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Welcome to the South Carolina Bar's E-Blast!
September 6, 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.
Next up in the Bar video series: Mike Kelly
Columbia lawyer Mike Kelly is featured in the "Proud to be a South Carolina Lawyer" video series, designed to present a glimpse into the lives of S.C. lawyers. Click here to see the video, and "Like" the Bar on Facebook to see an additional video each week and share them with others.
Save more through FedEx Office and HP!
For a limited time, S.C. Bar members can save even more through member benefits! Enroll in the S.C. Bar FedEx Office discount program through Sept. 30 and receive additional savings of up to 30 percent on select copy and print services for 30 days upon sign-up. Click here and enter passcode V44Q8D to enroll. For more information, call 1-800-MEMBERS. Also through Sept. 30, HP is offering Bar members a discounted price on the Compaq 100B Small Form Factor (XZ846UT#ABA). For details, call (888) 202-4465 and mention STBAR.
Advance Sheet update
The S.C. Court of Appeals found the circuit court erred in denying a directed verdict to the appellants and listed specific funds that should be returned to the plaintiffs. The court remanded to the circuit court for a determination of the interest on those sums. The circuit court did not err in granting a directed verdict as to the claims for aiding and abetting a breach of fiduciary duty, fraud, conversion and civil conspiracy. The court also concluded that the failure to give the requested jury instruction on joint bank accounts did not constitute prejudicial error and the failure to modify the instruction on the conversion claim was not erroneous. The court affirmed the circuit court's decision not to impose a constructive trust on the disputed funds in favor of Clara Burch's estate. The remainder of the appellants' equitable claims were abandoned on appeal.
Gordon v. Busbee, No. 4880, is available online.
The court affirmed the family court's equitable distribution award with certain modifications. Because the wife had already paid approximately 35.4 percent of the marital taxes, the remaining debt assessed to the wife was 14.6 percent of the total tax liability incurred by both parties during the marriage. The court found the $40,000 advance from the wife's parents for the down payment on the marital home was not a loan and the $30,000 special equity awarded to the wife was to be included in the equity calculation of the marital home and divided equally between the husband and wife. The court affirmed the result of the family court's order with respect to the personal property of the parties and the family court's denial of attorney's fees to the husband.
Barrow v. Barrow, No. 4881, is available online.
The court held the circuit court erred in affirming the magistrate court's ruling that the 10-year statute of limitations from S.C. Code Section 15-3-350 applied, rather than the three-year statute of limitations from S.C. Code Section 15-3-530. The language in the statute was clear and unambiguous that the three-year limitation applied to contracts and a commercial lease agreement was a contract. Section 15-3-350 did not apply because it was only for an action founded upon title to real property and actions for rent based upon title to real property.
Palmetto Co. v. McMahon, No. 4882, is available online.
In this cross-appeal, the court agreed with the family court that Eastview and the home were marital property. The court reversed the family court's decision to alter the valuation of Eastview and remanded to the family court to determine its value as of May 11, 2007, and apportion it without any consideration of marital economic misconduct since Mr. Nestberg did not act in bad faith. Since the court reversed the family court's valuation of Eastview, on remand, the family court must reconsider whether to award attorney's fees and, if so, how much. Ms. Nestberg’s issues were not unpreserved on appeal.
Nestberg v. Nestberg, No. 4883, is available online.
September 6, 2011
The S.C. Supreme Court reversed the special referee's affirmance of the respondent's award based upon the clear language of S.C. Code Section 42-11-60. In that Section, the General Assembly specified that recovery for a pulmonary disease such as the respondent's hinges upon a showing of lost wages under Section 42-9-10 and 42-9-20. Since the respondent was unable to prove lost wages, the Court found that the respondent cannot recover under Section 42-9-20 and, as a result, does not have a compensable occupational disease.
Skinner v. Westinghouse Electric Corp., No. 27037, is available online.
The Court granted certiorari to review a decision of the Court of Appeals which upheld the circuit court's denial of both petitioners' Rule 60(b), SCRCP, motions. The Court of Appeals rested its affirmance on issue preservation grounds; a meritorious defense was necessary in order for a judgment to be set aside under Rule 60(b). Neither the Court of Appeals nor the Court decided whether a meritorious defense as to damages alone and not as to liability is an adequate basis for the grant of Rule 60 relief. Moreover, the Court did not decide whether a party demonstrating a meritorious defense to the damages awarded in the default proceeding would be entitled to have the entire judgment set aside or merely the damages award. Since the issue of a meritorious defense was neither raised to nor ruled upon by the circuit court, the decision of the Court of Appeals was affirmed.
McClurg v. Deaton, No. 27038, is available online.
Chief Justice Toal dissented in a separate opinion.
By order of September 2 the Court placed Daniel A. Beck on interim suspension. Gregory D. Keith is the trustee.
By order of September 1 the Court reinstated Gerald Francis Meek to the active practice of law.
Gallivan, White & Boyd, PA announces that Laura Watkins Jordan has joined the Columbia office as an associate located at 1201 Main St., Ste. 1110, 29201, (803) 779-1833, and that Jared Pretulak has joined the Greenville office as an associate located at One Liberty Square, 55 Beattie Place, Ste. 1200, 29601, (864) 271-9580.
The Law Office of Dean B. Bell, LLC announces that R. Myers Truluck Jr. has joined the firm located at 1 Corpus Christi Place, Bldg. 105, Hilton Head 29928. (843) 785-9772.
McNair Law Firm, PA announces that Amber Martella has joined the firm as an associate located at 1221 Main St., Ste. 1800, Columbia 29201. (803) 799-9800.
Ramsdale Law Firm, LLC announces that Casie N. Suddeth has joined the firm as an associate located at 1476 Ben Sawyer Blvd., Ste. 5, Mt. Pleasant 29464. (843) 849-8744.
Ayesha T. Washington announces the opening of The Washington Law Firm, LLC located at 11 Gamecock Ave., Ste. 1103, Charleston 29407. (843) 410-5434.
Children's Law Committee Meeting, Bar Building
Practice and Procedure Committee Meeting, Conference Center
Board of Governors Meeting, Bar Building
Ethics Advisory Committee Meeting, Nelson Mullins, Columbia
September 21 - 22
Judicial Qualifications Committee Screening, Bar Building
Professional Responsibility Committee Meeting, Bar Building
Senior Lawyers Division Meeting, Bar Building
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at email@example.com or (803) 799-6653, ext. 171.