overriding rule in South Carolina

32 South Carolina opinions name it 2 courts 1986–2023 3 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

Case	Followed	Cited
McCall v. Finleygreen scctapp · 1987 · cited in 26 South Carolina opinions naming this issue, 1989–2023 2 sentences 2023Our courts recognize "an overriding rule of civil procedure which says: whatever doesn't make any difference, doesn't matter." McCall v. Finley, 294 S.C. 1, 4 , 362 S.E.2d 26 , 28 (Ct. App. 1987). 2023Our courts recognize "an overriding rule of civil procedure which says: whatever doesn't make any difference, doesn't matter." McCall v. Finley, 294 S.C. 1, 4 , 362 S.E.2d 26 , 28 (Ct. App. 1987).	17	26
Cox v. Coxgreen scctapp · 1986 · cited in 3 South Carolina opinions naming this issue, 1987–2021 2 sentences 2021See McCall v. Finley, 294 S.C. 1, 4 , 362 S.E.2d 26 , 28 (Ct. App. 1987) ("Appellate courts recognize—or at least they should recognize—an overriding rule of civil procedure which says: whatever doesn't make any difference, doesn't matter."); Cox, 290 S.C. at 248 , 349 S.E.2d at 94 (holding the appellant has the burden of showing an error was prejudicial). 3. 2021See McCall v. Finley, 294 S.C. 1, 4 , 362 S.E.2d 26 , 28 (Ct. App. 1987) ("Appellate courts recognize—or at least they should recognize—an overriding rule of civil procedure which says: whatever doesn't make any difference, doesn't matter."); Cox, 290 S.C. at 248 , 349 S.E.2d at 94 (holding the appellant has the burden of showing an error was prejudicial). 3.	2	3
State v. Jollygreen scctapp · 1991 · cited in 2 South Carolina opinions naming this issue, 2006–2016 2 sentences 2016See State v. Jolly, 304 S.C. 34, 39 , 402 S.E.2d 895, 898 (Ct. App. 1991) (noting our appellate courts recognize an overriding rule which says: "whatever doesn't make any difference, doesn't matter" (quoting McCall v. Finley, 294 S.C. 1, 4 , 362 S.E.2d 26 , 28 (Ct. App. 1987))). 2016See State v. Jolly, 304 S.C. 34, 39 , 402 S.E.2d 895, 898 (Ct. App. 1991) (noting our appellate courts recognize an overriding rule which says: "whatever doesn't make any difference, doesn't matter" (quoting McCall v. Finley, 294 S.C. 1, 4 , 362 S.E.2d 26 , 28 (Ct. App. 1987))).	2	2
Miles v. Milesgreen scctapp · 1990 · cited in 2 South Carolina opinions naming this issue, 2006–2010 2 sentences 2010See Miles v. Miles , 303 S.C. 33, 36 , 397 S.E.2d 790, 792 (Ct. App. 1990) (recognizing an overriding rule that "whatever doesn't make a difference, doesn't matter"). 5 . 2010See Miles v. Miles , 303 S.C. 33, 36 , 397 S.E.2d 790, 792 (Ct. App. 1990) (recognizing an overriding rule that "whatever doesn't make a difference, doesn't matter"). 5 .	2	2
Snyder's Auto World, Inc. v. George Coleman Motor Co.green scctapp · 1993 · cited in 1 South Carolina opinions naming this issue, 2018–2018 2 sentences 2018See Snyder's Auto World, Inc. v. George Coleman Motor Co., 315 S.C. 183, 186 , 434 S.E.2d 310, 312 (Ct. App. 1993) ("The burden is on the appellant to show not only error, but also prejudice."); McCall v. Finley, 294 S.C. 1, 4 , 362 S.E.2d 26 , 28 (Ct. App. 1987) ("Appellate courts recognize—or at least they should recognize—an overriding rule of civil procedure which says: whatever doesn't make any difference, doesn't matter."). 3. 2018See Snyder's Auto World, Inc. v. George Coleman Motor Co., 315 S.C. 183, 186 , 434 S.E.2d 310, 312 (Ct. App. 1993) ("The burden is on the appellant to show not only error, but also prejudice."); McCall v. Finley, 294 S.C. 1, 4 , 362 S.E.2d 26 , 28 (Ct. App. 1987) ("Appellate courts recognize—or at least they should recognize—an overriding rule of civil procedure which says: whatever doesn't make any difference, doesn't matter."). 3.	1	1
