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Order of Reference Memo

Supreme Court of South Carolina

Ernest A. Finney, Jr.

Chief Justice

TO:

Circuit Court Judges

Masters-in-equity

Clerks of the Circuit Court

June 14, 1996

RE: Direct Appeals from Masters-in-Equity and Special Referees

Dear Sir or Madame,

Over the last few years, there has been a significant increase in the number of matters which are being referred to masters-in-equity or special referees with authority to issue a final judgment under Rule 53, SCRCP. This has allowed the masters and referees to make an even greater contribution to the disposition of matters pending before the circuit court.

Unfortunately, many of the orders of reference which refer these matters with finality do not include language which authorizes a direct appeal to the Supreme Court. As a consequence, unless the parties have agreed in writing to a direct appeal at the time the order of reference was issued or the parties agree to a direct appeal on the record before the master or referee, the appeal is to the circuit court rather than to the Supreme Court. S.C. Code Ann. § 14-11-85 (Supp.1995). The result is that precious time of the circuit court judges and clerks must be used to docket and resolve these appeals. Further, since a significant number of attorneys assume that all final orders or judgments issued by a master or special referee are appealable directly to this Court, this Court must frequently dismiss appeals which are erroneously filed.

I strongly encourage circuit judges and clerks of court to insure that orders referring matters with finality to masters or referees include language authorizing a direct appeal to the Supreme Court. If the reference is based on the consent of the parties, make sure the parties understand the effect of the failure of the order to include language authorizing a direct appeal and see if they will agree to add this language. Further, I have enclosed a copy of a form order which contains language which can be used to refer matters with finality and with a direct appeal to the Supreme Court.

If you are a master and receive an order which refers the matter to you with finality without authorizing a direct appeal to the Supreme Court, I ask that you please consider asking the parties during the hearing if they are willing to agree that any appeal should be to the Supreme Court. Additionally, it will be of great assistance to this Court if your order indicates that the matter has been referred with finality with a right of direct appeal or that the parties have on the record agreed to a direct appeal.

Sincerely,

Ernest A. Finney, Jr.

Enclosure