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· 4/20/2009

Home Medical Systems, Inc. v. South Carolina Department of Revenue

Citations

  • 677 S.E.2d 582
  • 382 S.C. 556
  • 2009 S.C. LEXIS 102

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that if the ALC does not rule on an issue in its final order, a party must file a Rule 59(e), SCRCP, motion requesting a ruling to preserve the issue for this court's review
  • emphasizing that issue preservation is required in administrative appeals and holding “Rule 59(e), SCRCP, motions are permitted in ALC proceedings”
  • holding rule 59(e), SCRCP, motions to reconsider are permitted in ALC proceedings and often required for issue preservation purposes
  • finding issue preservation rules and Rule 59, SCRCP, were applicable to proceedings before the ALC
  • observing issue preservation is required in administrative appeals and a circuit court sitting in an appellate capacity may not consider issues not raised to and ruled upon by the ALC; the Court held that “Rule 59(e
  • observing issue preservation is required in administrative appeals and a circuit court sitting in an appellate capacity may not consider issues not raised to and ruled upon by the ALC; the Court held that “Rule 59(e), SCRCP, motions are permitted in ALC proceedings”

Source: CourtListener parenthetical corpus (CC0).

Judges: Waller, Toal, Pleicones, Beatty, Kittredge

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.