The attorneys in Callison Tighe’s appellate practice group have represented clients in appeals before the South Carolina Court of Appeals, the South Carolina Supreme Court, the United States Court of Appeals for the Fourth Circuit, and the United States Supreme Court. They have briefed and argued over 120 appellate cases — state and federal, civil and criminal.
The appellate practice group consists of former appellate law clerks and experienced trial level litigators, each of whom have knowledge of the appellate process and to prosecute or defend an appeal. Members of the appellate practice group understand the critical and complex rules necessary to preserve issues at the trial level for review on appeal.
Callison Tighe’s appellate attorneys appreciate the critical distinction between the skills necessary to win at the trial level and those necessary to successfully handle an appeal. Litigation at the trial level may consist of a proceeding before a judge or jury which may last days or weeks wherein oral advocacy is paramount. However, the success of an appeal depends predominantly on written advocacy. In that regard, Callison Tighe’s appellate lawyers have the analytical, writing, and research skills necessary to brief complex factual and legal issues. Oral advocacy at trial is much different from that required to argue before appellate courts.
Although the appellate practice group often handles appeals of cases tried at the trial court level by members of the firm, they are often called upon to handle appeals of cases tried by other firms. For example, in First Federal Savings Bank of Brunswick v. Stewart Title Guaranty Co., 317 S.C. 131, 451 S.E.2d 916 (Ct. App. 1994), a large judgment was obtained against a title insurance carrier, who then retained Callison Tighe to prosecute the appeal. The South Carolina Court of Appeals reversed the trial court and First Federal remains the seminal South Carolina case interpreting major provisions of title insurance policies.
Callison Tighe’s appellate lawyers have represented title insurance underwriters, corporations, real estate developers, governments, banks, other lending institutions, and individuals in appellate matters. The types of cases in which the appellate practice group of Callison Tighe has represented their clients include cases involving financial and real estate matters, domestic relations, land use planning, governmental functions and criminal defense.
The following are representative of appellate cases our attorneys have handled:
- City of Columbia & Columbia Outdoor Advertising, Inc. v. Omni Outdoor Advertising, Inc., 9 U.S. 365 (1991).
- United States. v Johnson, 583 F.3d 466 (4th Cir. 2004).
- WRB Limited Partnership v. County of Lexington, 369 S.C. 30, 630 S.E.2d 479 (2006).
- Horry County v. Ray, __S.C. ___, ___ S.E.2d_____ (Ct. App. 2009).
- Robinson v. Estate of Harris, 378 S.C. 140, 662 S.E.2d 420 (Ct. App. 2008).
- Bennett v. Investors Title Ins. Co., 370 S.C. 578, 635 S.E.2d 649 (Ct. App. 2006).
- Laughon v. O’Braitis, 360 S.C. 520, 602 S.E. 2d 108 (Ct. App. 2004).
- First Federal Savings Bank of Brunswick v. Stewart Title Guaranty Co., 317 S.C. 131, 451 S.E.2d 916 (Ct. App. 1994)