Leviner v. Sonoco Products Co.
| Decision Date | 03 April 2000 |
| Docket Number | No. 25102.,25102. |
| Parties | John K. LEVINER, Respondent, v. SONOCO PRODUCTS COMPANY, Petitioner. |
| Court | South Carolina Supreme Court |
Michael A. Farry and David A. Wilson, both of Horton, Drawdy, Ward & Black, P.A., of Greenville, for petitioner.
J. Michael Baxley and Martin S. Driggers, both of Driggers, Baxley & Moyd Law Office, of Hartsville, for respondent.
We granted certiorari to review a decision of the Court of Appeals remanding this worker's compensation case to the single commissioner for a de novo hearing. Leviner v. Sonoco Products Co., Op. No. 98-UP-280 (S.C.Ct.App. refiled August 28, 1998). We now affirm as modified.
The single commissioner found respondent had reached maximum medical improvement (MMI) and awarded him permanent disability. The full commission affirmed. Respondent appealed to the circuit court, which issued a form order on January 8, 1997, remanding the case to the single commissioner. This form order was filed on January 10, 1997. Neither party filed a Rule 59(e), SCRCP, motion within the ten day period allowed by that rule.
On February 10, 1997, the circuit court issued a full written order purporting to vacate the commission orders and finding respondent totally disabled. Employer (petitioner) appealed, and the Court of Appeals reversed the February order, holding the circuit court exceeded its appellate jurisdiction in finding respondent totally disabled, and remanded the matter to the single commissioner pursuant to the January form order. We granted certiorari.
The form order, titled "Judgment in a civil case", was filed on January 10, 1997, remanding the case back to the single commissioner. Admittedly, this order does not contain adequate findings of facts or conclusions of law to enable the commissioner to know exactly what acts he was to perform on remand. None-the-less, neither party filed a Rule 59(e) motion within the 10 day period allowed asking for a clarification. Compare Vespazianni v. McAlister, 307 S.C. 411, 415 S.E.2d 427 (Ct.App.1992)
(). Further, the trial judge's full written order filed February 10, 1997, more than thirty days later, was patently untimely. Under Rule 59(e), SCRCP, the trial judge has only ten days from entry of judgment to alter or amend an earlier order on his own initiative absent a "reservation" of jurisdiction in the form order. Cf., Rule 203(b)(1), SCACR, "when a form or other short order or judgment indicates that a more full and complete order or judgment is to follow, a party need not appeal until receipt of written notice of entry of the more complete order or judgment." There was no such reservation in the January form...
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