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Charleston Personal Injury Lawyers

Supreme Court Clarifies Email Notice in Civil Court Appeals

The South Carolina Supreme Court has clarified that an email providing written notice of entry of an order or judgment triggers the time for serving a notice of appeal for purposes of Rule 203(b)(1), SCACR when it is sent from the court, an attorney of record or a party.

Rule 203(b)(1) relates to a notice of appeal from the Court of Common Pleas. Rule 203(b) also addresses time for service of a notice of appeal from other courts and administrative tribunals.

The rules have very specific times when dealing with appellate matters. The failure to timely appeal can result in the appellate court lacking the power to hear the matter.

The prudent practitioner should assume that email receipt of the relevant court documents will start the clock on important appellate deadlines.

You can read the decision in Wells Fargo Bank, N.A. v. Fallon Properties South Carolina here.