 1-7-40. He shall appear for the State in the Supreme Court and the court of appeals in the trial and argument of all causes, criminal and civil, in which the State is a party or interested, and in these causes in any other court or tribunal when required by the Governor or either branch of the General Assembly."
Court of appeals added
SECTION 3. Section 1-7-140(1) of the 1976 Code is amended to read:
"(1) the cases argued, tried, or conducted by him in the Supreme Court, the court of appeals, and circuit courts during the preceding year; and"
Appeal provisions changed
SECTION 4. Section 1-23-390 of the 1976 Code is amended to read:
"Section 1-23-390. An aggrieved party may obtain a review of any final judgment of the circuit court under this article by taking an appeal in the manner provided by the South Carolina Appellate Court Rules as in other civil cases."
Court of appeals added
SECTION 5. Section 2-13-60(3) of the 1976 Code is amended to read:
"(3) Note by annotation decisions of the Supreme Court and the court of appeals of this State under the appropriate sections of the statutes codified and also of the Constitution of 1895 of the State and the rules of court."
Court of appeals added
SECTION 6. Section 2-13-80(3) of the 1976 Code is amended to read:
"(3) All decisions of the Supreme Court of South Carolina, the court of appeals of South Carolina, and of the courts of the United States, subsequent to those referred to in the then existing Code of Laws, construing the general and permanent statutory law and the Constitution of South Carolina."
Appeal provisions changed
SECTION 7. Section 4-27-320 of the 1976 Code is amended to read:
"Section 4-27-320. Any party at interest who is aggrieved by the judgment rendered by the circuit court upon the appeal may have it reviewed by taking an appeal in the manner provided by the South Carolina Appellate Court Rules."
Appeal provisions changed
SECTION 8. Section 4-27-630 of the 1976 Code is amended to read:
"Section 4-27-630. Any appeal from the decision of the circuit court shall be taken in the manner provided by the South Carolina Appellate Court Rules. It shall not be necessary in a judicial proceeding under this article to enter exceptions to the ruling of the commission, and no bond shall be required for entering an appeal. Upon the final determination of the judicial proceeding, the commission shall enter an order in accordance with the determination."
Appeal provisions changed
SECTION 9. Section 6-7-790 of the 1976 Code is amended to read:
"Section 6-7-790. Any party at interest who is aggrieved by the judgment rendered by the circuit court upon the appeal may appeal in the manner provided by the South Carolina Appellate Court Rules."
Appeal provisions changed
SECTION 10. Section 6-29-850 of the 1976 Code, as added by Act 355 of 1994, is amended to read:
"Section 6-29-850. A party in interest who is aggrieved by the judgment rendered by the circuit court upon the appeal may appeal in the manner provided by the South Carolina Appellate Court Rules."
Appeal provisions changed
SECTION 11. Section 6-29-940 of the 1976 Code, as added by Act 355 of 1994, is amended to read:
"Section 6-29-940. A party in interest who is aggrieved by the judgment rendered by the circuit court upon the appeal may appeal in the manner provided by the South Carolina Appellate Court Rules."
Court of appeals added
SECTION 12. Section 14-1-40 of the 1976 Code is amended to read:
"Section 14-1-40. The word 'clerk', as used in this title, signifies the clerk of the court where the action is pending and, in the Supreme Court or court of appeals, the clerk of the county mentioned in the title of the complaint or in another county to which the court may have changed the place of trial, unless otherwise specified."
Court of appeals added; provisions deleted; etc.
SECTION 13. Section 14-1-70 of the 1976 Code is amended to read:
"Section 14-1-70. The following are courts of justice in this State:
(1) the court for trial of impeachments;
(2) the Supreme Court;
(3) the court of appeals;
(4) the circuit courts, to wit:
(a) a court of common pleas and
(b) a court of general sessions;
(5) probate courts;
(6) the family courts;
(7) magistrates' courts; and
(8) municipal courts."
Jurisdiction of court; provisions deleted; etc.
SECTION 14. Section 14-8-200 of the 1976 Code is amended to read:
"Section 14-8-200. (a) Except as limited by subsection (b) below and Section 14-8-260, the court shall have jurisdiction over any case in which an appeal is taken from an order, judgment, or decree of the circuit or family court. This jurisdiction shall be appellate only, and the court shall apply the same scope of review that the Supreme Court would apply in a similar case. The court shall have the same authority to issue writs of supersedeas, grant stays, and grant petitions for bail as the Supreme Court would have in a similar case. The court, to the extent the Supreme Court may by rule provide for it to do so, shall have jurisdiction to entertain petitions for writs of certiorari in post-conviction relief matters under Section 17-27-100.
