Posts Tagged ‘Post-Trial Motions’

Court of Appeals holds Rule 59(e) motion does not authorize family court to modify final order, sua sponte, in manner not requested by the moving party

The June 29, 2011 Court of Appeals opinion in Wannamaker v. Wannamaker, 719 S.E.2d 261 (S.C. App. 2011) (refiled August 11, 2011 with a slightly altered analysis of the equitable distribution issue) involved three issues, two of which were not novel.  The unnovel issues: In a sixteen year marriage, where the supported spouse earns $30k per year [...]

Should being the victim of a third-party’s Ponzi scheme entitle one to reopen a marital property settlement?

The May 30, 2011 New York Times reports a story about a husband, a partner at a powerful New York City law firm, attempting to reopen his marital property settlement because the value of a major asset he kept in the settlement, shares in the Madoff account, declined in value when it was learned that [...]

Supreme Court authorizes use of SCRCP 60(b)(5) to right obvious injustice

The 2006 Court of Appeals opinion in Simmons v. Simmons, 370 S.C. 109, 634 S.E.2d 1 (Ct. App. 2006) voided a provision in the parties’ 1990 court-approved equitable distribution agreement that gave Wife a portion of Husband’s Social Security benefits.  The Court of Appeals found that this provision violated 42 U.S.C. § 407(a) of the Social [...]

Unpublished Court of Appeals opinion provides guidance for mediators regarding admissibility of documents provided during mediation

From Guest Blogger, the Honorable Barry W. Knobel The South Carolina Court of Appeals filed what I consider to be an important unpublished family court opinion which, most probably, should have been published, in that it could have provided precedential guidance for family court mediators and attorneys participating in mediation.  [On a side note, an excellent family [...]

Being the primary caretaker, not discussing litigation with the child, and not harassing the other parent continue to be prevailing factors in custody case

The July 28, 2010 Court of Appeals opinion in High v. High, 389 S.C. 226, 697 S.E.2d 690 (Ct. App. 2010) presents little new analysis of custody law.  Mother was awarded custody by the family court and this was affirmed by the Court of Appeals, primarily because it appeared that mother was the primary caretaker of [...]

How crazy does one have to be to get relief from a judgment?

I am currently assisting a local attorney in seeking relief from a judgment, pursuant to Rule 60(b)(1), SCRCP, based on the claim that the client was suffering from such a significant mental illness at the time he entered what he alleges was an unfair agreement that he had excusable neglect in entering this agreement.  At [...]

South Carolina Appellate Courts continue to reward indefinite pleading

I applauded when the South Carolina Court of Appeals issued its 2008 opinion in Camp v. Camp, 378 S.C. 237, 662 S.E.2d 458 (Ct. App. 2008) dismissing an appeal because it found that the appellant’s motion to reconsider wasn’t a proper motion, and therefore it did not toll the time to file an appeal–thus making the appeal [...]