Posts Tagged ‘Unpublished Opinions’
Posted Thursday, February 2nd, 2012 by Gregory Forman
Filed under Alimony/Spousal Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions
No Comments »
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 [...]
Tags: Alimony/Spousal Support, Rehabilitative Alimony, Robert Rosen, South Carolina Court of Appeals, Unpublished Opinions
Posted in Alimony/Spousal Support, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions | No Comments »
Posted Wednesday, November 16th, 2011 by Gregory Forman
Filed under Child Support, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
No Comments »
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, [...]
Tags: Child Support, Jurisprudence, South Carolina Court of Appeals, Unpublished Opinions
Posted in Child Support, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | No Comments »
Posted Thursday, August 25th, 2011 by Gregory Forman
Filed under Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific
7 Comments »
Friend and colleague Mary Jane (M.J.) Goodwin suggested I blog on the propriety of citing unpublished appellate opinions as legal authority in other cases.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 [...]
Tags: Contempt, Litigation Strategy, Mary Jane Goodwin, South Carolina Appellate Court Rules, Unpublished Opinions
Posted in Contempt/Enforcement of Orders, Litigation Strategy, Of Interest to Family Law Attorneys, South Carolina Specific | 7 Comments »
Posted Saturday, March 26th, 2011 by Barry Knobel
Filed under Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
1 Comment »
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 [...]
Tags: Barry W. Knobel, Mediation/Alternative Dispute Resolution, Post-Trial Motions, South Carolina Court of Appeals, Thomas F. McDow, Unpublished Opinions
Posted in Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific | 1 Comment »
Posted Tuesday, June 22nd, 2010 by Gregory Forman
Filed under Child Custody, Jurisprudence, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific
8 Comments »
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 [...]
Tags: Child Custody, Jurisprudence, South Carolina Court of Appeals, Unpublished Opinions
Posted in Child Custody, Jurisprudence, Of Interest to Family Law Attorneys, Of Interest to General Public, South Carolina Specific | 8 Comments »
Posted Tuesday, June 15th, 2010 by Gregory Forman
Filed under Jurisprudence, Law and Culture, Not South Carolina Specific, Of Interest to General Public, South Carolina Appellate Decisions
2 Comments »
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 [...]
Tags: Animal Cruelty, Child Abuse and Neglect, Domestic Abuse, Henry McMaster, New York Times, South Carolina Attorney General, South Carolina Supreme Court, Unpublished Opinions
Posted in Jurisprudence, Law and Culture, Not South Carolina Specific, Of Interest to General Public, South Carolina Appellate Decisions | 2 Comments »
Posted Wednesday, March 3rd, 2010 by Gregory Forman
Filed under Alimony/Spousal Support, Divorce and Marriage, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
No Comments »
Condonation (a legal term meaning “conditional forgiveness”) is a powerful defense to a fault divorce in South Carolina. If proven, condonation revives an alimony claim despite a spouse’s adultery and notwithstanding South Carolina’s statutory bar [S.C. Code Ann. § 20-3-130(A)] to awarding alimony to an adulterous spouse. See, Grubbs v. Grubbs, 272 S.C. 138, 140, [...]
Tags: Adultery, Alimony/Spousal Support, Attorney-Client Relations, Attorneys/Lawyers, Condonation, Divorce, Litigation Strategy, Marital Litigation in South Carolina, Popular Culture, Unpublished Opinions
Posted in Alimony/Spousal Support, Divorce and Marriage, Jurisprudence, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific | No Comments »
Posted Wednesday, October 14th, 2009 by Gregory Forman
Filed under Alimony/Spousal Support, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Specific
1 Comment »
A few weeks ago, I complained about the South Carolina appellate courts issuing uncitable, unpublished opinions from cases that were not decided in a summary fashion. The business day after I posted this blog, the South Carolina Supreme Court reversed an unpublished Court of Appeals opinion: Eldridge vs SC Department of Transportation. This really should not [...]
Tags: Appellate Practice, Jurisprudence, South Carolina Supreme Court, Unpublished Opinions
Posted in Alimony/Spousal Support, Jurisprudence, Of Interest to Family Law Attorneys, South Carolina Specific | 1 Comment »
