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Welcome to the South Carolina Bar's E-Blast!
July 12, 2011
E-Blast highlights upcoming activities, legal information and links to the Bar's website at
www.scbar.org.
The South Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law.

 

Applications for judicial offices
The Judicial Merit Selection Commission is currently accepting applications for the judicial offices listed on this media release. In order to receive application materials, a prospective candidate must notify the Commission in writing of his or her intent to apply. Correspondence and questions may be directed to the Judicial Merit Selection Commission, Jane O. Shuler, Chief Counsel, P.O. Box 142, Columbia, S.C. 29202. (803) 212-6629. The Commission will not accept applications after noon on Thursday, August 11.

Foundation announces officers
The Bar Foundation announces its officers as follows: Wallace K. Lightsey, President; Jack D. Griffeth, President-Elect; and Beverly A. Carroll, Secretary/Treasurer. The Foundation is the philanthropic arm of the S.C. Bar. Its mission is to fund the advancement of justice by improving access, education and accountability. Since 1987, the Foundation has awarded more than $43 million to various legal-related organizations that work on behalf of the justice community. Please join us.

Pub Olympics tonight in Greenville!
Young lawyers in the 13th Judicial Circuit are invited to attend the 6th annual
Pub Olympics tonight at 5:30 p.m. at the Corner Pocket Tavern & Oyster Bar located at 21 E. Coffee St. in Greenville. RSVP to Reid Sherard at reid.sherard@nelsonmullins.com.

Reduce your office expenses through Office Depot
Bar members are eligible for discounts on office supplies, technology and printing through Office Depot. Join today to start saving on office supplies you use everyday, including many law firm specific items! FREE next day delivery on office supply orders of more than $50 (furniture and technology items marked as special delivery excluded). Click here for Office Depot Registration. For special account set-ups, such as invoicing or multiple locations, please e-mail tyler.mccart@officedepot.com.

PMAP -- Your guide to...
Twitter. Twitter is the social network based on brief messages of up to 140 characters. You can use Twitter to pass along news and information of interest to your friends, clients and colleagues. You don’t have to use text messaging on your phone; you can tweet from your computer. If you are thinking about joining the legions of lawyers using Twitter, don’t miss these Essential Dos and Don’ts for Twitter Users from lawyer Dan Pinnington. Follow the Bar on Twitter! PMAP is also on Twitter! 

Scam alert
The Bar recently received word about a scam attempt regarding a "breach of loan agreement." Please visit the Scam Alert page on the Bar's website for the most recent alert. We will continue to notify members through E-Blast as we receive reports.


Court revisions to simple divorce packet
The Court has posted revisions to the self-represented litigant simple divorce packet. To view the order, click here.

Advance Sheet update
July 6, 2011

The S.C. Court of Appeals affirmed the circuit court's order reversing the Appellate Panel and found that Respondent was an employee of Appellant and suffered a compensable injury.  Appellant never asked Respondent if he had any current or prior injuries, and regardless of his injuries, Respondent was physically able to do all the jobs Appellant hired him to do.  Therefore, the court found that Respondent did not knowingly and willfully make a false representation as to his physical condition.     
Rabon v. Arrow Exterminating, Inc., No. 4849, is available online.

The court affirmed the trial court's estreatment of Hinojos's bond because Appellants were properly notified of the hearing and agreed to retain the bond after the modification.  Even though the agreement was not in writing, the Appellants are still liable for the bond based on equitable estoppel.  The court reversed the trial court's estreatment amount determination and remanded to the trial court to consider the Polk factors.
State v. Hinojos, No. 4850, is available online.

July 7, 2011
The S.C. Supreme Court vacated the Town of Atlantic Beach Municipal Election Commission's (MEC) decision to de-certify the election.  The Court ordered that the original certification of the election, declaring Appellants as the winners, should be restored due to the Respondents' conscious disregard of both S.C. Code Section 5-15-130 and the will of the voters. 
Cole v. Town of Atlantic Beach Election Comm'n, No. 26996, is available online

July 11, 2011
The S.C. Supreme Court reversed the summary judgment for Respondent and remanded the case for further proceedings, concluding that the circuit court erred in finding that Appellant's mortgages were insufficient to secure a lien on the timber for the subject property and that he was required to meet the UCC requirements.  The UCC requirements pertain to securing an interest in timber to be cut under a contract of sale, and these interests are subject to liens already noticed in the real estate records. 
Epstein v. Coastal Timber Co., Inc., No. 26997, is available online.

The Court reversed the trial court's suppression of the now-deceased victim's testimony from the first trial from being read into the record during Respondent's new trial after the Court granted post-conviction relief.  The defense counsel's decision not to cross-examine the victim was reasonable and did not amount to ineffective assistance of counsel, even though the Respondent obtained a new trial based on ineffective assistance of counsel in other areas of the trial.
State v. Nance, No. 26998, is available online.
Justice Pleicones dissented in a separate opinion.

The Court affirmed the circuit court's order holding that the facts in this case supported a finding that Respondent was an employee subject to the jurisdiction of the Workers' Compensation Commission.  Other issues not related to jurisdiction were not properly before the Court on appeal and not preserved for review. 
Pikaart v. A & A Taxi, Inc., No. 27003, is available online.

