(a) Except as limited by subsection (b) and Section 14-8-260, the court has jurisdiction over any case in which an appeal is taken from an order, judgment, or decree of the circuit court, family court, a final decision of an agency, a final decision of an administrative law judge, or the final decision of the Workers' Compensation Commission. This jurisdiction is appellate only, and the court shall apply the same scope of review that the Supreme Court would apply in a similar case. The court has the same authority to issue writs of supersedeas, grant stays, and grant petitions for bail as the Supreme Court would have in a similar case. The court, to the extent the Supreme Court may by rule provide for it to do so, has jurisdiction to entertain petitions for writs of certiorari in post-conviction relief matters pursuant to Section 17-27-100.
(b) Jurisdiction of the court does not extend to appeals of the following, the appeal from which lies of right directly to the Supreme Court:
(1) a final judgment from the circuit court which includes a sentence of death;
(2) a final decision of the Public Service Commission setting public utility rates pursuant to Title 58;
(3) a final judgment involving a challenge on state or federal grounds, to the constitutionality of a state law or county or municipal ordinance where the principal issue is one of the constitutionality of the law or ordinance; however, in a case where the Supreme Court finds that the constitutional question raised is not a significant one, the Supreme Court may transfer the case to the court for final judgment;
(4) a final judgment from the circuit court involving the authorization, issuance, or proposed issuance of general obligation debt, revenue, institutional, industrial, or hospital bonds of the State, its agencies, political subdivisions, public service districts, counties, and municipalities, or any other indebtedness authorized by Article X of the Constitution of this State;
(5) a final judgment from the circuit court pertaining to elections and election procedure;
(6) an order limiting an investigation by a state grand jury pursuant to Section 14-7-1630; and
(7) an order of the family court relating to an abortion by a minor pursuant to Section 44-41-33.
HISTORY: 1979 Act No. 164 Part IV-A Section 1, eff July 1, 1979; 1979 Act No. 194 Part III Section 5, apparently effective Aug. 8, 1979; 1983 Act No. 89 Section 1, eff June 2, 1983; 1983 Act No. 90 Section 2, eff July 1, 1985; 1999 Act No. 55, Section 14, eff June 1, 1999; 2006 Act No. 387, Section 15, eff July 1, 2006; 2007 Act No. 111, Pt I, Section 2, eff July 1, 2007, applicable to injuries that occur on or after that date.
Editor's Note
2006 Act No. 387, Section 53, provides as follows:
"This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling."
2006 Act No. 387, Section 57, provides as follows:
"This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review."
Structure South Carolina Code of Laws
Section 14-8-10. Court of Appeals created; number of judges.
Section 14-8-20. Election of members of the court; terms of office.
Section 14-8-30. Qualifications for office.
Section 14-8-40. Oath of office.
Section 14-8-50. Salary; prohibition on holding other offices.
Section 14-8-70. Presiding in certain cases prohibited.
Section 14-8-90. When the Court may sit en banc.
Section 14-8-120. Editing, publishing, and distributing of opinions and decisions.
Section 14-8-130. Sheriff to serve and execute order or process.
Section 14-8-200. Jurisdiction of Court; limitations.
Section 14-8-210. Review by Supreme Court.
Section 14-8-220. Power of Court and judges to administer oaths and writs; appeal.
Section 14-8-230. Rules governing administration.
Section 14-8-260. Notice of intent to appeal; determination of cases assigned to Court of Appeals.
Section 14-8-270. Appeal from interlocutory orders involving injunctions.
Section 14-8-280. Certification of issues of fact to lower courts; appointment of referees.
Section 14-8-290. Powers of judge at chambers.
Section 14-8-400. Terms of Court; order of docketing.
Section 14-8-410. Where Court may sit.
Section 14-8-420. Cases not heard in period allotted.
Section 14-8-430. Supreme Court to promulgate rules.
Section 14-8-450. Court not limited to places designated by law for holding court.
Section 14-8-500. Publication and distribution of opinions and decisions.
Section 14-8-550. Court of Appeals to be part of unified judicial system.