South Carolina Appeals

Ruffin Law Firm handles appeals from every trial court in South Carolina. This includes appeals from circuit court, family court, probate court, magistrate and municipal courts, and appeals from final decisions by administrative agencies.

Circuit Court Appeals

The South Carolina Circuit Court is South Carolina’s court of “general jurisdiction.” That means that almost all civil and criminal cases are heard first in the Circuit Court. Civil cases are heard in what is known as the Court of Common Pleas. In civil cases, whichever party loses can appeal to the Court of Appeals. Criminal cases are heard in what is known as the Court of General Sessions. In criminal cases, if a defendant is convicted, he can appeal to the Court of Appeals.

Civil Appeals from the Court of Common Pleas

Civil appeals are appeals from final orders in civil cases. This could be a jury verdict in a civil case, a final order from a judge after a bench trial, or a final order granting summary judgment or dismissing a case. Ruffin Law Firm handles civil appeals in a wide variety of cases.

Personal Injury Appeals: Appeals from judgments and verdicts in civil cases including automobile accidents, slip and falls, toxic torts, and medical malpractice. Ruffin Law Firm has represented both plaintiffs and defendants in personal injury appeals.

Commercial and Business Appeals: Appeals from disputes between corporate entities or business associations including breach of contract claims and employment disputes.  

Real Estate Appeals: Appeals from judgments regarding the purchase or sale of residential and commercial real estate, including foreclosure appeals.

Insurance Coverage: Appeals from judgments or verdicts determining the scope of insurance policies and whether a particular loss is covered under an insurance contract. 

Appeals from Summary Judgment or Judgment on the Pleadings: A trial judge's decision to grant summary judgment or dismiss a lawsuit on the pleadings such as a 12(b)(6) motion are generally considered final judgments and are immediately appealable. Getting such a ruling reversed on appeal may allow the case to proceed to a jury or bench trial. 

Criminal Appeals from the Court of General Sessions

Criminal appeals are appeals from a criminal conviction and sentence. Appeals in criminal cases almost always follow a jury trial in which the defendant has been found guilty. In some circumstances an appeal will follow a non-jury, i.e., bench trial, where a single judge has found the defendant guilty. In South Carolina, a criminal defendant can rarely appeal a guilty plea. Ruffin Law Firm handles criminal appeals from a wide variety of criminal convictions.

Violent Crime Appeals: Appeals from violent crimes including murder, armed robbery, and burglary. 

Non-violent/Property Offense Appeals: Appeals from less serious offenses like financial crimes.

Drug Crime Appeals: Appeals from all kinds of drug convictions including possession, possession with intent to distribute, and trafficking. 

Family Court Appeals

Appeals from family court frequently deal with divorce, alimony, child, support, child custody, and equitable distribution of marital estates. Appeals from family court also frequently deal with determinations by a family court judge that a parent has abused or neglected their child and cases where a parent has had their parental rights terminated.

Divorce Appeals: Appeals from family court orders regarding what assets are included and excluded from the marital estate, equitable distribution of the marital estate, awards of alimony and child support payments.  

Child Custody Appeals: Appeals from orders regarding primary, joint, and sole custody of a child, and visitation rights of a non-custodial parent. 

DSS Appeals: Appeals from child abuse and neglect cases initiated by the South Carolina Department of Social Services including family court orders placing a parent on the central registry for child abuse and neglect, orders that a parent complete a particular treatment plan, or orders terminating parental rights. 

Administrative Law Court Appeals

The Administrative State has sometimes been referred to as the Fourth Branch of Government. Nearly every aspect of our lives is regulated in some way by some administrative agency of the government. Think the Department of Education, the Department of Labor, Licensing, and Regulation, the Department of Motor Vehicles, the Department of Natural Resources, the Department of Revenue, just to name a few. These agencies wield a tremendous amount of power of the lives of citizens within their respective areas and the decisions they make can have a profound impact on the lives of individuals. 

The South Carolina Administrative Law Court hears appeals from final decisions made by state agencies. The rules governing appeals in the ALC are similar to the rules governing appeals to the Court of Appeals. A final decision by the ALC may be appealed up to the Court of Appeals. If your life has been significantly impacted by a final decision by an administrative agency and you wish to challenge that decision, an appeal to the Administrative Law Court is likely your next step. 

Appeals from Probate Court are generally heard in Circuit Court. However, if the parties agree in writing, an appeal from Probate Court can go directly to the Supreme Court.

Will Contest Appeals: Disputes over the validity of a will due to alleged undue influence, lack of capacity, or improper execution.

Estate Administration Appeals: 

Challenges to decisions made by personal representatives or disputes over asset distribution such as breach of fiduciary duty.

Guardianship and Conservatorship Appeals: Appeals involving the appointment or actions of guardians or conservators.

Trust Appeals: Appeals related to the interpretation, administration, or termination of trusts.

Probate Court Appeals

Summary Court Appeals

Appeals from Magistrate, and Municipal Courts are heard by the Circuit Court.

Criminal Appeals: Appeals from misdemeanors punishable by up to 30 days in jail and/or a $500 fine.

Civil Appeals: Claims up to $7,500, including Breach of contract, Personal injury, Property damage, and Landlord-tenant disputes (e.g., evictions).

adam@ruffinappeals.com

(803) 470-5629

1320 Main Street, Suite 300,

Columbia, SC 29201