1989-1990 Bill 3102: Appeals from final judgments of a master-in-equity

South Carolina General Assembly
108th Session, 1989-1990

Bill 3102

                    Current Status

Bill Number:               3102
Ratification Number:       61
Act Number                 36
Introducing Body:          House
Subject:                   Appeals from final judgments of a master-in-equity

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A36, R61, H3102)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-11-85 SO AS TO PROVIDE THAT APPEALS FROM FINAL JUDGMENTS BY A MASTER-IN-EQUITY ARE TO THE CIRCUIT COURT UNLESS THE CIRCUIT COURT'S ORDER OF REFERENCE PROVIDES FOR A DIRECT APPEAL TO THE SUPREME COURT OR THE PARTIES NOT IN DEFAULT CONSENT IN WRITING TO A DIRECT APPEAL TO THE SUPREME COURT AT THE TIME THE ORDER OF REFERENCE WAS ENTERED OR THE PARTIES NOT IN DEFAULT CONSENT TO A DIRECT APPEAL TO THE SUPREME COURT ON THE RECORD AT THE HEARING BEFORE THE MASTER AND INCLUDE A SPECIAL REFEREE WITHIN THE MEANING OF MASTER-IN-EQUITY FOR PURPOSES OF THIS SECTION.

Be it enacted by the General Assembly of the State of South Carolina:

Appeals from final judgments

of a master-in-equity

SECTION 1. The 1976 Code is amended by adding:

"Section 14-11-85. (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.

(B) For purposes of this section 'master-in-equity' includes a special referee."

Time effective

SECTION 2. This act takes effect upon approval by the Governor and is effective with respect to all appeals from final judgments entered by a master after July 25, 1988.