burden of showing error (South Carolina) · Go Syfert
← South Carolina issues

burden of showing error in South Carolina

29 South Carolina opinions name it 2 courts 1977–2023 4 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 (14)

CaseFollowedCited
Lewis v. Lewisgreen
scctapp · 2012 · cited in 8 South Carolina opinions naming this issue, 2013–2019
2 sentences

2019Code Ann. § 63-3-530 (38) (2010) ("Suit money, including attorney's fees, may be assessed for or against a party to an action brought in or subject to the jurisdiction of the family court."); Teeter v. Teeter, 408 S.C. 485, 500 , 759 S.E.2d 144, 152 (Ct. App. 2014) ("In deciding whether to award attorney's fees and costs, the court should consider the following factors: (1) the ability of the party to pay the fees; (2) beneficial results obtained; (3) the financial conditions of the parties; and (4) the effect a fee award will have on the party's standard of living."); Lewis v. Lewis, 400 S.C.

2019Code Ann. § 63-3-530 (38) (2010) ("Suit money, including attorney's fees, may be assessed for or against a party to an action brought in or subject to the jurisdiction of the family court."); Teeter v. Teeter, 408 S.C. 485, 500 , 759 S.E.2d 144, 152 (Ct. App. 2014) ("In deciding whether to award attorney's fees and costs, the court should consider the following factors: (1) the ability of the party to pay the fees; (2) beneficial results obtained; (3) the financial conditions of the parties; and (4) the effect a fee award will have on the party's standard of living."); Lewis v. Lewis, 400 S.C.

88
In Re the Care & Treatment of Tuckergreen
sc · 2003 · cited in 4 South Carolina opinions naming this issue, 2017–2023
2 sentences

2023Because evidence in the record reasonably supports the trial court's order, we affirm pursuant to Rule 220(b), SCACR, and the following authorities: In re Care & Treatment of Tucker, 353 S.C. 466, 470 , 578 S.E.2d 719, 721 (2003) ("On review, the appellate court will not disturb the hearing court's finding on probable cause unless found to be without evidence that reasonably supports the hearing court's finding."); id. at 470 , 578 S.E.2d at 722 ("In a [section] 44-48-110 probable cause hearing, the committed person has the burden of showing the hearing court that probable cause exists to beli

2023Because evidence in the record reasonably supports the trial court's order, we affirm pursuant to Rule 220(b), SCACR, and the following authorities: In re Care & Treatment of Tucker, 353 S.C. 466, 470 , 578 S.E.2d 719, 721 (2003) ("On review, the appellate court will not disturb the hearing court's finding on probable cause unless found to be without evidence that reasonably supports the hearing court's finding."); id. at 470 , 578 S.E.2d at 722 ("In a [section] 44-48-110 probable cause hearing, the committed person has the burden of showing the hearing court that probable cause exists to beli

44
Snyder's Auto World, Inc. v. George Coleman Motor Co.green
scctapp · 1993 · cited in 3 South Carolina opinions naming this issue, 2007–2017
2 sentences

2017See Snyder's Auto World, Inc. v. George Coleman Motor Co., 315 S.C. 183, 186 , 434 S.E.2d 310, 312 (Ct. App. 1993) (stating the appellant has the burden of showing error).

2017See Snyder's Auto World, Inc. v. George Coleman Motor Co., 315 S.C. 183, 186 , 434 S.E.2d 310, 312 (Ct. App. 1993) (stating the appellant has the burden of showing error).

33
Edm v. Tamgreen
sc · 1992 · cited in 3 South Carolina opinions naming this issue, 2013–2015
2 sentences

2015As to the family court's award of attorney's fees to Mother: Lewis v. Lewis, 400 S.C. 354, 372 , 734 S.E.2d 322, 331 (Ct. App. 2012) ("The decision to award attorney's fees is within the family court's sound discretion, and although appellate review of such an award is de novo, the appellant still has the burden of showing error in the family court's findings of fact."); E.D.M. v. T.A.M., 307 S.C. 471 , 476- 77, 415 S.E.2d 812, 816 (1992) (holding the family court should consider the following factors when determining whether to award attorney's fees: (1) the party's ability to pay her own att

2015As to the family court's award of attorney's fees to Mother: Lewis v. Lewis, 400 S.C. 354, 372 , 734 S.E.2d 322, 331 (Ct. App. 2012) ("The decision to award attorney's fees is within the family court's sound discretion, and although appellate review of such an award is de novo, the appellant still has the burden of showing error in the family court's findings of fact."); E.D.M. v. T.A.M., 307 S.C. 471 , 476- 77, 415 S.E.2d 812, 816 (1992) (holding the family court should consider the following factors when determining whether to award attorney's fees: (1) the party's ability to pay her own att

