Posts Tagged ‘Attorney’s Fees’

“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 […]

Court of Appeals affirms custody, property division and fees

Can anyone explain the Court of Appeals’ thought process in what family law decisions it will publish? On April 8, 2015, mere weeks after deigning to publish two TPR reversals that both involved novel legal issues, it published its first family court opinion of 2015 (not counting a revised opinion in Srivastava v. Srivastava, 411 S.C. […]

How solo attorneys can work fewer hours, make more money, and have greater job satisfaction

When I talk to law students or young attorneys about law office management, I often show them the following formula as a method of getting them to think about structuring their practice: Income = hourly rate x hours billed per week x weeks worked per year x percentage of billing collected x (1-percentage of overhead) […]

Court of Appeals continues recent trend of rejecting a family court’s credibility determinations

One portion of this opinion was substantially modified on February 25, 2015: Refiled opinion in Srivastava makes revisions to equitable distribution ruling. The December 23, 2014 Court of Appeals opinion in Srivastava v. Srivastava has an interesting analysis on the ability to pay as a factor in an award of attorney’s fees in family court actions […]

Supreme Court sets procedures for family court attorney fee awards

The December 3, 2014 South Carolina Supreme Court opinion in Buist v. Buist, 410 S.C. 569, 766 S.E.2d 381 (2014), sets forth procedures to be used in setting attorney fee awards in family court cases. This opinion recognizes the difficulties of preserving fee award issues when the litigants don’t know the court’s decision on attorney’s fees […]

Supreme Court completely reverses Court of Appeals and reinstates family court’s alimony, property division and attorney fee award

The July 2, 2014 Supreme Court opinion in Crossland v. Crossland, 408 S.C. 443, 759 S.E.2d 419 (2014), completely reverses the prior Court of Appeals opinion and reinstates family court’s alimony, property division and attorney fee award. The family court had awarded Wife permanent periodic alimony. The Court of Appeals remanded the alimony award back to the […]

Court of Appeals rules prevailing party shouldn’t have to pay the other side’s attorney’s fees

The June 4, 2014 Court of Appeals opinion in Brown v. Brown, 408 S.C. 582, 758 S.E.2d 922 (Ct. App. 2014), reversed a $5,000 attorney fee award the family court made to Mother despite Father prevailing on the contested issue of which child support worksheet to use. The primary issues at trial were the number of overnights Father […]