(b) Jurisdiction of the court shall not extend to appeals of the following, the appeal from which shall lie of right directly to the Supreme Court:
(1) any final judgment from the circuit court which includes a sentence of death;
(2) any final judgment from the circuit court setting public utility rates pursuant to Title 58;
(3) any final judgment involving a challenge on state or federal grounds, to the constitutionality of a state law or county or municipal ordinance where the principal issue is one of the constitutionality of the law or ordinance; provided, however, in any case where the Supreme Court finds that the constitutional question raised is not a significant one, the Supreme Court may transfer the case to the court for final judgment;
(4) any final judgment from the circuit court involving the authorization, issuance, or proposed issuance of general obligation debt, revenue, institutional, industrial, or hospital bonds of the State, its agencies, political subdivisions, public service districts, counties, and municipalities, or any other indebtedness now or hereafter authorized by Article X of the Constitution of this State;
(5) any final judgment from the circuit court pertaining to elections and election procedure;
(6) any order limiting an investigation by a state grand jury under Section 14-7-1630;
(7) any order of the family court relating to an abortion by a minor under Section 44-41-33."
Certification of appeals; provisions deleted; etc.
SECTION 15. Section 14-8-210 of the 1976 Code is amended to read:
"Section 14-8-210. (a) The decisions of a panel of the court and of the court sitting en banc shall be final and not subject to further appeal, except by petition for review or by other exercise of discretionary review by the Supreme Court.
(b) In any case pending before the court of appeals, the Supreme Court may in its discretion, on motion of any party to the case, on request by the court of appeals, or on its own motion, certify the case for review by the Supreme Court before it has been determined by the court of appeals. Certification is appropriate where the case involves an issue of significant public interest or a legal principle of major importance, or in other cases the court considers appropriate. The effect of the certification shall be to transfer jurisdiction over the case to the Supreme Court for all purposes."
Notice of appeal; provisions deleted; etc.
SECTION 16. Section 14-8-260 of the 1976 Code is amended to read:
"Section 14-8-260. In all cases within the jurisdiction of the court as provided in this chapter, the notice of appeal must be filed with the court of appeals in the manner provided by the South Carolina Appellate Court Rules. In the event the court of appeals determines that a notice of appeal involves a matter over which it lacks jurisdiction pursuant to Section 14-8-200(b), it shall issue an order transferring the case to the Supreme Court. In the event the Supreme Court determines that a notice of appeal should have been filed with the court of appeals, it shall issue an order transferring the case to the court of appeals."
Master-in-equity, special referee provisions; provisions deleted; etc.
SECTION 17. Section 14-11-85 of the 1976 Code, as added by Act 36 of 1989, is amended to read:
"Section 14-11-85. When some or all of the causes of action in a case are referred to a master-in-equity or special referee, the master or referee shall enter final judgment as to those causes of action, and an appeal from an order or judgment of the master or referee must be to the Supreme Court or the court of appeals as provided by the South Carolina Appellate Court Rules. A matter may not be referred to a master or referee for the purpose of making a report to the circuit court."
Court of appeals added
SECTION 18. Section 15-1-60 of the 1976 Code is amended to read:
"Section 15-1-60. The word 'clerk', as used in this title, signifies the clerk of the court where the action is pending and, in the Supreme Court or the court of appeals, the clerk of the county mentioned in the title of the complaint or in another county to which the court may have changed the place of trial, unless otherwise specified."
Supreme Court deleted; court of appeals added
SECTION 19. Section 15-1-260(2) of the 1976 Code is amended to read:
"(2) In the Supreme Court or court of appeals of this State the sum of money shall be paid to the clerk of that appellate court;"
Court of appeals added
SECTION 20. Section 15-17-550 of the 1976 Code is amended to read:
"Section 15-17-550. If the verdict of the jury provided in Section 15-17-490 is in favor of the debtor and the plaintiff should appeal, the debtor shall be entitled to be discharged from confinement on his giving bond and sufficient sureties to the plaintiff to be forthcoming and to abide by the decision of the court of appeals or the Supreme Court. If the appeal shall be determined against the debtor and he be not surrendered, which the surety may do, before the first day of the circuit court next succeeding the determination of the appeal, then the clerk of the court, on the application of the plaintiff or his agent, shall issue an order on the bond against the prisoner and his sureties, as in cases of estreated recognizances. But if the prisoner should appear or be surrendered, as aforesaid, then the clerk shall proceed with the case as provided in the preceding sections."
