Archive for the ‘South Carolina Appellate Decisions’ Category

2018 Published Family Court opinions summary

My annual table of the previous year’s published South Carolina family court opinions are below. There were sixteen published opinions in 2018, two of which were slight revisions of opinions first published in 2017. This is much fewer than the number when I started this blog a decade ago but much more than have been […]

Court of Appeals slightly revises opinion in Brown v. Odom

On January 9, 2019 the South Carolina Court of Appeals released a slightly revised opinion in Brown v. Odom. Normally I would discuss the changes to a substituted published opinion. However, here the substituted opinion contains no new legal analysis and simply makes small but frequent revisions to the factual findings that underpin the holding. […]

Court of appeals reverses grant of grandparent visitation based upon narrow interpretation of “denying visitation”

The January 4, 2019 Court of Appeals opinion in Brown v. Key represents the first published opinion addressing the 2014 revision to South Carolina’s grandparent visitation statute, S.C. Code § 63-3-530(A)(33). Four months after affirming an award of grandparent visitation under the prior, more restrictive statute, Brown reversed the family court’s award of grandparent visitation. […]

Court of Appeals addresses valuation of a closely held business

The November 28, 2018 Court of Appeals opinion in Clark v. Clark is one more data point in the confusion that is South Carolina transmutation litigation. Clark further addresses how one values the minority shares of a closely held business. The primary issue on appeal involved identifying the marital portion and valuing PCI, a business […]

Bojilov highlights importance of a good record and accurate financial declarations

The September 19, 2018 Court of Appeals opinion in Bojilov v. Bojilov doesn’t establish any novel legal issues but does highlight important recurring issues in South Carolina Family Law. Bojilov stems from a divorce, with the primary issues on appeal being child custody, Husband’s right to travel with the child to Bulgaria, alimony, equitable distribution, […]

Hard to win the appeal when you don’t show up for trial

The September 19, 2018 Court of Appeals opinion in Brown v. Odom supports the general proposition that it’s hard to win an appeal when you don’t show up for trial. Brown primarily addresses issues of transmutation and the inclusion in the marital estate of an asset Husband re-deeded to his uncle shortly before Wife filed her […]

Smith case addresses alimony and transmutation issues

While there is nothing surprising in the September 19, 2018 Court of Appeals opinion in Smith v. Smith, the decision addresses some novel issues of alimony and equitable distribution. Smith stems from a divorce action filed by Wife on December 27, 2013. For the previous five years Husband had (admittedly) engaged in a pattern of […]

Applying prior, more restrictive, version of grandparent visitation statute, Court of Appeals still affirms award of grandparent visitation

The September 5, 2018 Court of Appeals opinion in Grantham v. Weatherford addresses the application of South Carolina’s Grandparent Visitation Statute, S.C. Code § 63-3-530(A)(33). However, while granting maternal grandparents (Grandparents) visitation with their grandchildren, it does so under the 2010 amendment to that subsection, which has since been superseded by the 2014 version. Grantham […]

 

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