Legal Question in Consumer Law in New Jersey

Breach of contract

I am involved in a breach of contract issue in the state of south carolina-- my claims were dismissed based upon statue of limitations- i appealed to the s.C. Court of appeals and the lower courts opinion was affirmed-i also filed to the s.C. Supreme court but was denied certiorari-- i dissagree with the state courts opinion since the defendant has not returned over $80,000.00 to me.

What higher court can appeal to after state court?


Asked on 11/09/06, 7:29 am

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

Re: Breach of contract

God.

Assuming that there are no pendent federal issue that survived the dismissal, you are out of appeals.

A statute limiting actions in a contract case is most often a creature of state law (as you know). The courts of South Carolina are the final arbiter of the laws of that State. Even if the matter had, for some reason, been litigated in a federal court, the court would have applied South Carolina law and defered to the opinions of the courts of South Carolina as determinative of the laws of South Carolina.

So, having had the opportunity to have your case heard by the highest court of appropriate jurisdiction, the decision that you have is as final as it gets here on earth.

Considering the amount involved, I hope that you took the opportunity to be represented by a lawyer in this litigation. Sometimes there are facts that toll (pause) the running of a statute of limitation, and a lawyer would have thought to ask whether any of those facts applied to your case.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 11/09/06, 10:38 am


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