Supreme Court deleted; etc.
SECTION 21. Section 15-51-42(C)(3) of the 1976 Code, as added by Act 475 of 1992, is amended to read:
"(3) the settlement agreement is reached after notice of appeal is filed, the personal representative shall petition the appellate court before which the matter is pending to remand the case to the circuit court for consideration of the settlement agreement in accordance with the procedure outlined in (2) above."
Court of appeals added
SECTION 22. Section 17-4-70(a) of the 1976 Code is amended to read:
"(a) It shall represent any person who the office determines, subject to court review, falls within the guidelines promulgated pursuant to Section 17-4-40(4) who files Notice of Intention to Appeal or desires to appeal a conviction in any trial court, or decision of any proceeding in civil commitment or other voluntary placement in a state, county, or municipal facility. Any person desiring representation by the office shall request a determination of his indigency status in writing from the Supreme Court, the court of appeals, the circuit or family court, or the Office of Appellate Defense. Any court receiving a request for indigent appellate representation shall forward the request to the office who, within ten days of the receipt of the request for representation, shall notify the person requesting representation and the court in which the appeal will be effected of its decision."
Court of appeals added
SECTION 23. Section 17-15-200(2) of the 1976 Code is amended to read:
"(2) In the Supreme Court or the court of appeals the sum of money shall be paid to the clerk of the Supreme Court or the court of appeals; and"
Writ of certiorari, appellate rules; provisions deleted
SECTION 24. Section 17-27-100 of the 1976 Code is amended to read:
"Section 17-27-100. A final judgment entered under this chapter may be reviewed by a writ of certiorari as provided by the South Carolina Appellate Court Rules."
Court of appeals added
SECTION 25. Section 18-1-20(4) of the 1976 Code is amended to read:
"(4) The word 'clerk' signifies the clerk of the court in which the action is pending and, in the Supreme Court or the court of appeals, the clerk of the county mentioned in the title of the complaint or in another county to which the court may have changed the place of trial, unless otherwise specified."
Appeals, caption changed; court of appeals added
SECTION 26. (1) The caption of Chapter 9 of Title 18 of the 1976 Code is amended to read:
(2) Section 18-9-10 of the 1976 Code, as amended by Act 115 of 1991, is further amended to read:
"Section 18-9-10. An appeal may be taken to the Supreme Court or the court of appeals in the cases mentioned in Sections 14-3-320 and 14-3-330. The procedure for taking an appeal is as provided by the South Carolina Appellate Court Rules."
Court of appeals added
SECTION 27. Section 18-9-30 of the 1976 Code is amended to read:
"Section 18-9-30. The Supreme Court and the court of appeals shall have jurisdiction of all questions of law arising in the course of the proceedings of the circuit court in probate matters in the same manner as provided by law in other cases."
Court of appeals added
SECTION 28. Section 18-9-40 of the 1976 Code is amended to read:
"Section 18-9-40. When the circuit court shall render judgment upon a verdict taken, subject to the opinion of the court, the questions or conclusions of law together with a concise statement of the facts upon which they arose shall be prepared by and under the direction of the court, shall be filed with the judgment roll, and shall be considered a part of the judgment roll for the purposes of a review in the Supreme Court or the court of appeals."
"Appellate court" replaces "Supreme Court"
SECTION 29. Section 18-9-150 of the 1976 Code is amended to read:
"Section 18-9-150. If the judgment appealed from directs the assignment or delivery of documents or personal property, the execution of the judgment shall not be stayed by appeal unless the things required to be assigned or delivered be brought into court or placed in the custody of such officer or receiver as the court shall appoint or unless an undertaking be entered into on the part of the appellant, with at least two sureties and in such amount as the court or a judge thereof shall direct, to the effect that the appellant will obey the order of the appellate court upon the appeal."
