Archive for the ‘South Carolina Appellate Decisions’ Category

“Hammered” by the family court, Court of Appeals hammers Husband again

There are some family court smack-downs that beg for an appeal. And there are some Court of Appeals decisions that beg for a petition for certiorari. The April 13, 2016 opinion in Fredrickson v. Schulze is one such case. Husband, Schulze, appealed many aspects of the family court’s equitable distribution decision along with its denial […]

Husband’s lack of credibility on financial disclosure has multiple adverse consequences

The March 16, 2016 Court of Appeals opinion in Conits v. Conits rejects many of Husband’s allegations of error in the family court’s equitable distribution award because he lacked credibility in his financial disclosure. This opinion is a warning to those who would provide false financial disclosure that this lack of credibility can be fatal […]

2015 may set record low in published family law opinions

2015 may set a record low in published South Carolina family law opinions. Counting a refiled opinion in Srivastava v. Srivastava, 411 S.C. 481, 769 S.E.2d 442 (Ct. App. 2015), that was originally filed in 2014, but not counting a dismissal of certiorari as improvidently granted in Hudson v. Hudson, 414 S.C. 352, 778 S.E.2d […]

It just became a little easier (although still not very easy) to sue DSS in tort

There is a common complaint among attorneys who do appeals that they do not recognize the fact pattern described in their appellate decisions. The belief is that appellate courts sometimes start with the result they want to establish and then highlight facts that would justify that result and ignore or downplay facts that might lead […]

South Carolina Supreme Court leaves intact important Court of Appeals opinion on prenuptial agreements

I probably should have noted this when it came out, but on October 28, 2015 the South Carolina Supreme Court, in Hudson v. Hudson, 414 S.C. 352, 778 S.E.2d 482 (2015), dismissed as improvidently granted the writ of certiorari it issued to review the Court of Appeals opinion in Hudson v. Hudson, 408 S.C. 76, 757 […]

South Carolina Supreme Court distinguishes personal goodwill from enterprise goodwill for equitable distribution purposes

The October 7, 2015 Supreme Court opinion in Moore v. Moore , 779 S.E.2d 533 (S.C. 2015), is the first published South Carolina appellate opinion to distinguish personal goodwill from enterprise goodwill for equitable distribution purposes. As this is a frequently recurring issue, the Moore opinion is necessary reading for any family court attorney who handles equitable distributions cases […]

Court of Appeals says email notice is notice

In an order designed to terrify civil, domestic and appellate lawyers, the South Carolina Court of Appeals, in an August 26, 2015 order in the case of Wells Fargo Bank, N.A. v. Fallon Properties, SC, LLC, 413 S.C. 642, 776 S.E.2d 575 (Ct. App. 2015), dismissed an appeal as untimely because it determined that the […]

It is likely practicably impossible to terminate alimony due to “continued cohabitation” in South Carolina

In January 2013, noting that none of the seven published South Carolina appellate opinions dealing with the issue of “continued cohabitation” had found it existed and therefore terminated alimony, I blogged, “Is there ever sufficient evidence of “continued cohabitation” to terminate alimony?” Seven months later the Court of Appeals finally affirmed a “continued cohabitation” alimony […]