The Court found the circuit court erred in classifying the Town's jurisdictional challenge as one involving subject matter jurisdiction.  Because Roberts timely served her notice of appeal on the municipal court, she met the procedural requirements of Section 14-25-95; thus, her failure to obtain a bond or pay the court-ordered fine did not divest the circuit court of appellate jurisdiction.  The Court also found the Town of Mt. Pleasant's prolonged failure to equip its patrol vehicles with video cameras defeated the intent of the Legislature; therefore, the Town should not be able to avoid its statutorily-created obligation to produce a videotape by repeatedly relying on subsection (G) of Section 56-5-2953.  Because the Town failed to establish any statutory exception to excuse its noncompliance, the Court held the circuit court judge correctly reversed Roberts's DUI conviction and dismissed the charge. 
The Town of Mt. Pleasant v. Roberts, No. 27005, is available online.

The Court found the circuit court erred in holding DHEC lacked jurisdiction over the isolated wetlands located on Respondent's lot.  The Court reversed the circuit court's order finding that Respondent complied with all legal requirements for filling the wetlands, as it is uncontroverted that it did so without obtaining a permit from DHEC as required by the South Carolina Pollution Control Act, Section 48-1-10 et seq. The Court found the Act provided for a private cause of action in Section 48-1-250 and therefore reversed the circuit court's order finding the Appellant under the Act can maintain no such suit. 
Georgetown Cnty. League of Women Voters v. Smith Land Co., No. 27006, is available online.
Justice Hearn concurred in part and dissented in part in a separate opinion, in which Justice Kittredge concurred.

Reinstatement
By order of July 6 the Court has reinstated Tresslar O. Hydinger to active practice.

Discipline
By order of July 11 the Court suspended Louis S. Moore for 90 days (retroactive to May 18, 2009) for misconduct which involved issuing a trust account check on insufficient funds for a personal expense.
 
By order of July 11 the Court disbarred Clyde Louis Pennington for misconduct which included failing to return unearned fees, failing to make payments on behalf of a client, failing to pay medical providers, and failing to notify clients of his suspension from practice.
 
By order of July 11 the Court issued a public reprimand to Gwendolyn Long Robinson for misconduct which involved notarizing and submitting two unsworn, unsigned affidavits in a federal civil suit.
 
By order of July 11 the Court disbarred Irby Ezell Walker (retroactive to September 18, 2009) for misconduct which included failing to competently and diligently work on a matter, failing to submit a loan payoff, failing to maintain accurate and complete trust account records, solicitation of a felony, inducing an opposing party to fire opposing counsel in order to reach an agreement with her husband, failing to file a matter within the statute of limitations, and failing to deposit a retainer into a trust account.

Firm announcements
Haynsworth Sinkler Boyd, PA announces that Wm. Howell Morrison has become a shareholder in the Charleston office located at 134 Meeting St., 4th Floor, 29401. (843) 720-4405.

J. Lewis Cromer and Benjamin M. Mabry announce the dissolution of the law firm of Cromer & Mabry. Mr. Cromer will continue to practice law with the firm of J. Lewis Cromer and Associates, LLC located at 1522 Lady St., Columbia 29211. Tandi D. Ross and Julius W. Babb IV are associates of this firm. Benjamin M. Mabry will continue to practice law with the Mabry Law Firm, LLC located at 300 Candi Lane, Columbia 29210. Janet E. Rhodes is an associate of this firm.

Nelson Mullins Riley & Scarborough announces that Sara Pendarvis Bazemore has joined the Myrtle Beach office as an associate located at 3751 Robert M. Grissom Pkwy., Ste. 300, 29577. (843) 448-3500.

Ogletree, Deakins, Nash, Smoak & Stewart, PC announces that Daniel Sulton has become Of Counsel to the firm’s Greenville office located at 300 N. Main St., 29601. (864) 271-1300.

Orr, Elmore & Ervin announces that Ashley B. Nance has joined the firm as an associate located at 504 S. Coit St., Florence 29503. (843) 667-6613.

Robinson, McFadden & Moore, PC announces that Page M. Kalish has joined the firm located at 1901 Main St., Ste. 1200, Columbia 29201. (803) 227-1138.

The S.C. Department of Corrections
announces that Shanika Johnson has become a staff attorney at the department located at 4444 Broad River Rd., Columbia 29210. (803) 896-8508.

In memoriam
Kimberly Burrell McQuinn, 49, of Columbia died on June 29. Her obituary can be viewed at The State website.

Calendar
July 14
Board of Governors Meeting, Conference Call

July 15
Ethics Advisory Committee Meeting, Columbia
Trial & Appellate Advocacy Section Council Meeting, Conference Call

July 21
Family Law Section Council Meeting, Bar Building

July 22
Professional Responsibility Committee Meeting, Columbia

July 28
Workers' Compensation Section Council Meeting, Conference Call

July 29
Elder Law Committee Meeting, Bar Building

August 3
Corporate Law Section Council Meeting, Conference Call

August 9
Construction Law Section Council Meeting, Conference Call

August 10
Government Law Section Council Meeting, Conference Call


To be added or deleted from the E-Blast mailing list, please contact Latoya Jackson in Membership Services at
ljackson@scbar.org or (803) 799-6653, ext. 137.

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