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Right to Enforce Arbitration Is Waived Upon Default

Generally, the right to enforce arbitration may be waived. While there is no established rule as to what constitutes waiver, it typically requires a showing of prejudice through undue burden resulting from the delay in...more

Denial of Motion to Compel Arbitration Under the FAA Results in Stay of Case Upon Appeal

Generally, an appeal confers jurisdiction upon the court of appeals while simultaneously divesting the district court of its jurisdiction over aspects of the case involved in the appeal. In a succinct opinion, the United...more

South Carolina Judgments; No Exception to Strict Interpretation of 10 Year Limitation

S.C. Code ยง15-39-30 provides, in part: Executions may issue on final judgments or decrees at any time within 10 years from the date of the original entry thereof and shall have active energy during such period, without any...more

12/4/2018  /  Appeals , Creditors , Debtors

When Does the Time to Appeal Begin? Check your email.

Rule 203(b)(1), South Carolina Appellate Court Rules (SCACR), requires notice of appeal be served within thirty days after receiving written notice of entry of an order or judgment. While the notice of appeal must be served...more

South Carolina Court of Appeals Rules on Jury Trials and Class Action Waivers in Master Deeds - Decision is a good development for...

UPDATE: Based upon a settlement reached with Respondents, Petitioners filed a motion seeking dismissal of their petition for a writ of certiorari to the Court of Appeals. They also asked the Court to vacate the opinion of...more

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