Posts Tagged ‘Post-Trial Motions’
Posted Wednesday, June 29th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
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 [...]
Tags: Alimony/Spousal Support, Family Court Procedure, Post-Trial Motions, South Carolina Court of Appeals
Posted in Alimony/Spousal Support, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Tuesday, May 31st, 2011 by Gregory Forman
Filed under Equitable Division/Property Division, Jurisprudence, Not South Carolina Specific, Of Interest to Family Law Attorneys
2 Comments »
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 [...]
Tags: Equitable Division/Property Division, New York Times, Post-Trial Motions
Posted in Equitable Division/Property Division, Jurisprudence, Not South Carolina Specific, Of Interest to Family Law Attorneys | 2 Comments »
Posted Wednesday, May 11th, 2011 by Gregory Forman
Filed under Alimony/Spousal Support, Equitable Division/Property Division, Family Court Procedure, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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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 [...]
Tags: Alimony/Spousal Support, Civil Procedure, Equitable Division/Property Division, Jurisprudence, Paul Tinkler, Post-Trial Motions, South Carolina Supreme Court
Posted in Alimony/Spousal Support, Equitable Division/Property Division, Family Court Procedure, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Saturday, March 26th, 2011 by Barry Knobel
Filed under Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
1 Comment »
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 [...]
Tags: Barry W. Knobel, Mediation/Alternative Dispute Resolution, Post-Trial Motions, South Carolina Court of Appeals, Thomas F. McDow, Unpublished Opinions
Posted in Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
Posted Thursday, July 29th, 2010 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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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 [...]
Tags: Child Custody, Litigation Strategy, Post-Trial Motions, South Carolina Court of Appeals, South Carolina Rules of Evidence
Posted in Child Custody, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Tuesday, June 22nd, 2010 by Gregory Forman
Filed under Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
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 [...]
Tags: Excusable Neglect, Post-Trial Motions, South Carolina Court of Appeals
Posted in Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Tuesday, February 16th, 2010 by Gregory Forman
Filed under Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
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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 [...]
Tags: Jurisprudence, Litigation Strategy, Post-Trial Motions, South Carolina Supreme Court
Posted in Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »