Elam v. South Carolina Department of Transportation

I respectfully dissent. In my opinion, SCDOT’s Rule 59(e) motion, raising the same issues orally raised to and ruled upon in its motions for directed verdict, JNOV, and a new trial, did not stay the time for filing a notice of appeal. I would affirm the Court of Appeals’ holding that SCDOT’s appeal was untimely.

Post-trial motions are required in two primary circumstances: to preserve issues that have been raised to the trial court but not yet ruled upon or when the trial court grants relief not requested or rules on an issue never raised at trial. Jean Hoefer Toal, et al, Appellate Practice…