H 4805 Session 111 (1995-1996)
H 4805 General Bill, By Harrison
A Bill to amend Sections 1-3-250, as amended, Code of Laws of South Carolina,
1976, relating to appeals of officers removed by the Governor.-short title
03/21/96 House Introduced and read first time HJ-9
03/21/96 House Referred to Committee on Judiciary HJ-12
04/10/96 House Committee report: Favorable with amendment
Judiciary HJ-6
04/17/96 House Amended HJ-31
04/17/96 House Read second time HJ-33
04/18/96 House Read third time and sent to Senate HJ-15
04/23/96 Senate Introduced and read first time SJ-27
04/23/96 Senate Referred to Committee on Judiciary SJ-27
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 17, 1996
H. 4805
Introduced by REP. Harrison
S. Printed 4/17/96--H.
Read the first time March 21, 1996.
A BILL
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, 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 WORKER'S 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 PROVIDE THAT THESE APPEALS OR
REVIEWS MUST BE TAKEN IN THE MANNER 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, AS AMENDED, 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,
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,
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,
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 REPEAL SECTIONS 14-8-540, RELATING TO
PROCEDURES FOR APPEALS TO THE COURT OF APPEALS;
15-37-150, RELATING TO CASES ON APPEAL TO THE
SUPREME COURT; AND 17-4-90, RELATING TO WHEN TIME
TO APPEAL COMMENCES IN CERTAIN CASES INVOLVING
INDIGENT PERSONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
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 such 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 thereof and name the circuit judge
to whom the appeal is taken. Thereupon Then the
Governor shall forthwith transmit to the judge the record in
the case, including a copy of the order of removal, grounds of
removal, evidence in support thereof of removal
and return of service, and any other matter which in his
judgment may be considered by the court. The circuit judge
shall 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. Appeal from the judgment of the
circuit judge to the Supreme Court may be had as in any other
appeal at law. 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."
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 in such Court of all causes, criminal and civil, in
which the State is a party or interested, and in such causes in any
other court or tribunal when required by the Governor or either
branch of the General Assembly."
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"
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 appeal to the Supreme Court. The appeal shall be taken
taking an appeal in the manner provided by the South Carolina
Appellate Court Rules as in other civil cases."
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."
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."
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 such appeal may
have it reviewed by appeal in the same manner as provided by
law for appeals from other judgments of the circuit courts in law
cases taking an appeal in the manner provided by the South
Carolina Appellate Court Rules."
SECTION 8. Section 4-27-630 of the 1976 Code is amended to
read:
"Section 4-27-630. An appeal may be taken from the
decision of the circuit court to the Supreme Court in the same
manner as is provided for appeals from judgments of the circuit
courts in law cases. 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."
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 such appeal may
appeal in the same manner as provided by law for appeals from
other judgments of the circuit court in law cases manner
provided by the South Carolina Appellate Court Rules."
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 same manner as provided by law for appeals from
other judgments of the circuit court in law cases manner
provided by the South Carolina Appellate Court Rules."
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 same manner as provided by law for appeals from
other judgments of the circuit court manner provided by the
South Carolina Appellate Court Rules."
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."
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;
(3)(4) the circuit courts, to wit:
(a) a court of common pleas and
(b) a court of general sessions;
(4) County courts;
(5) probate courts;
(6) Juvenile and domestic relations courts the
family court;
(7) Children's courts;
(8)(7) magistrates' courts; and
(9)(8) mayors' and municipal courts;
(10) The civil and criminal court of Charleston;
(11) The city court and the police court of Charleston;
(12) The civil and criminal court of Colleton County;
(13) The civil and criminal court of Darlington County;
(14) The civil court of Florence;
(15) The Florence County courts of limited jurisdiction;
(16) The civil and criminal court of Horry;
(17) The juvenile, domestic relations and special court of
Kershaw County;
(18) The civil and domestic relations court of Laurens;
(19) The civil courts of Spartanburg;
(20) The civil and domestic relations court of Sumter County;
(21) The civil and criminal court of Union; and
(22) The criminal, juvenile and domestic relations court of
York County."