33
First Savings Bank v. McLeangreen
sc · 1994 · cited in 3 South Carolina opinions naming this issue, 2003–2003
2 sentences

2003The remainder of Michael’s issues on appeal are deemed abandoned and are affirmed pursuant to Rule 220(b), SCACR and the following authorities: First Savings Bank v. McLean , 314 S.C. 361, 363 , 444 S.E.2d 513, 514 (1994) (Appellant has abandoned his issues where he fails to “provide arguments or supporting authority for his assertion.” The party challenging the ruling below has the burden of showing error.); Fields v. Melrose Ltd.

2003The remainder of Michael’s issues on appeal are deemed abandoned and are affirmed pursuant to Rule 220(b), SCACR and the following authorities: First Savings Bank v. McLean , 314 S.C. 361, 363 , 444 S.E.2d 513, 514 (1994) (Appellant has abandoned his issues where he fails to “provide arguments or supporting authority for his assertion.” The party challenging the ruling below has the burden of showing error.); Fields v. Melrose Ltd.

33
Fields v. Melrose Ltd. Partnershipgreen
scctapp · 1993 · cited in 3 South Carolina opinions naming this issue, 2003–2003
2 sentences

2003P’ship , 312 S.C. 102 , 106 n.3, 439 S.E.2d 283, 285, n.3 (Ct. App. 1993) (An issue is deemed abandoned on appeal, and therefore, not presented for review, if it is argued in a short, conclusory statement without supporting authority.); Video Gaming Consultants, Inc. v. S.C.

2003P’ship , 312 S.C. 102 , 106 n.3, 439 S.E.2d 283, 285, n.3 (Ct. App. 1993) (An issue is deemed abandoned on appeal, and therefore, not presented for review, if it is argued in a short, conclusory statement without supporting authority.); Video Gaming Consultants, Inc. v. S.C.

33
McCall v. Finleygreen
scctapp · 1987 · cited in 2 South Carolina opinions naming this issue, 2013–2021
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.

22
Cox v. Coxgreen
scctapp · 1986 · cited in 2 South Carolina opinions naming this issue, 2013–2021
2 sentences

2021See Tipton v. Tipton, 351 S.C. 456, 458-59 , 570 S.E.2d 195, 196 (Ct. App. 2002) (finding when the husband did not appeal a determination by the family court, that ruling was the law of the case); Cox v. Cox, 290 S.C. 245, 248 , 349 S.E.2d 92, 94 (Ct. App. 1986) (holding the appellant has the burden of showing an error was prejudicial). 2.

2021See Tipton v. Tipton, 351 S.C. 456, 458-59 , 570 S.E.2d 195, 196 (Ct. App. 2002) (finding when the husband did not appeal a determination by the family court, that ruling was the law of the case); Cox v. Cox, 290 S.C. 245, 248 , 349 S.E.2d 92, 94 (Ct. App. 1986) (holding the appellant has the burden of showing an error was prejudicial). 2.

22
Chisholm v. Chisholmgreen
sc · 2012 · cited in 2 South Carolina opinions naming this issue, 2012–2012
2 sentences

2012Chisholm v. Chisholm, 396 S.C. 507, 510 , 722 S.E.2d 222, 223-24 (2012).

2012Chisholm v. Chisholm, 396 S.C. 507, 510 , 722 S.E.2d 222, 223-24 (2012).

22
Cook v. Ellergreen
scctapp · 1989 · cited in 2 South Carolina opinions naming this issue, 2007–2007
2 sentences

2007Snyder’s Auto World, Inc. v. George Coleman Motor Co., Inc. , 315 S.C. 183, 186 , 434 S.E.2d 310, 312 (Ct. App. 1993); Cook v. Eller , 298 S.C. 395, 398 , 380 S.E.2d 853, 855 (Ct. App. 1989).

2007Snyder’s Auto World, Inc. v. George Coleman Motor Co., Inc. , 315 S.C. 183, 186 , 434 S.E.2d 310, 312 (Ct. App. 1993); Cook v. Eller , 298 S.C. 395, 398 , 380 S.E.2d 853, 855 (Ct. App. 1989).

