Appellate Law

A ruling or verdict does not always mark the end of a case.  In many instances, there may be grounds to appeal a decision to a higher court.  Unfortunately, the practice of appellate law in South Carolina has become fairly complex.  An attorney must be familiar with the appellate rules and practices, case law regarding issue preservation, and the various options available while on appeal, including post-verdict mediation.  Having an attorney well-versed in these areas can be essential to a successful appeal.

The attorneys at The Anthony Law Firm have significant experience in appellate practice, having handled numerous cases on appeal at all levels of the appellate system.  Additionally, Jay Anthony draws on his experience gained during a two-year clerkship to Justice Costa M. Pleicones on the Supreme Court of South Carolina.  The firm assists attorneys with appeals of all sorts, including matters before the Court of Appeals and Supreme Court, Workers’ Compensation Commission, and Department of Social Services.  Some examples include a number of cases which have appeared in the reports of decisions of the various appellate courts.

 

Hutchinson v. Liberty Life Insurance Co.
404 S.C. 20, 743 S.E.2d 827 (2013)
Upheld summary judgment against insurance company for refusal to pay life insurance benefits.

Simo v. Mitsubishi
245 F. App’x 295 (4th Cir. 2007)
Seven million dollar verdict arising out of untripped rollover of Mitsubishi Montero Sport which ended career of a promising college soccer player.

Fernanders v. International Pavilion and FKL Go-Karts, Inc.
330 S.C. 470, 499 S.E.2d 509 (1998)
Involved the tragic drowning death of a six year old girl at an amusement park.

Culbertson v. Culbertson
143 F.3d 825 (4th Cir. 1998)
Affirmed the lack of liability on the part of an attorney who used wiretapped conversations to establish adultery on the part of a spouse in family court.

Jacobs Press v. Hartford Steam Boiler
107 F.3d 866 (1998)
Involved the refusal to pay insurance proceeds for a fire which destroyed a large industrial printing press.

Foster v. SC Dept. of Highways
306 S.C. 519, 413 S.E.2d 31 (1992)
Involved a highway defect which led to the quadriplegia of a young woman and helped establish the standard for highway maintenance in the state.

McJunkin v. Mountain Lake Colony
308 S.C. 202, 417 S.E.2d 578 (1992)
Involved a dispute over the ownership of property and confirmed the right to a jury trial on such issues.

Carter v. R. L. Jordan Oil Co., Inc.
294 S.C. 435, 365 S.E.2d 324 (1988); 299 S.C. 439, 385 S.E.2d 820 (1989); 301 S.C. 84, 390 S.E.2d 367 (1990)
Arose out of the operation and maintenance of a tractor-trailer whose rear wheels became detached and injured another driver.

 

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The View From the Back Bench

During my two-year stint as a law clerk with the Supreme Court of South Carolina, I learned that an appellate court law clerk spends 98 percent of his or her time sitting at a desk reading, writing and researching. Fortunately, I enjoyed pouring over briefs and clicking through Westlaw while trying to decipher the right […]

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