Posts Tagged ‘South Carolina Supreme Court’

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 , 779 S.E.2d 533 (S.C. 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 distributions cases […]

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. […]

How do you depublish an opinion?

Twice in the past 1 ½ months the South Carolina Supreme Court has ordered that a published South Carolina Court of Appeals opinion be depublished. First, on February 20, 2015, it denied certiorari in State v. Mimms, 410 S.C. 32, 763 S.E.2d 46 (Ct. App. 2014) but ordered that the opinion be depublished. Then, on […]

Supreme Court sets procedures for family court attorney fee awards

The December 3, 2014 South Carolina Supreme Court opinion in Buist v. Buist, 410 S.C. 569, 766 S.E.2d 381 (2014), sets forth procedures to be used in setting attorney fee awards in family court cases. This opinion recognizes the difficulties of preserving fee award issues when the litigants don’t know the court’s decision on attorney’s fees […]