Welcome to the South Carolina Bar's E-Blast!
January 31, 2012
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.
Spartanburg High senior honored at 2012 Convention
Spartanburg High School senior Eva Hoffman was honored as the statewide best overall essay winner for the 2011 Law Day Essay Contest sponsored by the Senior Lawyers Division. Judge Mark Hayes presented the $1000 award to Ms. Hoffman on Jan. 20 in conjunction with the 2012 Bar Convention. To read Ms. Hoffman’s essay, click here. Other winners included Bryan Adams, best ninth grade essay (Fort Mill High School);
Ryan Brooks, best 10th grade essay (Bamberg Ehrhardt High School);
Shelby Leeanna Parris, best 11th grade essay (James F. Byrnes High School); and
Grace Stonecypher, best 12th grade essay (S.C. Homeschool Association).
New CLE publication available
The S.C. Law of Torts, Fourth Edition by Profs. F. Patrick Hubbard and Robert L. Felix
The fourth edition of The S.C. Law of Torts has been substantially revised to include recent changes in the law as well as new textual analysis to provide a more extensive and up-to-date reference. This edition includes research current through June 30, 2011. To order, click here.
USC School of Law adds to career services staff
The USC School of Law has announced the hiring of Yvonne A. Visser, Associate Director in Career Services. Visser will counsel students on judicial clerkships and public service opportunities, and help students achieve employment objectives in all areas of law, including private practice.
On the website
Employers and jobseekers: ads for positions available are posted at no charge to the Bar's online Career Center. To post an ad, e-mail email@example.com.
PMAP–Your guide to …
Computer mice. Computer mice have become extensions of our arms during the work day. Doesn’t it make sense to maximize yours? Now there are programmable mice that can perform tasks like clearing your screen and launching programs. Reviews of three hot new mice can be found here. Left-handed? No problem! Click here to see mice specially designed for you. For an entire ergonomic typing experience, try the Natural Ergonomic Desktop 7000. PMAP offers free practice management advice. Contact Courtney Kennaday at firstname.lastname@example.org for more information.
Spring Southeast Legal Hiring Conference
The Spring Southeast Legal Hiring Conference is being held Friday, March 30, at the Georgia State University College of Law. The event offers law firms the opportunity to recruit students from 12 top southeastern law schools for summer and entry-level positions. For more information or to register your firm, click here. Registration ends Wednesday, Feb. 8.
Revisions to the Self-Represented Litigant Simple Divorce Packet
The S.C. Judicial Department has revised form SCCA 400.10 SRL-DIV, Final Order of Divorce. Previous versions of this form are obsolete. The complete order can be found here, and the new form can be retrieved here.
Advance Sheet update
January 26, 2012
In this land dispute involving a road on the appellant’s property that leads to the respondents' property, the S.C. Court of Appeals affirmed the master's order granting the respondents a prescriptive easement to use the road "for ingress and egress" from their property to a public road. The court found that the evidence supported the master's finding that the respondents were the owners of the 20-foot right-of-way easement, by both claim of right and adverse use.
Kelley v. Snyder, No. 4929, is available online.
In this workers' compensation case, the court affirmed the circuit court's order as modified, reinstating the Appellate Panel's finding that S.C. Code Section 42-9-260 did not prohibit the employer and co-appellant from asserting its compensability defense. However, the court found Martint's defense is barred by the doctrine of waiver and laches because Martint knew of its defense the day of the accident, yet paid and has continued to pay the respondent’s disability compensation, and it did not assert the defense until at least 450 days after the accident.
Jervey v. Martint Env., No. 4930, is available online.
In this domestic relations matter, the wife appealed the decision of the family court judge reducing the monthly alimony obligation of the husband from $1,200 to $250. The court held the family court committed an error of law by reducing the husband's alimony based solely on the husband's age and reversed and remanded this matter. The court declined to adopt a bright-line rule that age alone is sufficient to justify a reduction or termination of alimony. Rather, a court should consider all relevant evidence and determine whether there has been a substantial or material, unanticipated change in circumstances warranting a reduction in a supporting spouse's alimony obligation.
Fuller v. Fuller, No. 4931, is available online.
Judge Lockemy concurred in a separate opinion.
Reitech applied for and received a zoning variance for a steel fabrication business. The appellant challenged the variance, and the court found the appellant failed to show that the Zoning Board's decision to grant the variance was arbitrary or capricious, and thus the variance did not create an unnecessary hardship. The appellant’s argument that the circuit court erred in affirming the Board's decision where the requested zoning variance was for the expansion of an existing business was without merit. Because buffering restrictions prevented Reitech from building sandblasting sheds, the court found the property was subject to an extraordinary and exceptional condition.
