Posts Tagged ‘South Carolina Supreme Court’

Supreme Court holds order establishing common-law marriage is immediately appealable

The April 3, 2019 Supreme Court opinion in Stone v. Thompson addresses the appealability of final orders from bifurcated proceedings for marital dissolution when a common-law marriage is alleged. Stone filed an action in the family court to establish a common-law marriage and for equitable distribution of marital property. The family court bifurcated the proceedings […]

Supreme Court acknowledges investment income is a factor in awarding alimony but affirms alimony award in which family court declined to set a specific figure for such income

The March 20, 2019, South Carolina Supreme Court opinion in Sweeney v. Sweeney “establishes” something I had assumed was already well established: in setting alimony, the family court should consider investment income available to the parties. After all, the sixth alimony factor is “the current and reasonably anticipated earnings of both spouses.” S.C. Code Ann. […]

Supreme Court reinstates termination of father’s parental rights and authorizes foster parent adoption

The May 9, 2018 Supreme Court opinion in SCDSS v. Smith, 423 S.C. 60, 814 S.E.2d 148 (2018), reverses a 2017 Court of Appeals opinion, terminates father’s parental rights, and authorizes the foster parents to adopt the minor child at issue. This case is extremely fact intensive but to summarize: at the time this child was conceived […]

Supreme Court clarifies standard of review on family court appeals (and the Stoney appeal may never end)

On April 18, 2018, almost four months after the South Carolina Supreme Court remanded the appeal of Stoney v. Stoney back to the Court of Appeals to apply the correct standard of review, the Supreme Court issued a revised opinion clarifying that standard of review. The revised opinion, Stoney v. Stoney, 422 S.C. 593, 813 S.E.2d […]

Supreme Court issues slightly modified opinion in Ex-Parte: Carter

On April 11, 2018 the Supreme Court issued a slightly modified opinion of its March 21, 2018 decision in Ex-Parte: Carter, 422 S.C. 623, 813 S.E.2d 686  (2018). It appears to have made three minor changes that do not affect the general ruling. First, it adds a footnote indicating that “the Carters were sent an email […]

Supreme Court authorizes collateral attack on adoption due to significant procedural irregularities

N.B. the opinion discussed below was subsequently slightly modified. See Supreme Court issues slightly modified opinion in Ex-Parte: Carter. The phrase Kafkaesque is an overused cliche but sometimes it’s apt. That is the situation described in the March 21, 2018 South Carolina Supreme Court opinion of Ex Parte: Carter. While Ms. Carter may be full of […]

Supreme Court clarifies when email notice is proper notice

In 2015, when the Court of Appeals, in the case of Wells Fargo Bank, N.A. v. Fallon Properties, SC, LLC, 413 S.C. 642, 776 S.E.2d 575 (Ct. App. 2015), dismissed an appeal due to untimely service of the notice of appeal where appellant had received written notice of the entry of the order via email, […]

Supreme Court adds one sentence to the Conits opinion

On January 17, 2018, the South Carolina Supreme Court issued a refiled opinion in the case of Conits v. Conits, 422 S.C. 74, 810 S.E.2d 253 (2017), modifying the concluding sentence to read as follows: We REMAND to the court of appeals to rule on the merits of the issue and to consider any other issues […]

 

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