Posts Tagged ‘Unpublished Opinions’

South Carolina Supreme Court September 2012 case of the month fizzles into unpublished dud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South Carolina appellate courts finally apply the sibling visitation statute (and of course it’s unpublished)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  And now, a decade after this code section was enacted, our appellate courts finally discuss its application…in an unpublished opinion, [...]

(Un)important unpublished rehabilitative alimony opinion from Court of Appeals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

Unpublished opinion (doesn’t) make(s) new law on application of Schedule C guidelines

Floyd v. Morgan, 383 S.C. 469 , 681 S.E.2d 570 (2009) is possibly the worst published family law opinion to come out of the Supreme Court since I started writing this blog in April 2009.  Not only did it unduly heighten the burden to modify child custody agreements–a decision since rectified in Miles v. Miles, [...]

What part of don’t don’t you understand

Friend and colleague Mary Jane (M.J.) Goodwin suggested I blog on the propriety of citing unpublished appellate opinions as legal authority in other cases.  Are attorneys really doing that?  M.J. indicates they are, for example, citing State v. Hercheck to get DUI charges tossed.  She’d love to cite SCDSS v. Rene in prosecuting a termination [...]

Unpublished Court of Appeals opinion provides guidance for mediators regarding admissibility of documents provided during mediation

From Guest Blogger, the Honorable Barry W. Knobel The South Carolina Court of Appeals filed what I consider to be an important unpublished family court opinion which, most probably, should have been published, in that it could have provided precedential guidance for family court mediators and attorneys participating in mediation.  [On a side note, an excellent family [...]

Not publishing opinions to save the trial court embarrassment

I have been a past critic of the South Carolina Court of Appeals’ failure to publish opinions that do not meet the criteria of S.C. Code Ann. § 18-9-280 for leaving opinions unpublished.  Sometimes I read an unpublished opinion that, to my thinking, clearly doesn’t meet that criteria and the only reason I can figure [...]

The link between animal cruelty and domestic violence

When I was in my late teens my best friend was a brilliant, iconoclastic, Catholic, conservative, whose parents has escaped Communist Poland and lived in Apartheid South Africa before emigrating to the San Fernando Valley in Los Angeles.  My political beliefs were not nearly as well thought out or firmly held but I came from [...]