merit hearing (South Carolina) · Go Syfert
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merit hearing in South Carolina

12 South Carolina opinions name it 1 courts 1999–2020 0 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 (7)

CaseFollowedCited
Hooper v. Rockwellgreen
sc · 1999 · cited in 12 South Carolina opinions naming this issue, 1999–2020
2 sentences

2020See Hooper v. Rockwell, 334 S.C. 281, 291 , 513 S.E.2d 358, 364 (1999) ("[A]ny order issued as a result of a merit hearing, as well as any later order issued with regard to a treatment, placement, or permanent plan, is a final order that a party must timely appeal."); Rule 203, SCACR ("A notice of appeal shall be served on all respondents within thirty (30) days after receipt of written notice of entry of the order or judgment.").

2020See Hooper v. Rockwell, 334 S.C. 281, 291 , 513 S.E.2d 358, 364 (1999) ("[A]ny order issued as a result of a merit hearing, as well as any later order issued with regard to a treatment, placement, or permanent plan, is a final order that a party must timely appeal."); Rule 203, SCACR ("A notice of appeal shall be served on all respondents within thirty (30) days after receipt of written notice of entry of the order or judgment.").

1112
Ex Parte Morrisgreen
sc · 2006 · cited in 2 South Carolina opinions naming this issue, 2011–2019
2 sentences

2019Thus, Grandmother's arguments regarding Foster Parents' intervention and the placement decision in the November 2016 order are not properly before this court.3 See Hooper v. Rockwell, 334 S.C. 281, 291 , 513 S.E.2d 358, 364 (1999) ("[A]ny order issued as a result of a merit hearing, as well as any later order issued with regard to a treatment, placement, or permanent plan, is a final order that a party must timely appeal."); id. at 292 , 513 S.E.2d at 364 (providing a party must "timely appeal any subsequent orders of the family court regarding the custody of [the] children or the treatment pl

2019Thus, Grandmother's arguments regarding Foster Parents' intervention and the placement decision in the November 2016 order are not properly before this court.3 See Hooper v. Rockwell, 334 S.C. 281, 291 , 513 S.E.2d 358, 364 (1999) ("[A]ny order issued as a result of a merit hearing, as well as any later order issued with regard to a treatment, placement, or permanent plan, is a final order that a party must timely appeal."); id. at 292 , 513 S.E.2d at 364 (providing a party must "timely appeal any subsequent orders of the family court regarding the custody of [the] children or the treatment pl

22
Terry v. Terrygreen
sc · 2012 · cited in 1 South Carolina opinions naming this issue, 2017–2017
2 sentences

2017The family court at the final hearing has the authority to redress any error from the temporary order."); id. at 457 , 734 S.E.2d at 648 ("If a party desires to challenge the family court's final resolution of the matter, the aggrieved party may appeal from final judgment."); Hooper v. Rockwell, 334 S.C. 281, 291 , 513 S.E.2d 358, 363 (1999) ("[A]n order issued as a result of a probable cause hearing in an emergency removal case is interlocutory in nature and not immediately appealable."); id. at 291 , 513 S.E.2d at 364 ("However, any order issued as a result of a merit hearing, as well as any

2017The family court at the final hearing has the authority to redress any error from the temporary order."); id. at 457 , 734 S.E.2d at 648 ("If a party desires to challenge the family court's final resolution of the matter, the aggrieved party may appeal from final judgment."); Hooper v. Rockwell, 334 S.C. 281, 291 , 513 S.E.2d 358, 363 (1999) ("[A]n order issued as a result of a probable cause hearing in an emergency removal case is interlocutory in nature and not immediately appealable."); id. at 291 , 513 S.E.2d at 364 ("However, any order issued as a result of a merit hearing, as well as any

11
Reiss v. Reissgreen
scctapp · 2011 · cited in 1 South Carolina opinions naming this issue, 2011–2011
2 sentences

2011As to whether the family court erred in allowing DSS to argue that TPR was the only placement option for Child because section 63-7-1700(F) does not permit an extension of the permanency placement plan beyond eighteen months after Child was placed in foster care: Hooper v. Rockwell , 334 S.C. 281, 291 , 513 S.E.2d 358, 364 (1999) ("[A]ny order issued as a result of a merit hearing, as well as any later order issued with regard to a treatment, placement, or permanent plan, is a final order that a party must timely appeal."); Reiss v. Reiss , 392 S.C. 198, 206-07 , 708 S.E.2d 799, 803 (Ct. App.

2011As to whether the family court erred in allowing DSS to argue that TPR was the only placement option for Child because section 63-7-1700(F) does not permit an extension of the permanency placement plan beyond eighteen months after Child was placed in foster care: Hooper v. Rockwell , 334 S.C. 281, 291 , 513 S.E.2d 358, 364 (1999) ("[A]ny order issued as a result of a merit hearing, as well as any later order issued with regard to a treatment, placement, or permanent plan, is a final order that a party must timely appeal."); Reiss v. Reiss , 392 S.C. 198, 206-07 , 708 S.E.2d 799, 803 (Ct. App.