"Appellate court" replaces "Supreme Court"
SECTION 30. Section 18-9-160 of the 1976 Code is amended to read:
"Section 18-9-160. If the judgment appealed from directs the execution of a conveyance or other instrument, the execution of the judgment shall not be stayed by the appeal until the instrument shall have been executed and deposited with the clerk with whom the judgment is entered, to abide the judgment of the appellate court."
"Appellate court" replaces "Supreme Court"
SECTION 31. Section 18-9-220 of the 1976 Code is amended to read:
"Section 18-9-220. In cases not provided for in Sections 18-9-130 and 18-9-150 to 18-9-180, the notice of appeal shall stay proceedings in the court below upon the judgment appealed from, except that when it directs the sale of perishable property, the court below may order the property to be sold and the proceeds of the property to be deposited or invested in bonds of this State or of the United States, to abide the judgment of the appellate court."
Court of appeals added
SECTION 32. Section 18-9-270 of the 1976 Code is amended to read:
"Section 18-9-270. The Supreme Court or the court of appeals may reverse, affirm, or modify the judgment, decree, or order appealed from in whole or in part and as to any or all of the parties, and the judgment shall be remitted to the court below to be enforced according to law."
Appeal provisions changed; provisions deleted; etc.
SECTION 33. Section 20-7-2220 of the 1976 Code is amended to read:
"Section 20-7-2220. Any appeal from an order, judgment, or decree of the family court shall be taken in the manner provided by the South Carolina Appellate Court Rules. The right to appeal must be governed by the same rules, practices, and procedures that govern appeals from the circuit court.
The pendency of an appeal or application may not suspend the order of the family court regarding a child, nor shall it discharge the child from the custody of that court or of the person, institution, or agency to whose care the child shall have been committed; nor shall it suspend payments for support and maintenance of the wife and child."
Court of appeals added
SECTION 34. Section 27-40-800(f)(1) of the 1976 Code is amended to read:
"(1) Upon appeal to the Supreme Court or to the court of appeals, it is sufficient to stay execution of a judgment for ejectment that the tenant sign an undertaking that he will pay to the landlord the amount of rent, determined by order of the judge of the circuit court, as it becomes due periodically after judgment was entered. The judge of the court having jurisdiction shall order stay of execution upon the undertaking."
Appeal provisions changed
SECTION 35. Section 34-29-180(c) of the 1976 Code is amended to read:
"(c) The court shall have jurisdiction to review the facts and the law and to affirm, modify or to set aside the order or decision of the board and to restrain the enforcement thereof. Appeals from all final orders and judgments entered by the circuit court in reviewing the orders and decisions of the board may be taken in the manner provided by the South Carolina Appellate Court Rules."
Appeal provisions changed; provisions deleted
SECTION 36. Section 37-6-108(4) of the 1976 Code is amended to read:
"(4) The jurisdiction of the court shall be exclusive and its final judgment or decree may be appealed in the manner provided by the South Carolina Appellate Court Rules. The administrator's copy of the testimony shall be available at reasonable times to all parties for examination without cost."
Appeal provisions changed
SECTION 37. Section 37-6-415 of the 1976 Code is amended to read:
"Section 37-6-415. An aggrieved party may obtain a review of any final judgment of the court of common pleas under this part by taking an appeal in the manner provided by the South Carolina Appellate Court Rules."
Appeal provisions changed; court of appeals added
SECTION 38. Section 38-59-40(2) of the 1976 Code is amended to read:
"(2) If attorneys' fees are allowed and, on appeal by the defendant, the judgment is affirmed, the Supreme Court or the court of appeals shall allow to the respondent an additional sum as the court adjudges reasonable as attorneys' fees of the respondent on the appeal."
Appeal provisions changed; court of appeals added
SECTION 39. Section 38-63-90 of the 1976 Code is amended to read:
"Section 38-63-90. When a life insurer refuses to pay a claim on a life insurance policy within thirty days after a demand has been made by the beneficiary of the policy or contract, and a finding on suit of the contract made by the trial judge that the refusal was without reasonable cause or in bad faith, the insurer is liable to pay the beneficiary, in addition to any sum or any amount otherwise recoverable, all reasonable attorneys' fees for the prosecution of the case. The amount of reasonable attorneys' fees must be determined by the trial judge and the amount added to the judgment. If attorneys' fees are allowed and, on appeal by the defendant, the judgment is affirmed, the Supreme Court or the court of appeals shall allow to the respondent an additional sum as the court adjudged reasonable as attorneys' fees of the respondent on the appeal."
