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Appellate Law
: South Carolina Appellate Law BlogSC Supreme Court discusses timeliness of Rule 59 Motion
By Bill Watkins, Esq.
The Supreme Court put great weight on counsel?s representation that she did not receive the order until May 16. Counsel for the respondent had filed an affidavit and an accompanying fax transmittal sheet which indicated that appellant?s attorney had faxed a letter to respondent?s counsel on April 19, 2005, which stated that a copy of the Circuit Court?s order had been received. Had the Court not given great weight to the representation of appellant regarding receipt of the order, the appeal would have been dismissed as untimely. The requirement of service of the notice of appeal is jurisdictional. If a party misses the deadline the appellate court lacks jurisdiction to consider the appeal and has no authority or discretion to extend or ignore the deadline for service.
Full post as published by South Carolina Appellate Law Blog on May 01, 2008 (boomark / email).
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