Otten v. Otten
| Decision Date | 08 October 1985 |
| Citation | Otten v. Otten, 287 S.C. 166, 337 S.E.2d 207 (S.C. 1985) |
| Court | South Carolina Supreme Court |
| Parties | Karen C. OTTEN, Respondent, v. Martin B. OTTEN, Appellant. |
ORDER
Respondent brought this action for separate maintenance and support and for an equitable division of marital property. After a hearing, the family court judge signed an order proposed by respondent's counsel. Appellant moved pursuant to Rules 59(e) and 60(a), SCRCP, to modify the order. Because of appellant's uncertainty as to the effect the motions would have on the time for appeal, he served and filed a notice of appeal.
Appellant now moves this Court to remand the matter for consideration of his motions. The motion to remand is granted and the appeal is dismissed without prejudice.
We take this opportunity to comment on the effect Rule 59(e) and Rule 60(a) motions have on the time for the filing of appeals.
Rule 59(e), provides that a "motion to alter or amend the judgment shall be served not later than 10 days after entry of the judgment." Under Rule 59(f), when such a motion is made, the time for appeal from the judgment begins to run from the time of the order granting or denying the motion.
Rule 60(a), allows the correction of clerical mistakes in...
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11 cases
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Williams v. Condon
...Rule 60, SCRCP do not affect the finality of the judgment under attack and thus do not toll the time for appeal. See Otten v. Otten, 287 S.C. 166, 337 S.E.2d 207 (1985); Coward Hund Constr. Co., Inc. v. Ball Corp., 336 S.C. 1, 518 S.E.2d 56 (Ct.App.1999); see also, James F. Flanagan, South ......
- Coastal Conservation League v. S.C. Dep't of Health & Envtl. Control
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Canal Ins. Co. v. Caldwell
...("The time for appeal for all parties shall be stayed by a timely motion under this Rule....") (emphasis added); Otten v. Otten, 287 S.C. 166, 167, 337 S.E.2d 207, 208 (1985) (stating that when a motion to alter or amend is made under Rule 59, "the time for appeal from the judgment begins t......
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Coward Hund Const. Co. v. Ball Corp.
...runs from the receipt of written notice of entry of the order disposing of the motion. Rule 59(f), SCRCP. See Otten v. Otten, 287 S.C. 166, 167, 337 S.E.2d 207, 208 (1985) (stating that when a party makes a motion for reconsideration, "the time for appeal from the judgment begins to run fro......
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5 books & journal articles
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Rule 60. Relief from Judgment or Order
...of clerical mistakes in judgments. A motion made under this section does not toll the running of the time for appeal." Otten v. Otten, 287 S.C. 166, 167, 337 S.E.2d 207, 208 (Ct. App. 1996). Clerical Errors "A clerical error 'is a mistake or omission by a clerk, counsel, judge or printer, w......
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Chapter 60 Relief from Judgment or Order
...Lanier, 364 S.C. 211, 612 S.E.2d 456 (Ct. App. 2005); Johnson v. Johnson, 310 S.C. 44, 425 S.E.2d 46 (Ct. App. 1992).[7] Otten v. Otten, 287 S.C. 166, 337 S.E.2d 207 (1985); Rule 60(a), SCRCP.[8] Rule 62(a), (b) & (d), SCRCP; Stearns Bank Nat'l Ass'n v. Glenwood Falls, L.L.P., 375 S.C. 423,......
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Rule 60. Relief from Judgment or Order
...of clerical mistakes in judgments. A motion made under this section does not toll the running of the time for appeal." Otten v. Otten, 287 S.C. 166, 167, 337 S.E.2d 207, 208 (Ct. App. 1996). Clerical Errors "A clerical error 'is a mistake or omission by a clerk, counsel, judge or printer, w......
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Rule 60. Relief from Judgment or Order
...of clerical mistakes in judgments. A motion made under this section does not toll the running of the time for appeal." Otten v. Otten, 287 S.C. 166, 167, 337 S.E.2d 207, 208 (Ct. App. 1996). Clerical Errors "A clerical error 'is a mistake or omission by a clerk, counsel, judge or printer, w......
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