Posts Tagged ‘South Carolina Court of Appeals’

Refiled opinion in Srivastava makes revisions to equitable distribution ruling

On February 25, 2015 the South Carolina Court of Appeals refiled its opinion in Srivastava v. Srivastava. While the refiled opinion makes minor languages changes to the rationales on issues of child support, attorney’s fees, and condonation/adultery, the major revision was made to its equitable distribution award. In the original December 23, 2014 opinion the […]

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 […]

Third time’s a charm?

On October 1, 2014, and for a second time, the South Carolina Court of Appeals has issued a revised published opinion in the case of Mick-Skaggs v. Skaggs, 409 S.C. 347, 762 S.E.2d 30 (Ct. App. 2014). Previous blogs on this case can be found here and here. The only change from the previous opinion is the removal […]

Court of Appeals highly critical of Charleston County’s Abuse and Neglect proceedings’ procedures

The September 3, 2014 Court of Appeals decision in SCDSS v.  Hogan, 410 S.C. 120, 763 S.E.2d 219 (Ct. App. 2014), is highly critical of the method our county uses to handle abuse and neglect proceedings. It reversed the family court’s determinations that it no longer had jurisdiction to order return of the parents’ children or over […]

Court of Appeals affirms strict compliance with adoption consent requirements

The August 4, 2014 Court of Appeal opinion in Brown v. Baby Girl Harper, 409 S.C. 470, 761 S.E.2d 779 (Ct. App. 2014), affirmed a family court’s decision not to terminate a birth mother’s parental rights because the executed consents to the adoption were not properly witnessed. The attorney-witness was not in the room when […]

Court of Appeals reconsiders its decision and reinstates no fault divorce

When I blogged on the May 14, 2014 Court of Appeals opinion in the case of Mick-Skaggs v. Skaggs, I noted the curious decision to change the ground for divorce from no-fault to mutual fault. First, neither party contested the fact of one year’s continuous separation and typically the appellate courts will not change the […]

Previously unpublished opinion answers question of where to enforce foreign equitable distribution orders

On July 30, 2014 the South Carolina Court of Appeals published the previously unpublished opinion in the case of Katzburg v. Katzburg, 410 S.C. 184, 764 S.E.2d 3 (Ct. App. 2014). This opinion answers the frequently recurring question of where to enforce foreign state’s equitable distribution orders. The answer: circuit court. A more detailed analysis of the […]

Unpublished Court of Appeals opinion undefinitively answers one of my family court questions

The June 25, 2014 unpublished Court of Appeals opinion in Katzburg v. Katzburg undefinitively answers one of my long-standing family court questions. I was retained by Mr. Katzburg after he was incarcerated by the family court for failing to comply with a New Jersey divorce decree that had been turned into a money judgment and […]