Court of appeals added
SECTION 40. Section 39-3-190 of the 1976 Code is amended to read:
"Section 39-3-190. The Attorney General and the solicitor of each circuit in which an offense is committed, respectively, shall enforce the provisions of this article. The solicitor shall institute and conduct all suits begun in the circuit courts and upon appeal the Attorney General shall prosecute the suits in the Supreme Court or the court of appeals."
Appeal provisions changed
SECTION 41. Section 39-37-100 of the 1976 Code is amended to read:
"Section 39-37-100. The action of the Department of Agriculture in refusing to grant a license or in revoking or suspending a license shall be subject to review by the court of common pleas in the county in which the aggrieved party resides. Any appeal from the decision of the circuit court shall be taken in the manner provided by the South Carolina Appellate Court Rules."
Appeal provisions changed
SECTION 42. Section 41-31-630(5) of the 1976 Code is amended to read:
"(5) The amount due specified in any bill from the commission shall be conclusive on the organization unless, not later than fifteen days after the bill was mailed to its last known address or otherwise delivered to it, the organization files an application for redetermination by the commission setting forth the grounds for the application. After affording the organization a reasonable opportunity for a fair hearing consonant with the provisions of Section 41-35-720, the commission shall by its decision make findings of fact and conclusion of law and upon the basis thereof affirm, modify, or reverse its original ruling with respect to the amount originally specified in the bill. Within fifteen days after the date upon which the decision is issued the organization may procure judicial review of the decision by commencing an action in the court of common pleas in any county in which the organization has a place of business against the commission for the review of its decision. In such action a petition, which need not be verified, but which shall state the grounds upon which a review is sought, shall be served upon a member of the commission or upon a person as the commission shall designate. With its answer the commission shall certify and file with the court all evidence and a transcript of all testimony taken in the matter together with its findings of fact and decision therein. In any judicial proceeding under this section the decision of the court shall be based upon the evidence introduced and the testimony received at the hearing before the commission. An appeal may be taken from the decision of the court of common pleas in the manner provided by the South Carolina Appellate Court Rules. A petition for judicial review shall act as a supersedeas or stay of any action by the commission directed toward the collection of the amount involved in the controversy or the imposition of any penalty or forfeiture by reason of the nonpayment thereof."
Appeal provisions changed
SECTION 43. Section 41-35-750 of the 1976 Code is amended to read:
"Section 41-35-750. Within ten days after a decision of the commission has become final, any party to the proceeding who claims to be aggrieved by the decision may secure judicial review of the decision by commencing an action in the court of common pleas, either in the county in which the employee resides or the county in which he was last employed, against the commission for the review of its decision, in which action every other party to the proceeding before the commission shall be made a defendant. In such action a petition, which need not be verified but which shall state the grounds upon which a review is sought, shall be served upon a member of the commission or upon such person as the commission may designate, and such service shall be deemed complete service on all parties, but there shall be left with the person so served as many copies of the petition as there are defendants, and the commission shall forthwith mail one such copy to each such defendant. With its answer the commission shall certify and file with the court all documents and papers and a transcript of all testimony taken in the matter together with its findings of fact and decision therein. The commission, in its discretion, also may certify to such court questions of law involved in any decision by it. In any judicial proceeding under this chapter, the findings of the commission as to the facts, if supported by evidence and in the absence of fraud, shall be conclusive and the jurisdiction of the court shall be confined to questions of law. Such actions, and the questions so certified, shall be heard in a summary manner and shall be given precedence over all other civil cases except cases arising under the Workers' Compensation laws of this State. An appeal may be taken from the decision of the court of common pleas in the manner provided by the South Carolina Appellate Court Rules. It shall not be necessary, in a judicial proceeding under this article, to enter exceptions to the rulings of the commission, and no bond shall be required for entering such appeal. Upon the final determination of such judicial proceeding, the commission shall enter an order in accordance with such determination. In no event shall a petition for judicial review act as a supersedeas or stay unless the commission shall so order."