Black v. Lexington Cnty. Bd. of Zoning Appeals, No. 4932, is available online.
In this civil action for negligence and damages as a result of a vehicular accident, the court reversed and remanded this case for a new trial. Because the court found the issue of the respondent’s negligence should have been resolved by a directed verdict in the appellant's favor, the court also found there was no evidence in the record to support a charge of negligence to the jury. As the issue of the respondent's negligence should have been decided as a matter of law, the irrelevant and inapplicable principles of negligence had the strong possibility of confusing the jury and affecting the outcome of the trial.
Fettler v. Gentner, No. 4933, is available online.
In this criminal action resulting from a vehicular accident, the court affirmed the decisions of the trial court. In looking at the record and all reasonable inferences in the light most favorable to the state, the court found evidence existed for the jury to weigh whether the appellant violated S.C. Code Section 56-5-1810, thus supporting a charge of felony DUI. The court also found evidence existed for the jury to weigh the charge of child endangerment and affirmed the denial of a directed verdict on the child endangerment charge. Considering the high degree of deference an appeals court gives the trial court in granting a motion for continuance, the court found the trial court was within its discretion in this instance.
State v. Galimore, No. 4934, is available online.
Three years after suffering a collapsed lung following a medical procedure, the appellant filed a Notice of Intent to File Suit (Notice) against the respondent and subsequently filed an affidavit of a medical expert. The court affirmed the circuit court's dismissal of the appellant’s Notice for failure to timely file the medical expert's affidavit. By filing the affidavit after the Notice, the appellant failed to comply with the contemporaneous filing requirement of S.C. Code Section 15-79-125.
Ranucci v. Cain, No. 4935, is available online.
Chief Judge Few concurred in a separate opinion.
In this domestic case, the court held the family court erred in refusing to issue a supplemental order clarifying that the wife's share of the husband's retirement benefits was limited to those benefits he had accrued as of the issuance of the 1999 separate support and maintenance order. The court further held that the husband was entitled to have the Department of Defense Finance and Accounting Service calculate the wife's benefits based on an award of 43.8 percent of 252 months of his monthly military retirement benefits, retroactive to the date payments commenced. The court remanded the matter to the family court for issuance of a supplemental order incorporating these terms and providing for reimbursement to the husband for prior excess payments to the wife, and reconsideration of whether the wife was entitled to attorney's fees in view of the disposition of the other issues in this appeal and, if so, the amount to be awarded.
Mullarkey v. Mullarkey, No. 4936, is available online.
The Court has accepted the resignations from the Bar of Michael J. Bosworth, Richard M. Kennedy Jr., Anna-Liisa Nixon and Robert Eric Peterson.
AgFirst Farm Credit Bank announces that Wes Sutton has been named assistant general counsel of the bank located at 1401 Hampton St., Columbia 29201. (803) 753-2274.
Steven Bell Jr. announces the opening of Steven Bell, Attorney at Law located at 1327 Ashley River Rd., Ste. 100, Bldg. C, Charleston 29407. (843) 576-2292.
Cothran Law Office, LLC announces that Jonathan Sullivan has joined the firm as an associate located at 81 Vincent Dr., Mount Pleasant 29464. (843) 856-0433.
Crawford & von Keller, LLC announces that Sara C. Hutchins has become partner in the firm and Adam Schanz has joined the firm as an associate located at 1640 St. Julian Place, Columbia 29204. (803) 790-2626.
Gallivan, White & Boyd, PA announces that T. Cory Ezzell has been elected partner in the Greenville office located at 55 Beattie Place, Ste. 1200, 29601. (864) 271-9580.
Ogletree, Deakins, Nash, Smoak & Stewart, PC announces that John Wentzell Jr. has been elected shareholder in the Greenville office located at 300 N. Main St., 29601. (864) 271-1300.
J. Steven Rodenberg, Lorey Callihan, Rodney Davis, Katherine C. "K.C." Lohr and Melissa Syracuse announce the opening of Rodenberg Callihan Davis Lohr & Syracuse, LLC located at 7301 Rivers Ave., Ste. 241, N. Charleston 29406. (843) 789-3749.
The S.C. Supreme Court Staff Attorneys Office announces that Stephanie Ramia has become staff attorney in the office located at 1231 Gervais St., Columbia 29201. (803) 734-1160.
Patrick R. Watts announces the opening of Patrick Watts, PA located at 140 N. Main St., Ste. 203, Summerville 29483. (843) 851-7050.
Community Association Law Committee Meeting, Bar Building
Children's Law Committee Meeting, Bar Building
Practice and Procedure Committee Meeting, Bar Building
Board of Governors Meeting, Bar Building
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