Posts Tagged ‘Unpublished Opinions’

A child custody reversal that should have been published (and remanded rather than reversed)

Child custody determinations are among the hardest family court matters to get reversed on appeal. Because custody decisions are based upon the weight the trial judge places on sixteen listed factors and a seventeenth catch-all factor, and because so much of the weighing of these factors can be based on the judge’s credibility determinations, appellate […]

Misvaluing small personal services businesses

A recent unpublished opinion Court of Appeals opinion, Herring-Wilson v. Wilson, highlights a common fallacy in valuing small personal services businesses for purposes of equitable distribution: treating personal goodwill as marital property. The Court of Appeals reversed a finding that Wife’s business had a value of $603,000 and requiring her to pay Husband half that […]

Two recent unpublished termination of parental rights opinions that should have been published

Within the past week the South Carolina Court of Appeals has issued two unpublished opinions reversing two family court decisions to terminate a parent’s parental rights on the basis that the Department of Social Services (DSS) failed to meet its burden of proof. Both cases successfully challenged the statutory ground for termination.  In one of […]

Unpublished Court of Appeals opinion undefinitively answers one of my family court questions

The June 25, 2014 unpublished Court of Appeals opinion in Katzburg v. Katzburg undefinitively answers one of my long-standing family court questions.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 […]

Unpublished Court of Appeals opinion reflects South Carolina’s continuing antiquated view of gender and alimony

South Carolina family law’s approach to alimony continues to reflect an antiquated view of gender roles.  South Carolina is the only state in which a spouse’s adultery will bar alimony–a punishment for “bad” spouses, typically “bad” wives.  Yet, although the alimony statute is gender neutral, I rarely see the family courts awarding husbands alimony–even when […]

South Carolina Supreme Court September 2012 case of the month fizzles into unpublished dud

Ex parte: Belinda Davis-Branch. In re: Larry Solomon v. Betty Jean Solomon was the South Carolina Supreme Court’s September 2012 “Case of the Month.”  Had the Supreme Court affirmed the family court’s ruling–which I was almost certain it wouldn’t–it might have revolutionized family law attorney fee collection practice in South Carolina and made it much […]

South Carolina appellate courts finally apply the sibling visitation statute (and of course it’s unpublished)

I have a long-held intellectual fascination with South Carolina’s sibling visitation statute, S.C. Code § 63-3-530(A)(44), so much so that I wrote a blog with the partial intent of trolling for potential sibling visitation clients.  And now, a decade after this code section was enacted, our appellate courts finally discuss its application…in an unpublished opinion, […]

(Un)important unpublished rehabilitative alimony opinion from Court of Appeals

I was eagerly awaiting the Court of Appeals decision in Allen-Hines v. Hines because I was hoping it would answer the question of whether a short marriage alone was sufficient to award rehabilitative alimony rather than permanent periodic alimony.  On August 29, 1988, the Court of Appeals affirmed an award of one year rehabilitative alimony […]