Posts Tagged ‘South Carolina Supreme Court’

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, the South Carolina Supreme Court reversed a criminal sexual conduct with a minor conviction because the trial court allowed the forensic examiner of the child to provide […]

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 […]

We could have been more progressive than West Virginia…but no!

Yesterday, October 9, 2014, in an order from State ex rel. Wilson v. Condon, 410 S.C. 331, 764 S.E.2d 247 (2014), the South Carolina Supreme Court issued a stay preventing county probate judges from issuing marriage licenses to same sex couples pending a decision by United States District Court Judge J. Michelle Childs in Bradacs v. Haley, […]

Supreme Court affirms finding that non technical defects with adoption consent renders consent invalid

Eight weeks after the Court of Appeals affirmed a family court finding that South Carolina’s adoption statute required strict compliance with statutory consent requirements in order for the consent to be valid, the Supreme Court affirmed that ruling in the September 29, 2014 opinion of Brown v. Baby Girl Harper, 410 S.C. 446, 766 S.E.2d 375 (2014). […]

Supreme Court changes Family Court 365 day benchmark administrative order

On August 27, 2014 the South Carolina Supreme Court issued an administrative order superseding the May 9, 2006 order that set the 365 day benchmark to dispose of family court cases. The new order is more detailed and provides guidance to family law attorneys and litigants. Under the new order, written requests for a final […]