Appeals
Family court cases are tried before a family court judge with no jury. If a party to a case is dissatisfied with the decision of a family court judge, that party may appeal to a higher court, which in South Carolina is the South Carolina Court of Appeals and the South Carolina Supreme Court. To win on appeal, a party must have a legal basis for the appeal. An appeal is not a retrial or a new trial of the case, but rather a review by the appellate court of the family court judge’s decision on the facts and the law. A litigant has thirty days from the time they, or their lawyer, receives a copy of the final order from the family court to file their notice of appeal, so time is of the essence. If a litigant misses the thirty-day deadline, it cannot be revived and they lose their right to appeal. At Barrett Mackenzie, we have represented clients before the South Carolina Court of Appeals and the South Carolina Supreme Court. We would be happy to sit down with you and discuss your case and your options for appeal.
