Posts Tagged ‘Thomas F. McDow’

Court of Appeals rules prevailing party shouldn’t have to pay the other side’s attorney’s fees

The June 4, 2014 Court of Appeals opinion in Brown v. Brown reversed a $5,000 attorney fee award the family court made to Mother despite Father prevailing on the contested issue of which child support worksheet to use. The primary issues at trial were the number of overnights Father was spending with the children and […]

Supreme Court affirms lower courts’ ruling on transmutation of husband’s business

The January 15, 2014 Supreme Court opinion in Pittman v. Pittman, 407 S.C. 141, 754 S.E.2d 501 (2014), affirmed the Court of Appeals and family court’s determination that husband’s premarital surveying business had been transmuted into marital property while modifying the reasoning justifying the decision.  At trial the family court found this business to be transmuted and awarded […]

Pre-trial order settling “personal property” precludes equitable distribution of retirement accounts

I’ve had a few cases in which the issue of what constitutes “personal property” has been the subject of debate.  The understanding of the typical litigant is that such property is the household furnishings–what a homeowner’s policy might consider “contents.”  However, from a purely legal standard, personal property is any property that isn’t real estate. […]

Rearranging the deck chairs

In August I blogged about an appellate loss by my friend and colleague, Thomas F. McDow, in the case of Pittman v. Pittman.  Last week the Court of Appeals modified its opinion, 395 S.C. 209, 717 S.E.2d 88 (Ct. App. 2011).  For reasons I assume are oversight this modified opinion did not appear in the October listing […]

Should separation be required for a separate maintenance action?

In April 2011, the South Carolina Supreme Court heard oral argument in the case of Eileen Frances Theresa Busto Theisen v. Clifford Richard Theisen.  According to the Supreme Court’s roster of cases, the issue in this appeal is “whether physical separation is a pre-requisite for a party to receive separate maintenance and support.”  Since Supreme […]

A Divorce Lawyer’s Tips for Marriage

From Guest Blogger, Thomas F. McDow: 1. Love each other as you are. Men marry women hoping they will not change. Women marry men expecting them to change. The awful reality is that men do not change and women do. If you think you can make him into a perfect husband, do not marry him […]

At least he got the laptop back

N.B., the Court of Appeals opinion in Pittman v. Pittman was subsequently refiled with a different analysis on the transmutation issue. See Rearranging the deck chairs Thomas F. McDow is a friend of mine and an exceptional attorney.  When I noted that the appeal he pursued in Pittman v. Pittman, resulting in a published decision today [August […]

Thomas McDow’s annotated attorney’s oath

From guest blogger, Thomas F. McDow of the Law Office of Thomas F. McDow in Rock Hill, South Carolina Attorney’s Oath, Mandated by Rule 402(k), SCACR I do solemnly swear (or affirm) that: I am duly qualified, according to the Constitution of this State, to exercise the duties of the office to which I have been appointed, and […]