Appeals

The Fisher Law Firm has been involved in more than 34 appeals cases to date, we feel that our office can confidently handle any appeal.

General Information about Appeals follows:

Appeals. The Family Law Appellate Court has jurisdiction to make findings in accordance with its own view of the preponderance of the evidence, but are not required to disregard the findings of the Trial Judge who saw and heard the witnesses and is in a better position to Judge their credibility. Allen v. Allen. 339 S.E.2d 872 (1986), and Rutherford v. Rutherford. 414 S.E.2d 157 (1992).

You need to be aware that:

1. Predicting in advance the outcome of a case scheduled for trial is very difficult;

2. The background and personality of the particular Judge assigned to the case can have a great deal to do with the outcome of the case;

3. The Trial Judge has a great deal of leeway in deciding certain cases;

4. Judges sometimes make mistakes, and;

5. Frequently it is necessary to prosecute or defend an appeal of the Trial Judge’s decision.

When an appeal is taken, the Supreme Court of South Carolina or the South Carolina Court of Appeals will review the record in the case. The Court will not take additional testimony or evidence but will only read, study and consider the evidence already taken in determining whether the Trial Judge made an error of law or abused his discretion in deciding a certain issue.

The appeal process starts immediately after receiving the written order. The first consideration is a motion for rehearing or reconsideration. The second is the appeal itself. The appeal process normally takes about one year. And even then there are added ways to continue the appellate ruling.

 

Contact Us:

Phone: 864-242-1114

Fax: 864-242-0162

 

Family Court Appeals

Business Litigation Appeals

Wills Appeals

Civil Appeals

Criminal Appeals

A listing of appeals that our firm has handled include:

This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem.

At the bottom of the page is a listing of appeals that our firm has handled.