Dulaney v. Dulaney is an unpublished May 2011 decision from the South Carolina Court of Appeals. The primary issue on appeal was whether the mother waived the requirement that father pay the minor child’s private school tuition. The family court refused to hold father in contempt but required him to reimburse mother for two years of back tuition. While the family court refused to make any credibility determination to resolve the factual dispute, despite father’s motion for reconsideration asking it to do so, the Court of Appeals affirmed the family court finding that “the court’s order implicitly reflects a determination Mother was credible on the issue of the parties’ agreement concerning the tuition.” For further information see: Beaten by implicit credibility determinations.
Slightly modified Gandy opinion makes two small factual corrections
On March 20, 2024, the South Carolina Court of Appeals refiled its opinion in Gandy v. Gandy, making two minor factual adjustments. The
Feature in International Business Times on Navigating Marital Challenges
A recent blog I wrote on consulting an individual counselor before consulting a divorce lawyer generated interest in the International Business Times, resulting
Consider seeking judicial notice of what occurs in court
If more family law attorneys handled appeals they would likely consider using judicial notice during their trials. Judicial notice can be used to
