Posts Tagged ‘South Carolina Court of Appeals’

Court of Appeals holds order from bifurcated trial finding common law marriage is not immediately appealable

The issue of what family court orders are immediately appealable can be confusing. Typically final orders need to be appealed immediately, even if that order does not end the case. For example, orders from contempt actions need to be appealed immediately even if the case is ongoing. Arnal v. Arnal, 363 S.C. 268, 609 S.E.2d […]

Wife’s lack of corroborating evidence mostly dooms her appeal

In the Sir Arthur Conan Doyle story “Adventure of the Silver Blaze,” Sherlock Holmes deduces the identity of the thief, in part, by noting that a dog did not bark, indicating the thief was no stranger. Holmes understood that the absence of evidence can be as telling as evidence itself. This is often true in […]

Court of Appeals vacates removal and TPR orders due to lack of subject matter jurisdiction

In the October 10, 2016 opinion in SCDSS v. Ngoc Tran, the South Carolina Court of Appeals vacated the family court’s removal order and termination of parental rights order, finding that DSS had failed to establish subject matter jurisdiction under the UCCJEA. Initially I thought the Court of Appeals was correct–even stating the same to […]

Five years of litigation, all for naught

Pity poor Lori Stoney, a fellow member of the Charleston County family court bar, and the appellant in the July 27, 2016 Court of Appeals opinion in Stoney v. Stoney, 417 S.C. 345, 790 S.E.2d 31 (Ct. App. 2016).  After waiting over 20 months from oral argument to the decision, the Court of Appeals simply […]

Court of Appeals partially reduces Husband’s alimony reduction in case Husband probably wishes he never filed

One of my harder tasks practicing family law in South Carolina is advising ex-spouses with alimony obligations whether and how much their obligation might change based on reduced income. The July 27, 2016 Court of Appeals opinion in Woods v. Woods  790 S.E.2d 906 (S.C. App. 2016) does not provide additional clarity on this topic. […]

On the same day two separate Court of Appeals panels reverse transmutation findings

On July 13, 2016, the Court of Appeals published two opinions in which the primary issue on appeal was transmutation–the almost alchemical process by which non-marital property turns into marital property: Taylor-Cracraft v. Cracraft, 417 S.C. 570, 790 S.E.2d 423  (Ct. App. 2016), and McMillan v. McMillan, 417 S.C. 583 790 S.E.2d 216 (Ct. App. 2016). In both […]

Court of Appeals affirms contempt finding against mother who didn’t force children to visit

Calling bullsh*t on custodial parents who let the children decide their visitation is one of my most controversial and by far my most commented-upon blog.  In that blog I argue that it is the custodial parent’s job to require the children spend their court-ordered visitation time with the non-custodial parent (assuming that parent wants to […]

“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, 416 S.C. 141 785 S.E.2d 392 (Ct. App. 2016), is one such case. Husband, Schulze, appealed many aspects of the family court’s […]