SECTION 14. Section 14-8-200 of the 1976 Code is amended to
read:
"Section 14-8-200. (a) The jurisdiction of the Court
shall be appellate only and shall extend, except as provided in
subsection (b) of this section, to all questions of law and equity
arising in the course of proceedings of the Circuit Court and the
Family Court, and such jurisdiction shall be subject to the
provisions of Section 14-8-260. In cases which arise out of the
Family Court, except those dealing with juvenile misconduct, a
concurrence in the facts by the family court judge and a panel of
the Court or by the Court sitting en banc shall be determinative of
the facts of the case throughout the remainder of the case.
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, 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 class of cases, the appeal from which
shall lie of right directly to the Supreme Court:
(1) any final judgment from the circuit court which
involves a sentence under Article I, Chapter 3 of Title 16
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 refer 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 decision under Section 44-41-33."
SECTION 15. Section 14-8-210(b) of the 1976 Code is amended
to read:
"(b) In any case in which an appeal has been assigned
to the Court of Appeals pending before the Court of
Appeals, the Supreme Court may in its discretion, on motion of
any party to the case, on certification 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. The
effect of such certification shall be to transfer jurisdiction over the
case to the Supreme Court for all purposes."
SECTION 16. Section 14-8-260 of the 1976 Code is amended to
read:
"Section 14-8-260. (A) In all cases within the
jurisdiction of the court as provided in this chapter, notice of
intent to appeal shall be given to the Supreme Court Cases,
including those filed before the creation of the Court, the
Supreme Court shall specify by rule whether the notice of appeal
shall be filed initially with the Supreme Court or the Court of
Appeals.
(B) If the notice of appeal is to be filed initially
with the Supreme Court, the case shall be either transferred to
the Court of Appeals or retained by the Supreme Court. In
determining which cases shall be assigned to the Court of Appeals,
it shall require a concurrence of four justices to retain in the
Supreme Court a case not otherwise retained pursuant to Section
14-8-200(b). The minutes shall show how many and which justices
concurred in each assignment and which, if any, dissented
therefrom. The Supreme Court may in its discretion provide by rule
for the filing of motions, briefs, or any other materials for the
purpose of its determination of assignment, provided that all such
materials shall be transferred to the Court of Appeals wherever
applicable to the proceedings in the Court of Appeals. Once
assigned to the Court of Appeals, the court shall have jurisdiction
over the case.
(C) If the notice of appeal is to be filed initially with the Court
of Appeals, the Court of Appeals, without any action by the
Supreme Court, shall have jurisdiction over the case once the notice
of appeal is served. 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."
SECTION 17. Section 14-11-85(A) of the 1976 Code, as added
by Act 36 of 1989, is amended to read:
"(A) Appeals from final judgments entered by a
master-in-equity are to the circuit court unless:
(1) the circuit court's order of reference provides for a direct
appeal to the Supreme Court; or
(2) the parties not in default consented in writing to a direct
appeal to the Supreme Court at the time the order of reference was
entered; or
(3) the parties not in default consent to a direct appeal to the
Supreme Court on the record at the hearing before the master.
If a master-in-equity has been authorized to enter final judgment
in a case pursuant to Rule 53(e), South Carolina Rules of Civil
Procedure, the appeal from any order or judgment issued by the
master-in-equity shall be to the Supreme Court or the Court of
Appeals as provided by the South Carolina Appellate Court
Rules."
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."
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 such sum of money shall be paid to the clerk of the
Supreme Court that appellate court;"
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 be 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 such appeal then
the clerk of the court shall, on the application of the plaintiff
or his agent, forthwith 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 forthwith proceed with the
case as provided in the preceding sections."
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 State
Supreme Court 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."
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 such request for indigent appellate representation shall
forthwith forward such request to the office who shall,
within ten (10) 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."