22
Tipton v. Tiptongreen
scctapp · 2002 · cited in 1 South Carolina opinions naming this issue, 2021–2021
2 sentences

2021See Tipton v. Tipton, 351 S.C. 456, 458-59 , 570 S.E.2d 195, 196 (Ct. App. 2002) (finding when the husband did not appeal a determination by the family court, that ruling was the law of the case); Cox v. Cox, 290 S.C. 245, 248 , 349 S.E.2d 92, 94 (Ct. App. 1986) (holding the appellant has the burden of showing an error was prejudicial). 2.

2021See Tipton v. Tipton, 351 S.C. 456, 458-59 , 570 S.E.2d 195, 196 (Ct. App. 2002) (finding when the husband did not appeal a determination by the family court, that ruling was the law of the case); Cox v. Cox, 290 S.C. 245, 248 , 349 S.E.2d 92, 94 (Ct. App. 1986) (holding the appellant has the burden of showing an error was prejudicial). 2.

11
Teeter v. Teetergreen
scctapp · 2014 · cited in 1 South Carolina opinions naming this issue, 2019–2019
2 sentences

2019Code Ann. § 63-3-530 (38) (2010) ("Suit money, including attorney's fees, may be assessed for or against a party to an action brought in or subject to the jurisdiction of the family court."); Teeter v. Teeter, 408 S.C. 485, 500 , 759 S.E.2d 144, 152 (Ct. App. 2014) ("In deciding whether to award attorney's fees and costs, the court should consider the following factors: (1) the ability of the party to pay the fees; (2) beneficial results obtained; (3) the financial conditions of the parties; and (4) the effect a fee award will have on the party's standard of living."); Lewis v. Lewis, 400 S.C.

2019Code Ann. § 63-3-530 (38) (2010) ("Suit money, including attorney's fees, may be assessed for or against a party to an action brought in or subject to the jurisdiction of the family court."); Teeter v. Teeter, 408 S.C. 485, 500 , 759 S.E.2d 144, 152 (Ct. App. 2014) ("In deciding whether to award attorney's fees and costs, the court should consider the following factors: (1) the ability of the party to pay the fees; (2) beneficial results obtained; (3) the financial conditions of the parties; and (4) the effect a fee award will have on the party's standard of living."); Lewis v. Lewis, 400 S.C.

11
Griffith v. Griffithgreen
scctapp · 1998 · cited in 1 South Carolina opinions naming this issue, 2015–2015
2 sentences

2015As to the family court's award of attorney's fees to Mother: Lewis v. Lewis, 400 S.C. 354, 372 , 734 S.E.2d 322, 331 (Ct. App. 2012) ("The decision to award attorney's fees is within the family court's sound discretion, and although appellate review of such an award is de novo, the appellant still has the burden of showing error in the family court's findings of fact."); E.D.M. v. T.A.M., 307 S.C. 471 , 476- 77, 415 S.E.2d 812, 816 (1992) (holding the family court should consider the following factors when determining whether to award attorney's fees: (1) the party's ability to pay her own att

2015As to the family court's award of attorney's fees to Mother: Lewis v. Lewis, 400 S.C. 354, 372 , 734 S.E.2d 322, 331 (Ct. App. 2012) ("The decision to award attorney's fees is within the family court's sound discretion, and although appellate review of such an award is de novo, the appellant still has the burden of showing error in the family court's findings of fact."); E.D.M. v. T.A.M., 307 S.C. 471 , 476- 77, 415 S.E.2d 812, 816 (1992) (holding the family court should consider the following factors when determining whether to award attorney's fees: (1) the party's ability to pay her own att

11
People v. Hardacregreen
calctapp · 2001 · cited in 1 South Carolina opinions naming this issue, 2003–2003
2 sentences

2003See People v. Hardacre, 90 Cal.App.4th 1392 , 109 Cal.Rptr.2d 667 (2001) (at show cause hearing, committed person must establish probable cause to believe his mental condition has changed so that he is no longer a danger to others).

2003See People v. Hardacre, 90 Cal.App.4th 1392 , 109 Cal.Rptr.2d 667 (2001) (at show cause hearing, committed person must establish probable cause to believe his mental condition has changed so that he is no longer a danger to others).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
Horton Ex Rel. Estate of Scott v. Greyhound Corp. green
sc · 1962
2 sentences

1989Horton v. Greyhound Corporation, 241 S. C. 430, 128 S. E. (2d) 776 (1962).

1988Duckett v. Payne, 279 S. C. 94, 302 S. E. (2d) 342 (1983); Horton v. Greyhound Corporation, 241 S. C. 430, 128 S. E. (2d) 776 (1962).