Hubbard v. Rowegreen sc · 1939 · cited in 1 South Carolina opinions naming this issue, 2014–2014 2 sentences 2014As to the remaining arguments: Hubbard v. Rowe, 192 S.C. 12, 12 , 5 S.E.2d 187, 189 (1939) ("[A]ll that this [c]ourt has ever required is that the questions presented for its decision must first have been fairly and properly raised in the lower [c]ourt and passed upon by that [c]ourt."). 2014As to the remaining arguments: Hubbard v. Rowe, 192 S.C. 12, 12 , 5 S.E.2d 187, 189 (1939) ("[A]ll that this [c]ourt has ever required is that the questions presented for its decision must first have been fairly and properly raised in the lower [c]ourt and passed upon by that [c]ourt.").	1	1
Brown v. Pearsongreen scctapp · 1997 · cited in 1 South Carolina opinions naming this issue, 2008–2008 2 sentences 2008See Brown v. Pearson, 326 S.C. 409, 417 , 483 S.E.2d 477, 481 (Ct.App.1997) (stating “[a]n error not shown to be prejudicial does not constitute grounds for reversal”); McCall v. Finley, 294 S.C. 1, 4 , 362 S.E.2d 26, 28 (Ct.App.1987) (“Appellate courts recognize ... an overriding rule of civil procedure which says: whatever doesn’t make any difference, doesn’t matter.”). 2008See Brown v. Pearson, 326 S.C. 409, 417 , 483 S.E.2d 477, 481 (Ct.App.1997) (stating “[a]n error not shown to be prejudicial does not constitute grounds for reversal”); McCall v. Finley, 294 S.C. 1, 4 , 362 S.E.2d 26, 28 (Ct.App.1987) (“Appellate courts recognize ... an overriding rule of civil procedure which says: whatever doesn’t make any difference, doesn’t matter.”).	1	1
McKissick v. J.F. Cleckley & Co.green scctapp · 1996 · cited in 1 South Carolina opinions naming this issue, 2003–2003 2 sentences 2003Cleckley & Co. , 325 S.C. 327, 350 , 479 S.E.2d 67, 78 (Ct. App. 1996) (An appellant seeking reversal must show error and prejudice); McCall v. Finley , 294 S.C. 1 , 362 S.E.2d 26 (Ct. App. 1987) (stating appellate courts should recognize an overriding rule of civil procedure which says whatever doesnt make any difference, doesnt matter). 2003Cleckley & Co. , 325 S.C. 327, 350 , 479 S.E.2d 67, 78 (Ct. App. 1996) (An appellant seeking reversal must show error and prejudice); McCall v. Finley , 294 S.C. 1 , 362 S.E.2d 26 (Ct. App. 1987) (stating appellate courts should recognize an overriding rule of civil procedure which says whatever doesnt make any difference, doesnt matter).	1	1
State v. Coxgreen sc · 1986 · cited in 1 South Carolina opinions naming this issue, 2001–2001 2 sentences 2001Cox, 290 S.C. at 492, 351 S.E.2d at 571-72 (emphasis in original) (citation omitted). 2001Cox, 290 S.C. at 492, 351 S.E.2d at 571-72 (emphasis in original) (citation omitted).	1	1
State v. Coxgreen sc · 1986 · cited in 1 South Carolina opinions naming this issue, 2001–2001 2 sentences 2001Cox, 290 S.C. at 492, 351 S.E.2d at 571-72 (emphasis in original) (citation omitted). 2001Cox, 290 S.C. at 492, 351 S.E.2d at 571-72 (emphasis in original) (citation omitted).	1	1
Morissette v. United Statesgreen scotus · 1952 · cited in 1 South Carolina opinions naming this issue, 1996–1996 2 sentences 1996In either case, this presumption would conflict with the overriding presumption of innocence with which the law endows the accused and which extends to every element of the crime. 524 Id. at 522 , 99 S.Ct. at 2458 , 61 L.Ed.2d at 49 -50 (quoting Morissette v. United States, 342 U.S. 246, 274-75 , 72 S.Ct. 240, 255-56 , 96 L.Ed. 288, 306-07 (1952)) (emphasis in Sandstrom). 1996In either case, this presumption would conflict with the overriding presumption of innocence with which the law endows the accused and which extends to every element of the crime. 524 Id. at 522 , 99 S.Ct. at 2458 , 61 L.Ed.2d at 49 -50 (quoting Morissette v. United States, 342 U.S. 246, 274-75 , 72 S.Ct. 240, 255-56 , 96 L.Ed. 288, 306-07 (1952)) (emphasis in Sandstrom).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (3)