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 such sum of money shall be paid to the clerk of the
Supreme Court or the Court of Appeals; and"
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 the Supreme Court of this State on
appeal brought either by the applicant or the State in accordance
with laws governing appeals from the circuit court in civil cases
by a writ of certiorari as provided by the South Carolina
Appellate Court Rules."
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."
SECTION 26. (1) The caption of Chapter 9 of Title 18 of the
1976 Code is amended to read:
"CHAPTER 9
Appeals to Supreme Court and Court of Appeals
(2) Section 18-9-10 of the 1976 Code is 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."
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."
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 deemed a part thereof for the
purposes of a review in the Supreme Court or the Court of
Appeals."
SECTION 29. Section 18-9-150 of the 1976 Code is amended to
read:
"Section 18-9-150. If the judgment appealed from
direct 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 Supreme Court appellate
court upon the appeal."
SECTION 30. Section 18-9-160 of the 1976 Code is amended to
read:
"Section 18-9-160. If the judgment appealed from direct
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 Supreme
Court appellate 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 thereof to
be deposited or invested in bonds of this State or of the United
States, to abide the judgment of the Supreme Court
appellate court; provided, that an appeal from a
judgment or decree overruling a demurrer shall stay the further
hearing of the cause unless the presiding judge shall be satisfied
that the ends of justice will be subserved by proceeding with the
trial and shall order the trial of the cause to proceed to judgment;
and provided, further, that nothing contained in the preceding
proviso shall be construed to prevent a review upon appeal from the
final order or judgment in the cause of any judgment or decree on
demurrer."
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."
SECTION 33. Section 20-7-2220 of the 1976 Code is amended
to read:
"Section 20-7-2220. In all cases in which the court
shall have jurisdiction, the right of appeal shall be to the Supreme
Court of the State in the same manner and pursuant to the same
rules, practices and procedure that govern appeals from the circuit
court. 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 therefor shall
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
such the child shall have been committed; nor shall
it suspend payments for support and maintenance of the wife and
child."
SECTION 34. Section 27-40-800(f)(1) of the 1976 Code is
amended to read:
"(1) Upon appeal to the Supreme Court or of 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."
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 to the Supreme Court by any party to the action as in
other civil cases in the manner provided by the South
Carolina Appellate Court Rules."
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 shall be subject to review by the
Supreme Court in the same manner and form and with the same
effect as in appeals from a final judgment or decree in a civil
action 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."
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 appeal to the Supreme Court. The appeal shall be
taken as in other civil cases by taking an appeal in the
manner provided by the South Carolina Appellate Court
Rules."
SECTION 38. Section 38-59-40(2) of the 1976 Code is amended
to read:
"(2) If attorneys' fees are allowed and, on appeal to
the Supreme Court 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."
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 attorney's
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 attorney's
attorneys' fees are allowed and, on appeal to the
Supreme Court 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
attorney's attorneys' fees of the respondent on the
appeal."
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 such
suits in the Supreme Court or the Court of Appeals."
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, with right of appeal to the State Supreme Court.
Any appeal from the decision of the circuit court shall be taken
in the manner provided by the South Carolina Appellate Court
Rules."
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
such 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 shall 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 such decision is
issued the organization may procure judicial review thereof 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 such 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 to the Supreme
Court, in the same manner as is provided in civil cases 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."
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
thereof 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 may also, 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 Workmen's Compensation Law
Workers' Compensation laws of this State. An appeal may
be taken from the decision of the court of common pleas to the
Supreme Court, in the same manner, but not inconsistent with the
provisions of Chapters 27 through 41 of this Title, as is provided in
civil cases 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."
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
said 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 such 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."
SECTION 45. Section 42-17-40(B) of the 1976 Code is 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, is to the Supreme Court of
South Carolina, and notice of appeal must be given within fourteen
days from the date the order of the circuit court judge is received
by the parties 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."
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 jurisdicton
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.
Appeal by either party to the Supreme Court shall be from the
order of the circuit judge as in other civil cases, except that an
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 by the Supreme Court."