11
Lewis v. Lewisgreen
sc · 2011 · cited in 1 South Carolina opinions naming this issue, 2011–2011
2 sentences

2011As to whether the family court erred in giving too much weight to the testimony of the foster parent and potential adoptive parent for the best interest of the child analysis: Lewis v. Lewis , 392 S.C. 381, 388-89 , 709 S.E.2d 650, 653-54 (2011) (noting although this court reviews the family court's findings de novo, we are not required to ignore the fact that the family court, who saw and heard the witnesses, was in a better position to evaluate their credibility and assign comparative weight to their testimony); Ex parte Morris , 367 S.C. 56 , 61-62, 624 S.E.2d 649, 652 (2006) ("This broad s

2011As to whether the family court erred in giving too much weight to the testimony of the foster parent and potential adoptive parent for the best interest of the child analysis: Lewis v. Lewis , 392 S.C. 381, 388-89 , 709 S.E.2d 650, 653-54 (2011) (noting although this court reviews the family court's findings de novo, we are not required to ignore the fact that the family court, who saw and heard the witnesses, was in a better position to evaluate their credibility and assign comparative weight to their testimony); Ex parte Morris , 367 S.C. 56 , 61-62, 624 S.E.2d 649, 652 (2006) ("This broad s

11
Cherry v. Thomassongreen
sc · 1981 · cited in 1 South Carolina opinions naming this issue, 2006–2006
2 sentences

2006We recognize the mother’s concern that the permanency planning order may not have been ripe for appeal because it was at least arguable that there had never been a full merits on the matter; however, such a serious procedural defect, if applicable, should have provided an even greater incentive for an appeal. [6] See Cherry v. Thomasson , 276 S.C. 524, 525 , 280 S.E. 2d 541, 541 (1981) (noting the standard of review in equity cases “does not require [the appellate court] to disregard the findings below nor ignore the better vantage point the trial judge occupies in determining witness credibil

2006We recognize the mother’s concern that the permanency planning order may not have been ripe for appeal because it was at least arguable that there had never been a full merits on the matter; however, such a serious procedural defect, if applicable, should have provided an even greater incentive for an appeal. [6] See Cherry v. Thomasson , 276 S.C. 524, 525 , 280 S.E. 2d 541, 541 (1981) (noting the standard of review in equity cases “does not require [the appellate court] to disregard the findings below nor ignore the better vantage point the trial judge occupies in determining witness credibil

11
Cheuk Wai Chan v. Thompsongreen
scctapp · 1990 · cited in 1 South Carolina opinions naming this issue, 1999–1999
2 sentences

1999Hooper v. Rockwell, 334 S.C. 281 , 513 S.E.2d 358 (1999) (holding any order issued as a result of a merit hearing, as well as any later order issued with regard to a treatment, placement, or permanent plan, is a final order that a party must timely appeal); see also Chan v. Thompson, 302 S.C. 285, 293 , 395 S.E.2d 731, 736 (Ct.App.1990) (unappealed finding becomes the law of the case).

1999Hooper v. Rockwell, 334 S.C. 281 , 513 S.E.2d 358 (1999) (holding any order issued as a result of a merit hearing, as well as any later order issued with regard to a treatment, placement, or permanent plan, is a final order that a party must timely appeal); see also Chan v. Thompson, 302 S.C. 285, 293 , 395 S.E.2d 731, 736 (Ct.App.1990) (unappealed finding becomes the law of the case).

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 (1)

CaseCitedYears
SC DEPT. OF SOC. SERVICES v. Beeks green
sc · 1997
2 sentences

2006Servs. v. Beeks , 325 S.C. 243 , 246, 481 S.E.2d 703 , 705 (1997) (“The fundamental requirement of due process is the opportunity to be heard at a meaningful time and in a meaningful manner.”). [5] See Hooper v. Rockwell , 334 S.C. 281, 291 , 513 S.E.2d 358, 364 (1999) (“[A]ny order issued as a result of a merit hearing, as well as any later order issued with regard to a treatment, placement, or permanent plan , is a final order that a party must timely appeal.”) (emphasis added).

2006Servs. v. Beeks , 325 S.C. 243 , 246, 481 S.E.2d 703 , 705 (1997) (“The fundamental requirement of due process is the opportunity to be heard at a meaningful time and in a meaningful manner.”). [5] See Hooper v. Rockwell , 334 S.C. 281, 291 , 513 S.E.2d 358, 364 (1999) (“[A]ny order issued as a result of a merit hearing, as well as any later order issued with regard to a treatment, placement, or permanent plan , is a final order that a party must timely appeal.”) (emphasis added).

12006–2006

Statutes the citing opinions construe

SC § S.C. Code Ann. § 63-7-2570 (3) SC § S.C. Code Ann. § 63-7-2620 (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

CA 255 (1925–2026) NY 148 (1927–2026) PA 43 (1926–2026) TX 19 (1934–2025) FL 19 (1961–2025) IL 12 (1948–2003) SC 12 (1999–2020) OH 10 (1976–2013) LA 10 (1927–2025) NC 10 (1928–2026) MI 8 (1945–2011) OK 7 (1964–2013) HI 7 (1983–2025) CT 7 (1971–2000) AL 7 (1913–2022) MD 5 (1940–2010) AR 5 (2009–2015) IA 4 (1968–2013) NJ 4 (1956–2026) AK 4 (1992–2004) NV 4 (1978–2022) ND 4 (1972–1998) KY 4 (1936–2012) GA 4 (2003–2021) MA 3 (1966–2007) IN 3 (1980–1983) WA 3 (2004–2020) DE 3 (1980–2014) AZ 3 (1968–2015) MO 3 (1984–2013) KS 2 (1923–2017) CO 2 (1976–1986) PR 2 (1967–1970) TN 2 (2003–2021) OR 2 (1967–2025)

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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