Posts Tagged ‘Equitable Distribution/Property Division’

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 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, 425 S.C. 161 (S.C. App. 2018), 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 […]

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

N.B. On January 9, 2019, the Court of Appeals issued a slightly revised opinion in this case. 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 […]

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, 425 S.C. 119 (S.C. App. 2018), 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 […]

Stoney 2 (or 4) largely follows the original Stoney opinion

The long strange journey of the Stoney appeal took another step on August 29, 2018 when the Court of Appeals issued its remanded opinion in Stoney v. Stoney, 425 S.C. 47, 819 S.E.2d 201 (Ct. App. 2018). Told by the Supreme Court to review the case on a de novo standard of review, and then told by […]

Unpublished Conits opinion reveals the dangers of lackadaisical litigating

After three published opinions in Conits v. Conits, one a refiled Supreme Court opinion, on May 2, 2018 the Court of Appeals issued an unpublished opinion on the remanded issue of the value of Husband’s Greek farm. Either Spiro Conits is a pants-on-fire liar who is finally getting his just desserts or a foolish litigant […]

Court of Appeals approves joint custody order (and the post-trial reformation of an equitable distribution agreement)

The May 2, 2018 Court of Appeals opinion of Clark v. Clark, 423 S.C. 596, 815 S.E.2d 772 (Ct. App. 2018), is one of the rare published opinions approving true joint physical custody. Further the opinion approves a post-trial reformation of an equitable distribution agreement based upon what the court described as a “clerical error.” The […]

 

Put Mr. Forman’s experience, knowledge, and dedication to your service for any of your South Carolina family law needs.

Contact Mr. Forman