holding that a party “usually is free to file an initial Rule 59(e) motion, regardless of whether the previous JNOV/new trial motions were made orally or in writing, without unnecessary concern the repetition of an issue or argument made in a previous motion will result in a subsequent appeal being dismissed as untimely”
How later courts described this case
- holding that a party “usually is free to file an initial Rule 59(e) motion, regardless of whether the previous JNOV/new trial motions were made orally or in writing, without unnecessary concern the repetition of an issue or argument made in a previous motion will result in a subsequent appeal being dismissed as untimely”
- stating that in reviewing a trial court’s ruling denying a motion for JNOV, appellate courts must view the evidence and all reasonable inferences in the light most favorable to the nonmoving party, and may only reverse the trial court if there is no evidence to support its decision
- stating an issue must be raised to and ruled upon by the trial court in order to be preserved for appellate review, and that a party must file a Rule 59(e), SCRCP, motion to preserve an issue the trial court fails to rule on
- holding that a party “usually is free to file an initial Rule 59(e
Written by the judges who cited it.
The opinion
Justice WALLER
dissenting:
I respectfully dissent. In my opinion, SCDOT’s Rule 59(e) motion, raising the same issues orally raised to and ruled upon in its motions for directed verdict, JNOV, and a new trial, did not stay the time for filing a notice of appeal. I would affirm the Court of Appeals’ holding that SCDOT’s appeal was untimely.
Post-trial motions are required in two primary circumstances: to preserve issues that have been raised to the trial court but not yet ruled upon or when the trial court grants relief not requested or rules on an issue never raised at trial. Jean Hoefer Toal, et al, Appellate Practice in South Carolina 59-60 (2d ed. 2002). Issues are preserved for appeal even where a JNOV motion is denied in a form order, if the issues have been adequately raised and argued to the court and the record on appeal contains transcripts of the court proceedings. Bailey v. Segars, 346 S.C. 359 , 550 S.E.2d 910 (Ct.App.2001).
Here, SCDOT repeatedly argued its position to the trial court: in its directed verdict motion, in renewing its directed verdict motion, in its motion for JNOV, and in its motion for a new trial. Each time the trial judge denied SCDOT’s motions. Two years ago, in Quality Trailer Products v. CSL Equipment Co. Inc., 349 S.C. 216 , 562 S.E.2d 615 (2002), we held the filing of a successive motion, raising issues already raised to and ruled upon by the trial judge, does not stay the time to appeal. Nothing in Quality Trailer limited our holding to the filing of written post-trial motions. In my opinion, once a litigant has fully argued, either orally or in writing, its post-trial motions to a judge, and obtained a ruling thereon, there is simply no need to permit the same exact arguments to be re-raised in a subsequent Rule 59(e) motion.
*30 I would hold SCDOT had its one full bite at the apple such that the filing of its written Rule 59(e) motion did not stay the time for filing an appeal in this case. I would affirm the Court of Appeals’ opinion. 6
PLEICONES, J., concurs.
. I would also affirm the opinion in Matthews v. Richland County School Dist. One, 357 S.C. 594 , 594 S.E.2d 177 (Ct.App.2004).