21988–1989
State v. Peake green
sc · 1987
2 sentences

1996“A statement induced by a promise of leniency is involuntary only if so connected with the inducement as to be a consequence of the promise.” Peake, 291 S.C. at 139 , 352 S.E.2d at 488 . *306 In State v. Doby, 273 S.C. 704 , 258 S.E.2d 896 (1979), our Supreme Court addressed the voluntariness requirement of a waiver of rights: The signing of the waiver form alone is not conclusive; the State still has the burden of showing the waiver was voluntary.

1996“A statement induced by a promise of leniency is involuntary only if so connected with the inducement as to be a consequence of the promise.” Peake, 291 S.C. at 139 , 352 S.E.2d at 488 . *306 In State v. Doby, 273 S.C. 704 , 258 S.E.2d 896 (1979), our Supreme Court addressed the voluntariness requirement of a waiver of rights: The signing of the waiver form alone is not conclusive; the State still has the burden of showing the waiver was voluntary.

11996–1996
State v. Doby green
sc · 1979
2 sentences

1996“A statement induced by a promise of leniency is involuntary only if so connected with the inducement as to be a consequence of the promise.” Peake, 291 S.C. at 139 , 352 S.E.2d at 488 . *306 In State v. Doby, 273 S.C. 704 , 258 S.E.2d 896 (1979), our Supreme Court addressed the voluntariness requirement of a waiver of rights: The signing of the waiver form alone is not conclusive; the State still has the burden of showing the waiver was voluntary.

1996“A statement induced by a promise of leniency is involuntary only if so connected with the inducement as to be a consequence of the promise.” Peake, 291 S.C. at 139 , 352 S.E.2d at 488 . *306 In State v. Doby, 273 S.C. 704 , 258 S.E.2d 896 (1979), our Supreme Court addressed the voluntariness requirement of a waiver of rights: The signing of the waiver form alone is not conclusive; the State still has the burden of showing the waiver was voluntary.

11996–1996
Dicks & Gillam, Inc. v. Cleland green
scctapp · 1988
1 sentence

1989Dicks & Gillam, Inc. v. Cleland, 295 S. C. 124, 367 S. E. (2d) 430 (Ct. App. 1988).

11989–1989
Duckett v. Payne green
sc · 1983
1 sentence

1988Duckett v. Payne, 279 S. C. 94, 302 S. E. (2d) 342 (1983); Horton v. Greyhound Corporation, 241 S. C. 430, 128 S. E. (2d) 776 (1962).

11988–1988
State v. Pendergrass green
sc · 1977
1 sentence

1979State v. Pendergrass, 270 S. C. 1, 239 S. E. (2d) 750 (1977).

11979–1979
Ingoglia v. Spitzer green
scotus · 1969
1 sentence

1977Soolook v. State, Alaska, 447 P. (2d) 55 , cert. denied, 396 U. S. 850 , 90 S. Ct. 107 , 24 L.

11977–1977
Soolook v. State green
alaska · 1968
1 sentence

1977Soolook v. State, Alaska, 447 P. (2d) 55 , cert. denied, 396 U. S. 850 , 90 S. Ct. 107 , 24 L.

11977–1977

Statutes the citing opinions construe

SC § S.C. Code Ann. § 44-48-110 (5) SC § S.C. Code Ann. § 20-3-130 (4) SC § S.C. Code Ann. § 20-3-620 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 405 (1980–2026) GA 147 (1906–2026) CA 133 (1895–2026) NM 94 (1897–2026) MN 59 (1983–2026) WV 52 (1966–2026) MO 37 (1915–2025) ID 33 (1927–2021) LA 31 (1978–2018) SC 29 (1977–2023) SD 29 (1997–2026) ND 28 (1901–2026) NC 25 (1921–2021) TX 24 (1927–2020) WA 23 (1971–2024) FL 17 (1939–2016) IN 16 (1905–2014) IL 15 (1980–2026) IA 13 (1979–2017) AL 11 (1920–2025) KS 11 (1987–2025) ME 10 (1947–2023) AZ 8 (2009–2023) MA 7 (1935–2002) NY 7 (1894–1994) UT 7 (1964–2018) CO 7 (1913–2018) MT 6 (1910–2004) HI 6 (1967–2020) WI 5 (1976–2012) PA 5 (1941–2019) WY 4 (1969–2025) VT 4 (2001–2018) VA 4 (1935–2008) NJ 3 (1953–2011) MD 3 (1923–2015) OR 3 (1901–2012) TN 3 (1981–2012) GU 3 (2023–2025) AR 2 (2001–2005) DE 2 (2024–2025) NV 2 (1980–2015)

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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