Welcome to the South Carolina Bar's E-Blast!
March 24, 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.
MCLE compliance deadline is one week away
This week the Commission on CLE and Specialization sent more than 350 e-mail notices to attorneys who have not yet established compliance with the 2010-2011 MCLE/LEPR requirements. Pursuant to Rule 419, SCACR, if these attorneys do not earn sufficient accredited CLE hours (or have carry forward hours from the previous reporting period), file their reports, and pay fees by March 31, they will be automatically suspended from the practice of law without further notice. Compliance reports and fees must be received in the Commission office no later than March 31. It is not sufficient if they are mailed by this date. Questions should be directed to the Commission at (803) 799-5578 or e-mailed to email@example.com.
Memorandum issued on backlog of DUI cases
Chief Justice Toal issued a memorandum to all Bar members on March 22 with regard to disposal of DUI/DUAC cases in the summary courts statewide. Click here to view the full memorandum.
Advance Sheet update
March 24, 2011
The S.C. Court of Appeals reversed and remanded this case. The court opined that the circuit court erred in dismissing Appellants' defenses and counterclaim relating to the release because Respondent's claim could have arisen prior to the closing. The circuit court's reliance on old case law was misplaced, and more recent standing cases indicated a claim accrued at the time of the wrongdoing by the fiduciary, not necessarily at the time a merger closed. A claim may be brought prior to the incurring of money damages in the form of a request for injunctive relief.
Menezes v. WL Ross & Co., No. 4810, is available online.
Judge Pieper concurred in a separate opinion.
The court reversed the trial court's decision to disclose the Quality Assurance Committee (QAC) file and grant the Respondent a new trial. The trial court based its ruling upon a comparison of evidence beyond the scope of its authority on remand, an argument the court previously held was not properly before the trial court, and a misconstruction of Section 40-71-20. The trial court's decision to disclose the QAC file was the sole basis for granting a new trial, so the reversal removes that basis.
Prince v. Beaufort Memorial Hospital, No. 4811, is available online.
Judge Few concurred in a separate opinion.
The court affirmed the decision of the administrative law judge requiring the Appellant to rebuild its private community dock. The location of the dock constituted a navigational hazard to the public, which rendered it a material harm according to the policies of the S.C. Coastal Zone Management Act, S.C. Code Ann. Section 48-39-10 to -360. The motion to dismiss was without merit because, prior to the time that Appellant filed its appeal, there was no rule about the binding effect of the service of an order by electronic mail. Therefore, due process does not allow the court to recognize such service in applying Rule 203(b)(6), SCACR, to determine the timeliness of the appeal in this case.
White v. SCDHEC, No. 4812, is available online.
The court affirmed the administrative law court's (ALC) grant of summary judgment in favor of the Respondent because she did not violate the cease and desist order to not sell manufactured homes without a license. The court vacated the ALC's order insofar as it addresses the issue of whether a detitled manufactured home is subject to the strictures of the code.
SCLLR v. Chastain, No. 4813, is available online.
Rogers Townsend & Thomas announces that Charles S. Gwynne Jr. and Steven T. Moon have become shareholders of the firm with offices located at 220 Executive Center Dr., Columbia 29210. (803) 771-7900. Lauren S. Thurmond has become a shareholder of the firm with offices located at 2550 W. Tyvola Rd., Ste. 520, Charlotte 28217. (704) 442-9500.
Leonard Blakely Burgess, 81, of Pawleys Island died on December 23, 2010. His obituary can be viewed here.
Michael S. Thwaites, 58, of Greer died on February 24. His obituary can be viewed here.
Consumer Law Section CLE & Luncheon, Bar Building
Dispute Resolution Section Council Meeting, Bar Building
Professional Responsibility Committee Meeting, Bar Building
Government Law Section Council Meeting, Conference Call
Resolution of Fee Disputes Board Meeting, Bar Building
YLD Committee Chairs Meeting, Bar Building
Elder Law Committee Meeting, Bar Building
Practice and Procedure Committee Meeting, Bar Building
To be added or deleted from the E-Blast mailing list, please contact Latoya Jackson in Membership Services at firstname.lastname@example.org or (803) 799-6653, ext. 137.