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Sadisco of Greenville, Inc. v. Greenville County Board of Zoning Appeals
Citations: 530 S.E.2d 383; 340 S.C. 57; 2000 S.C. LEXIS 85Docket: 25107
Court: Supreme Court of South Carolina; April 10, 2000; South Carolina; State Supreme Court
Petitioner, Sadisco of Greenville, Inc., sought a writ of certiorari following the dismissal of its appeal regarding an order from the Greenville County Board of Zoning Appeals. The initial appeal to the circuit court was dismissed due to the petitioner’s failure to timely file and serve the Notice of Appeal. Subsequently, the petitioner filed a motion under Rule 60(b)(1) to seek relief from that dismissal, arguing that the delay was due to excusable neglect and inadvertence. The circuit court denied this motion, leading to the petitioner appealing the denial. The Court of Appeals dismissed the appeal without comment, prompting the petitioner to seek a writ of certiorari. The Supreme Court of South Carolina granted the writ, vacated the Court of Appeals' dismissal, and clarified that the Court of Appeals had erred in not addressing the merits of the Rule 60 motion. However, upon reviewing the merits, the Supreme Court affirmed the circuit court's denial of the Rule 60 motion, citing established precedent that service of the Notice of Appeal is a jurisdictional requirement. The Court reiterated that it lacks the authority to extend the time for serving the Notice of Appeal, referencing the Burnett v. South Carolina State Highway Department decision. The Court declined to revisit this precedent, ultimately affirming the circuit court's decision while modifying the result to vacate the Court of Appeals' previous dismissal.