Archive for the ‘South Carolina Appellate Decisions’ Category

We could have been more progressive than West Virginia…but no!

Yesterday, October 9, 2014, the South Carolina Supreme Court issued a stay preventing county probate judges from issuing marriage licenses to same sex couples pending a decision by United States District Court Judge J. Michelle Childs in Bradacs v. Haley, 3:13-CV-02351-JMC. That lawsuit challenges the provision of the South Carolina constitution, S.C. Const. art. XVII, […]

Third time’s a charm?

On October 1, 2014, and for a second time, the South Carolina Court of Appeals has issued a revised published opinion in the case of Mick-Skaggs v. Skaggs, 409 S.C. 347, 762 S.E.2d 30 (Ct. App. 2014). Previous blogs on this case can be found here and here. The only change from the previous opinion is the removal […]

Supreme Court affirms finding that non technical defects with adoption consent renders consent invalid

Eight weeks after the Court of Appeals affirmed a family court finding that South Carolina’s adoption statute required strict compliance with statutory consent requirements in order for the consent to be valid, the Supreme Court affirmed that ruling in the September 29, 2014 opinion of Brown v. Baby Girl Harper. This rapid resolution demonstrates the […]

Court of Appeals highly critical of Charleston County’s Abuse and Neglect proceedings’ procedures

The September 3, 2014 Court of Appeals decision in SCDSS v.  Hogan, 410 S.C. 120, 763 S.E.2d 219 (Ct. App. 2014),is highly critical of the method our county uses to handle abuse and neglect proceedings. It reversed the family court’s determinations that it no longer had jurisdiction to order return of the parents’ children or over […]

Court of Appeals affirms strict compliance with adoption consent requirements

The August 4, 2014 Court of Appeal opinion in Brown v. Baby Girl Harper, 409 S.C. 470, 761 S.E.2d 779 (Ct. App. 2014), affirmed a family court’s decision not to terminate a birth mother’s parental rights because the executed consents to the adoption were not properly witnessed. The attorney-witness was not in the room when […]

Court of Appeals reconsiders its decision and reinstates no fault divorce

When I blogged on the May 14, 2014 Court of Appeals opinion in the case of Mick-Skaggs v. Skaggs, I noted the curious decision to change the ground for divorce from no-fault to mutual fault. First, neither party contested the fact of one year’s continuous separation and typically the appellate courts will not change the […]

Previously unpublished opinion answers question of where to enforce foreign equitable distribution orders

On July 30, 2014 the South Carolina Court of Appeals published the previously unpublished opinion in the case of Katzburg v. Katzburg, 410 S.C. 184 (S.C. App. 2014). This opinion answers the frequently recurring question of where to enforce foreign state’s equitable distribution orders. The answer: circuit court. A more detailed analysis of the opinion can […]

Family court attorney gets public reprimand for inaccurate client affidavit

In what should put chills in my fellow family law attorneys’ spines, on July 2, 2014, a South Carolina family law attorney was publicly reprimanded by the South Carolina Supreme Court in the case of In Re. Massey, 408 S.C. 483, 759 S.E.2d 433 (2014), for submitting an inaccurate affidavit of his client at a temporary hearing. This […]