exhaustion of administrative remedies is generally doctrine (South Carolina) · Go Syfert
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exhaustion of administrative remedies is generally doctrine in South Carolina

7 South Carolina opinions name it 2 courts 1998–2024 1 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 (1)

CaseFollowedCited
Vaught v. Waitesgreen
scctapp · 1989 · cited in 3 South Carolina opinions naming this issue, 1998–2005
2 sentences

2005However, the Supreme Court of South Carolina has also found that “[t]he doctrine of exhaustion of administrative remedies is generally considered a rule of ‘policy, convenience and discretion, rather than one of law, and is not jurisdictional,’ ” and “[t]he failure to exhaust administrative remedies goes to the prematurity of a case, not subject matter jurisdiction.” Ward v. State, 343 S.C. 14 , 17 n. 5, 538 S.E.2d 245 , 246 n. 5 (2000) (citing Vaught v. Waites, 300 S.C. 201, 205 , 387 S.E.2d 91, 93 (Ct.App.1989)).

2005However, the Supreme Court of South Carolina has also found that “[t]he doctrine of exhaustion of administrative remedies is generally considered a rule of ‘policy, convenience and discretion, rather than one of law, and is not jurisdictional,’ ” and “[t]he failure to exhaust administrative remedies goes to the prematurity of a case, not subject matter jurisdiction.” Ward v. State, 343 S.C. 14 , 17 n. 5, 538 S.E.2d 245 , 246 n. 5 (2000) (citing Vaught v. Waites, 300 S.C. 201, 205 , 387 S.E.2d 91, 93 (Ct.App.1989)).

33

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 (6)

CaseCitedYears
Ward v. State green
sc · 2000
2 sentences

2013As this Court has explained, “[t]he doctrine of exhaustion of administrative remedies is generally considered a rule of policy, convenience and discretion, rather than one of law, and is not jurisdictional.” Ward v. State, 343 S.C. 14 , 17 n. 5, 538 S.E.2d 245 , 246 n. 5 (2000) (citations omitted).

2013As this Court has explained, “[t]he doctrine of exhaustion of administrative remedies is generally considered a rule of policy, convenience and discretion, rather than one of law, and is not jurisdictional.” Ward v. State, 343 S.C. 14 , 17 n. 5, 538 S.E.2d 245 , 246 n. 5 (2000) (citations omitted).

32005–2013
Andrews Bearing Corp. v. Brady green
sc · 1973
2 sentences

2000"The doctrine of exhaustion of administrative remedies is generally considered a rule of ‘policy, convenience and discretion, rather than one of law, and is not jurisdictional.’ ” Vaught v. Waites, 300 S.C. 201, 205 , 387 S.E.2d 91, 93 (Ct.App.1989) (citing Andrews Bearing Corp. v. Brady, 261 S.C. 533 , 201 S.E.2d 241 (1973)).

2000"The doctrine of exhaustion of administrative remedies is generally considered a rule of ‘policy, convenience and discretion, rather than one of law, and is not jurisdictional.’ ” Vaught v. Waites, 300 S.C. 201, 205 , 387 S.E.2d 91, 93 (Ct.App.1989) (citing Andrews Bearing Corp. v. Brady, 261 S.C. 533 , 201 S.E.2d 241 (1973)).

21998–2000
Hyde v. South Carolina Department of Mental Health green
sc · 1994
2 sentences

2024"Where an adequate administrative remedy is available to determine a question of fact, one must pursue the administrative remedy or be precluded from seeking relief in the courts." Hyde, 314 S.C. at 208 , 442 S.E.2d at 583 . "[T]he doctrine of exhaustion of administrative remedies is generally considered a rule of policy, convenience and discretion, rather than one of law, and is not jurisdictional." Cox, 441 S.C. at 218, 893 S.E.2d at 347 (alteration in original) (quoting Storm M.H. ex rel.

2024"Where an adequate administrative remedy is available to determine a question of fact, one must pursue the administrative remedy or be precluded from seeking relief in the courts." Hyde, 314 S.C. at 208 , 442 S.E.2d at 583 . "[T]he doctrine of exhaustion of administrative remedies is generally considered a rule of policy, convenience and discretion, rather than one of law, and is not jurisdictional." Cox, 441 S.C. at 218, 893 S.E.2d at 347 (alteration in original) (quoting Storm M.H. ex rel.

12024–2024
Adamson v. Richland County School District One green
scctapp · 1998
2 sentences

2009Adamson, 332 S.C. at 125 , 503 S.E.2d at 754 .

2009Adamson, 332 S.C. at 125 , 503 S.E.2d at 754 .

12009–2009
Dove v. Gold Kist, Inc. green
sc · 1994
2 sentences

2000Further, "[sjubject matter jurisdiction is the power to hear and determine cases of the general class to which the proceedings in question belong.” Dove v. Gold Kist, Inc., 314 S.C. 235 , 442 S.E.2d 598 (1994).

2000Further, "[sjubject matter jurisdiction is the power to hear and determine cases of the general class to which the proceedings in question belong.” Dove v. Gold Kist, Inc., 314 S.C. 235 , 442 S.E.2d 598 (1994).

12000–2000
Ex Parte Allstate Ins. Co. green
sc · 1966
2 sentences

1998Co., 248 S.C. 550 , 151 S.E.2d 849 (1966).

1998Co., 248 S.C. 550 , 151 S.E.2d 849 (1966).

11998–1998

Statutes the citing opinions construe

SC § S.C. Code Ann. § 1-23-380 (5)

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.

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