Posts Tagged ‘South Carolina Appellate Court Rules’

Supreme Court holds that family court temporary order is never automatically stayed by appeal

In the November 21, 2012 opinion of Terry v. Terry, 400 S.C. 453, 734 S.E.2d 646 (2012) the South Carolina Supreme Court clarifies the effect of filing a notice of appeal on the enforcement of temporary orders.  Here the family court issued a temporary order requiring Husband to vacate the marital home.  Husband refused to do so […]

Court of Appeals reverses custody modification based on family court’s inadequate factual findings

In the May 30, 2012 opinion in Tillman v. Oakes, 398 S.C. 245, 728 S.E.2d 45 (Ct. App. 2012), the South Carolina Court of Appeals reversed and remanded the family court’s custody modification because the family court made inadequate factual findings to justify a substantial change of circumstances. Father filed this custody modification case involving the […]

What part of don’t don’t you understand

Friend and colleague Mary Jane (M.J.) Goodwin suggested I blog on the propriety of citing unpublished appellate opinions as legal authority in other cases.  Are attorneys really doing that?  M.J. indicates they are, for example, citing State v. Hercheck to get DUI charges tossed.  She’d love to cite SCDSS v. Rene in prosecuting a termination […]