Posts Tagged ‘South Carolina Supreme Court’

Equal protection challenge to domestic abuse statute leaves law in chaos

The July 26, 2017 Supreme Court opinion in Doe v. State has left South Carolina’s Protection from Domestic Abuse [a civil, family court, statute] and Criminal Domestic Violence [a criminal statute] laws in chaos. Doe stems from an equal protection challenge brought a lesbian who sought protection from domestic abuse against her ex-fiancé. That statute, […]

Disciplinary opinion clarifies rules on records subpoenas in family court

#79 on my November 14, 2011 list of “One hundred things I don’t know about South Carolina family law,” reads, “Can one issue subpoenas duces tecum without an order of discovery?” The November 16, 2016 Supreme Court disciplinary opinion in In the Matter of Margaret D. Fabri , 793 S.E.2d 306 (S.C. 2016), answers that question in the […]

It just became a little easier (although still not very easy) to sue DSS in tort

There is a common complaint among attorneys who do appeals that they do not recognize the fact pattern described in their appellate decisions. The belief is that appellate courts sometimes start with the result they want to establish and then highlight facts that would justify that result and ignore or downplay facts that might lead […]

South Carolina Supreme Court leaves intact important Court of Appeals opinion on prenuptial agreements

I probably should have noted this when it came out, but on October 28, 2015 the South Carolina Supreme Court, in Hudson v. Hudson, 414 S.C. 352, 778 S.E.2d 482 (2015), dismissed as improvidently granted the writ of certiorari it issued to review the Court of Appeals opinion in Hudson v. Hudson, 408 S.C. 76, 757 […]

South Carolina Supreme Court distinguishes personal goodwill from enterprise goodwill for equitable distribution purposes

The October 7, 2015 Supreme Court opinion in Moore v. Moore, 414 S.C. 490, 779 S.E.2d 533 (2015), is the first published South Carolina appellate opinion to distinguish personal goodwill from enterprise goodwill for equitable distribution purposes. As this is a frequently recurring issue, the Moore opinion is necessary reading for any family court attorney who handles equitable […]

It is likely practicably impossible to terminate alimony due to “continued cohabitation” in South Carolina

In January 2013, noting that none of the seven published South Carolina appellate opinions dealing with the issue of “continued cohabitation” had found it existed and therefore terminated alimony, I blogged, “Is there ever sufficient evidence of “continued cohabitation” to terminate alimony?” Seven months later the Court of Appeals finally affirmed a “continued cohabitation” alimony […]

South Carolina Supreme Court holds child abuse examiners are not to be used as expert witnesses

In a criminal appeal that has implications for family law attorneys who defend abuse and neglect proceedings, on August 5, 2015, in the case of State v. Anderson, 413 S.C. 212, 776 S.E.2d 76 (2015), the South Carolina Supreme Court reversed a criminal sexual conduct with a minor conviction because the trial court allowed the forensic […]

What ever happened to comity?

I am beginning to pity the South Carolina Court of Appeals. For the third time in less than two months the South Carolina Supreme Court has directed the Court of Appeals to depublish one of its opinions–this time on April 9, 2015 in the case of State v. Starks, 410 S.C. 580, 765 S.E.2d 148 (Ct. […]

 

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