SECTION 47. Section 49-19-1080 of the 1976 Code is amended
to read:
"Section 49-19-1080. Any person or party aggrieved may
within ten days after the rendition of final judgment by the court
of common pleas prosecute an appeal to the Supreme Court
appeal the final judgment of the circuit court in the manner
provided by the South Carolina Appellate Court Rules."
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 such 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 such
prosecutions in the inferior courts and to assist the solicitor in the
court of general sessions, Court of Appeals, and Supreme
Court, should he desire such assistance."
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 to the Supreme Court in the same manner as other
appeals from the circuit courts 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 in no wise abrogate or deny
any property owners' rights as to relief under any existing law
relating to the condemnation of property."
SECTION 50. Section 58-5-360 of the 1976 Code is amended to
read:
"Section 58-5-360. Any party to such action in the
court of common pleas shall have the right to appeal to the
Supreme Court in accordance with existing law and procedure in
such cases. An appeal from the decision of the circuit court
may be taken in the manner provided by the South Carolina
Appellate Court Rules."
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 to the Supreme Court in
accordance with existing law and procedure in such cases in
the manner provided by the South Carolina Appellate Court
Rules. Pending final determination of any such appeal to
the Supreme Court, 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 Supreme Court appellate
court for an order increasing or otherwise modifying the
amount of such bond."
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 may,
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 party may appeal to the Supreme Court
from the court of common pleas in the same manner as provided by
law for appeals from the circuit court to the Supreme Court.
Any appeal from the order of the circuit court shall be taken in
the manner provided by the South Carolina Appellate Court
Rules."
SECTION 52A. 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 to the
Supreme Court of South Carolina 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."
SECTION 53. 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 such 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 party may appeal to the Supreme Court
from the court of common pleas in the same manner as provided by
law for appeals from the circuit court to the Supreme 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."
SECTION 54. 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 such appeal and of the grounds thereof. The
state board shall, within thirty days thereafter, shall
file a certified copy of the transcript of record with the clerk of
such court. Any party may appeal to the Supreme Court from
the court of common pleas in the same manner as provided by law
for appeals from the circuit court to the Supreme Court.
Any appeal from the order of the circuit court shall be taken in
the manner provided by the South Carolina Appellate Court
Rules."
SECTION 55. Section 62-1-308 of the 1976 Code, as last
amended by Act 521 of 1990, is further amended to read:
"Section 62-1-308. Appeals from the probate court shall
be to the circuit court and shall be governed by the following rules:
(a) Any person interested in any final order, sentence, or
decree of any probate court and considering himself injured thereby
may appeal therefrom to the circuit court in the same county. The
notice of intention to appeal to the circuit court must be filed in the
office of the circuit court and in the office of the probate court and
a copy thereof served on all parties within ten days after receipt of
written notice of the decision appealed from order, sentence, or
decree of the probate court. The grounds of appeal must be filed in
the office of the probate court and a copy thereof served on all
parties within forty-five days after receipt of written notice of the
order, sentence, or decree of the probate court.
(b) Within thirty days after the grounds of appeal shall have
been filed in the office of the probate court, as provided in
subsection (a), the probate court shall make a return to the appellate
court of the testimony, proceedings, and judgment and file it in the
appellate court. Upon the appeal being finally disposed of, all such
papers included in the return shall be returned to the probate court.
(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; but, if the appellant in
writing waives his appeal before the entry of such judgment,
proceedings may be had in the probate court as if no appeal had
been taken.
(d) When the return shall have been filed in the circuit court as
provided in subsection (b), the court shall proceed to the hearing
and determination of the appeal according to the rules of law. The
hearing shall be strictly on appeal and no new evidence shall be
presented.
(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 such decision had been made in such probate court.
(f) No judge of any probate court shall be admitted to have
any voice in judging or determining any appeal from his decision or
be permitted to act as attorney or counsel thereon."
SECTION 56. Sections 14-8-540, 15-37-150, and 17-4-90 of the
1976 Code are repealed.
SECTION 57. This act takes effect upon approval by the
Governor.
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