Yes, Email Counts

March 02, 2018 - Sarah P. Spruill

In Wells Fargo v. Fallon Properties South Carolina, LLC issued February 28, the South Carolina Supreme Court affirmed a decision of the Court of Appeals holding that email notification of the entry of a judgment or order is sufficient to trigger the requirements of Rule 203, SCACR as to the timing for a notice of appeal. 

The new rule is set forth in the conclusion of the opinion, as follows:

[W]e hold an email sent from the court, an attorney of record, or a party that provides written notice of entry of an order or judgment triggers the time for serving a notice of appeal for purposes of Rule 203(b)(1), SCACR. For the reasons stated, our holding shall be applied prospectively[.]

Going forward, there will not be an excuse that an attorney did not receive a hard copy of the judgment or order.  Email counts. The Courtesy NEFs in efiling counties count. Attorneys should be sure that their calendars are marked accordingly or risk having their appeals dismissed. Opinion linked here.

Related Tags:Email Court of Appeals

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