Court of appeals added
SECTION 44. Section 42-1-650 of the 1976 Code is amended to read:
"Section 42-1-650. If any claim for compensation is made upon the theory that such claim, or the injury upon which the claim is based, is within the jurisdiction of the commission under the provisions of this title and if the commission, or the Supreme Court or court of appeals on appeal, shall adjudge that the claim is not within this title, the claimant, or if he dies his personal representative, shall have one year after the rendition of a final judgment in the case within which to commence an action at law."
Appeal provisions changed
SECTION 45. Section 42-17-40(B) of the 1976 Code, as amended by Act 70 of 1989, is further amended to read:
"(B) In the event any commissioner or any member of his family residing in the commissioner's household or any employee of the Workers' Compensation Commission receives an injury in the course of employment, the case must be heard and determined by the circuit court judge in the county in which the injury occurred. The clerk of court shall docket these cases in the file book for the court of common pleas and these cases must be heard in that court. These cases may be called up for trial out of their order by either party. An appeal from an order of the circuit court judge, pursuant to this subsection, shall be taken in the manner provided by the South Carolina Appellate Court Rules. If the order is not appealed, payment must be made as provided in Section 42-17-60. However, this subsection does not apply with respect to claims involving medical benefits only; for claims solely involving medical benefits, subsection (A) applies."
Appeal provisions changed
SECTION 46. Section 44-17-620 of the 1976 Code is amended to read:
"Section 44-17-620. The petitioner or the person shall have the right to appeal from any order of the probate court issued pursuant to Section 44-17-580 to the court of common pleas of the county where the probate court is situated. The notice of intention to appeal together with the grounds for the appeal shall be filed in the probate court and the court of common pleas within fifteen days of the date of the order issued pursuant to Section 44-17-580. The appeal shall be heard by any circuit judge having jurisdiction in the county upon the record of the probate court. The judge may require that additional evidence be presented in the hearing if notice is given to both appellant and respondent.
The probate court shall be responsible for certifying the record on the proceedings before the probate court to the circuit court judge within thirty days of filing of the notice of intention to appeal. The circuit judge shall hold the hearing and render a decision affirming or reversing the order of the probate court within fifteen days of receipt of the record of the probate court.
The costs shall be borne by the applicant unless the court determines that he cannot afford them.
Any appeal from the order of the circuit judge shall be taken in the manner provided by the South Carolina Appellate Court Rules. An order of a circuit judge requiring release of the person shall be of force and effect unless it is reversed on appeal."
Appeal provisions changed
SECTION 47. Section 49-19-1080 of the 1976 Code is amended to read:
"Section 49-19-1080. Any person or party aggrieved may appeal the final judgment of the circuit court in the manner provided by the South Carolina Appellate Court Rules."
Court of appeals added
SECTION 48. Section 50-5-130 of the 1976 Code, as last amended by Section 1259, Act 181 of 1993, is further amended to read:
"Section 50-5-130. The department may prosecute for violations of all laws for the collection of revenues due the State from the fishing industries and leases of bottoms when in its judgment the prosecutions are for the best interests of industries or of the State and to that end may employ counsel having special knowledge of the fisheries laws and of the matters pertaining to fisheries and coastal conditions to work up and conduct these prosecutions in the inferior courts and to assist the solicitor in the court of general sessions, the court of appeals, and the Supreme Court, should he desire assistance."
Appeal provisions changed
SECTION 49. Section 57-5-1120 of the 1976 Code is amended to read:
"Section 57-5-1120. Any abutting property owner or lessee may file an application within thirty days from a decision of the department in the administration of Sections 57-5-1080 to 57-5-1110 for a hearing in the matter before a circuit judge at chambers or in open court in the judicial circuit in which the property is located, and such court or judge is hereby vested with jurisdiction to set the matter for a hearing upon ten days' written notice to the department of such hearing and thereupon to determine whether the action of the department is in accordance with the provisions of law. The decision of the circuit judge may be appealed in the manner provided by the South Carolina Appellate Court Rules.
Provided, however, that the above procedure shall be an alternative method of relief and shall not abrogate or deny any property owners' rights as to relief under any existing law relating to the condemnation of property."
Appeal provisions changed
SECTION 50. Section 58-5-360 of the 1976 Code is amended to read:
"Section 58-5-360. An appeal from the decision of the circuit court may be taken in the manner provided by the South Carolina Appellate Court Rules."
