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Charleston Personal Injury Lawyers

Court E-Mail Triggers Written Notice for Appeal Clock

An email from the court that attached a signed clocked copy of the order was considered written notice that starts the clock on the time for appeal. The South Carolina Court of Appeals issued an order in Wells Fargo Bank, NA v. Fallon Properties South Carolina, LLC that holds that receipt of written notice that triggers the clock starting for the time of appeal under SCACR Rule 203(b)(1) includes receipt by email from the court when the email includes a copy of the signed filed order.

The appellate court dismissed an appeal as untimely because the appeal was not filed within 30 days of the receipt of the emailed order even though it was filed within 30 days of the order that was received by US Mail from the court.

The relevant holding is as follows:

[A]n e-mail from the office of the master-in-equity with the order on appeal as an attachment constitutes written notice of entry of the order under Rule 203(b)(1) of the South Carolina Rules of Appellate Procedure. Because Appellants served their notice of appeal more than thirty days after receipt of the email, we find the appeal is untimely and deny the petition to rehear the dismissal of this appeal.