Appellate Law

Sometimes a trial or hearing provides an unexpected result, and appellate review is necessary.  WAJ attorneys are skilled in prosecution and defense of appeals in state and federal appellate courts.  We build upon our experience in litigation, and can assist in preservation of issues at trial, and in prosecution of appeals as needed.

Contact Wilkes Atkinson & Joyner 

Representative Matters

• We successfully defended an appeal against a County Airport, after obtaining summary judgment on defenses under the S.C. Home Rule Statutes.
• Working with another firm as National Counsel, we served as co-counsel of record for an appeal to the Fourth Circuit Court of Appeals, which obtained reversal of the trial court’s denial of deposition subpoenas issued in aid of a foreign arbitration.
• Working with another firm as National Counsel, we served as co-counsel of record for a successful Petition for Writ of Mandamus to a U.S. District Court for issuance of deposition subpoenas in aid of a foreign arbitration.
• We served as Appellee’s counsel in defense of an appeal for an insurance company, after obtaining summary judgment in a declaratory action seeking a finding of no coverage for a multimillion dollar judgment against an allegedly-insured person.
• We defended a claim against a Commercial Air Carrier, after obtaining a dismissal of the underlying suit based on jurisdiction and timely filing.
• We successfully defended an appeal for a third-party defendant, after obtaining summary judgment on third-party claims for breach of contract and negligence.  The Court of Appeals affirmed the trial court’s ruling that the only available claim was for equitable indemnity.
• We defended an appeal for an engineering firm, after obtaining summary judgment at the trial court, based on the court’s finding of no duty of care as a matter of law.  The appellate work included a Petition for Writ of Certiorari to the Supreme Court of South Carolina.
• Our attorneys prepared an amicus curiae brief on behalf of the S.C. Defense Trial Attorneys’ Association, in response to a request from the Supreme Court of South Carolina, related to the continuing nature of expert witness requirements under South Carolina’s Affidavit of Merit Statute, S.C. Code Ann. ? 15-36-100.
• We prosecuted an appeal of a Master-in-Equity’s finding of merger of title, in defense of a professional negligence claim against an attorney.
• We prosecuted multiple appeals of trial court denials of Motions to Set Aside Entry of Default against various defendants.

Get in Touch With Our Team