Appeal provisions changed
SECTION 51. Section 58-9-1470 of the 1976 Code is amended to read:
"Section 58-9-1470. Any party to such action in the court of common pleas may appeal in the manner provided by the South Carolina Appellate Court Rules. Pending final determination of any such appeal, the order of the court of common pleas suspending or staying the operation of the order of the commission shall continue in force and effect under the conditions prescribed in such order and no additional bond or undertaking shall be required, but any party may apply to the appellate court for an order increasing or otherwise modifying the amount of such bond."
Appeal provisions changed
SECTION 52. Section 59-25-260 of the 1976 Code is amended to read:
"Section 59-25-260. The findings of fact by the State Board of Education shall be final and conclusive. The person aggrieved by the order of the State Board of Education, within thirty days thereafter, may appeal to the court of common pleas, to review errors of law only, by filing with the State Board of Education notice of such appeal and of the grounds thereof. The State Board of Education shall within thirty days thereafter, file a certified copy of the transcript of record with the clerk of such court. Any appeal from the order of the circuit court shall be taken in the manner provided by the South Carolina Appellate Court Rules."
Court of appeals added; Supreme Court deleted
SECTION 53. Section 59-25-270 of the 1976 Code is amended to read:
"Section 59-25-270. If either the State Board of Education, the court of common pleas, the court of appeals, or the Supreme Court of South Carolina reverses the order of revocation or suspension, the person whose certificate had been either revoked or suspended by the state board shall be fully reinstated and shall receive all salary lost as a result of such revocation or suspension of his certificate; provided, however, that where the State Board of Education, within the time prescribed by law, appeals from an order of the court of common pleas reversing an order of revocation or suspension rendered by the State Board of Education, the person whose certificate had either been revoked or suspended by the state board shall not be entitled to be reinstated and to receive all salary lost as a result of his certificate's revocation or suspension by the state board unless and until the Supreme Court or court of appeals affirms the order of the court of common pleas."
Appeal provisions changed
SECTION 54. Section 59-25-480 of the 1976 Code is amended to read:
"Section 59-25-480. The decision of the district board of trustees shall be final, unless within thirty days thereafter an appeal is made to the court of common pleas of any county in which the major portion of such district lies.
Notice of the appeal and the grounds thereof shall be filed with the district board of trustees. The district board shall, within thirty days thereafter, file a certified copy of the transcript record with the clerk of such court. Any appeal from the order of the circuit court shall be taken in the manner provided by the South Carolina Appellate Court Rules. If the decision of the board is reversed on appeal, on a motion of either party the trial court shall order reinstatement and shall determine the amount for which the board shall be liable for actual damages and court costs. In no event shall any liability extend beyond two years from the effective date of dismissal. Amounts earned or amounts earnable with reasonable diligence by the person wrongfully suspended shall be deducted from any back pay."
Appeal provisions changed
SECTION 55. Section 59-25-830 of the 1976 Code is amended to read:
"Section 59-25-830. The findings of fact by the State Board of Education shall be final and conclusive as to all parties, but any party thereto may, within thirty days thereafter, appeal to the court of common pleas of the county in which the appeal arose, to review error of law only, by filing with the State Board of Education notice of the appeal and of the grounds for the appeal. The state board, within thirty days thereafter, shall file a certified copy of the transcript of record with the clerk of such court. Any appeal from the order of the circuit court shall be taken in the manner provided by the South Carolina Appellate Court Rules."
Court of appeals added
SECTION 56. Section 62-1-308(c) and (e) of the 1976 Code, as last amended by Act 152 of 1997, is further amended to read:
"(c) When an appeal according to law is taken from any sentence or decree of the probate court, all proceedings in pursuance of the order, sentence, or decree appealed from shall cease until the judgment of the circuit court, court of appeals, or Supreme Court is had. If the appellant, in writing, waives his appeal before the entry of the judgment, proceedings may be had in the probate court as if no appeal had been taken.
(e) The final decision and judgment in cases appealed, as provided in this code, shall be certified to the probate court by the circuit court, court of appeals, or Supreme Court, as the case may be, and the same proceedings shall be had in the probate court as though the decision had been made in the probate court."
Repeal
SECTION 57. Sections 14-8-540, 15-37-150, and 17-4-90 of the 1976 Code are repealed.
Time effective
SECTION 58. This act takes effect upon approval by the Governor.
Ratified the 26th day of May, 1999.
Approved the 1st day of June, 1999.
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