Case	Cited	Years
California v. Carney green scotus · 1985 2 sentences 1986As the Court stated, “the pervasive schemes of regulation, which necessarily lead to reduced expectations of privacy, and the exigencies attendant to ready mobility justify searches [of vehicles] without prior recourse to the authority of a magistrate so long as the overriding standard of probable cause is met. ” [Emphasis supplied.] 471 U. S. at 392 , 105 S. Ct. at 2070 , 85 L. 1986As the Court stated, “the pervasive schemes of regulation, which necessarily lead to reduced expectations of privacy, and the exigencies attendant to ready mobility justify searches [of vehicles] without prior recourse to the authority of a magistrate so long as the overriding standard of probable cause is met. ” [Emphasis supplied.] 471 U. S. at 392 , 105 S. Ct. at 2070 , 85 L.	2	1986–1986
Sandstrom v. Montana green scotus · 1979 2 sentences 1996In either case, this presumption would conflict with the overriding presumption of innocence with which the law endows the accused and which extends to every element of the crime. 524 Id. at 522 , 99 S.Ct. at 2458 , 61 L.Ed.2d at 49 -50 (quoting Morissette v. United States, 342 U.S. 246, 274-75 , 72 S.Ct. 240, 255-56 , 96 L.Ed. 288, 306-07 (1952)) (emphasis in Sandstrom). 1996In either case, this presumption would conflict with the overriding presumption of innocence with which the law endows the accused and which extends to every element of the crime. 524 Id. at 522 , 99 S.Ct. at 2458 , 61 L.Ed.2d at 49 -50 (quoting Morissette v. United States, 342 U.S. 246, 274-75 , 72 S.Ct. 240, 255-56 , 96 L.Ed. 288, 306-07 (1952)) (emphasis in Sandstrom).	1	1996–1996
Cartee v. Cartee green scctapp · 1988 2 sentences 1992Cartee v. Cartee, 295 S.C. 103 , 366 S.E. (2d) 269 (Ct. App. 1988) (burden upon appellant to show error and resulting prejudice); McCall v. Finley, 294 S.C. 1 , 362 S.E. (2d) 26 (Ct. App. 1987) (appellate courts should recognize an overriding rule of civil procedure which says “whatever doesn’t make any difference, doesn’t matter”). 1992Cartee v. Cartee, 295 S.C. 103 , 366 S.E. (2d) 269 (Ct. App. 1988) (burden upon appellant to show error and resulting prejudice); McCall v. Finley, 294 S.C. 1 , 362 S.E. (2d) 26 (Ct. App. 1987) (appellate courts should recognize an overriding rule of civil procedure which says “whatever doesn’t make any difference, doesn’t matter”).	1	1992–1992

Where else courts name it

LA 70 (1974–2024) CA 61 (1972–2026) OH 45 (1983–2026) FL 43 (1961–2025) TX 42 (1982–2023) MI 37 (1966–2026) NY 36 (1956–2024) SC 32 (1986–2023) PA 30 (1966–2026) IL 29 (1964–2020) NJ 28 (1953–2025) MT 23 (1959–2020) VA 23 (1985–2026) WA 22 (1977–2025) MO 16 (1959–2024) IA 14 (1982–2023) WI 13 (1955–2025) TN 12 (1980–2024) MN 11 (1984–2005) OR 10 (1980–2024) CO 9 (1974–2005) CT 9 (1980–2015) MD 9 (1984–2011) NC 8 (1980–2026) AR 7 (1992–2016) MA 7 (1980–2025) KS 7 (1969–2020) UT 7 (1987–2022) KY 6 (1961–2023) RI 6 (2004–2017) NM 5 (1991–2020) ND 4 (1998–2013) GA 4 (1983–2025) ME 4 (1975–2018) AZ 4 (1977–2015) ID 4 (1980–2025) NH 4 (1993–2018) OK 4 (1983–2018) WV 4 (1975–2019) IN 4 (1976–2014) HI 4 (2005–2014) SD 3 (1984–1992) AK 3 (1979–2018) AL 3 (1984–2015) MS 3 (2001–2024) DC 3 (1987–2013)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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