Current Status Bill Number:4805 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960321 Primary Sponsor:Harrison All Sponsors:Harrison Drafted Document Number:gjk\22413sd.96 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Date of Last Amendment:19960417 Subject:Appeals of certain decisions
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960423 Introduced, read first time, 11 SJ
referred to Committee
House 19960418 Read third time, sent to Senate
House 19960417 Amended, read second time
House 19960410 Committee report: Favorable with 25 HJ
amendment
House 19960321 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 17, 1996
H. 4805
S. Printed 4/17/96--H.
Read the first time March 21, 1996.
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:
(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.