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Welcome to the South Carolina Bar's E-Blast!
April 28, 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.
Bar President, officers and board members take office May 5
Greenville attorney A. Marvin Quattlebaum Jr. will be installed as the 2011-12 president of the Bar on Thursday, May 5, during the House of Delegates meeting at Larkin's on the River in Greenville. Other officers and board members to be sworn in are: Angus H. Macaulay, President-Elect; Alice F. Paylor, Treasurer; J. Calhoun Watson, Secretary; Kathryn D. DeAngelo, Tina N. Herbert, Harold W. Jacobs, Floyd S. Mills III, E. Brown Parkinson and David W. Whittington, Board Members; and Bradish J. Waring, ABA State Bar Delegate. Bar members are invited to attend a reception honoring incoming President Marvin Quattlebaum at 4:30 that day at Wyche Pavilion.
Two S.C. schools to attend national competition
Two South Carolina schools will represent the state at the first National Middle School Mock Trial Competition. They are the 2011 Middle School Mock Trial State Champion, Forestbrook Middle School and the 2011 Law Related Education Middle School of the Year, Ocean Bay Middle School. Congratulations and good luck to these schools!
On January 27, 2011, the following were submitted to the General Assembly pursuant to Article V, Section 4A, of the S.C. Constitution: (1) an order amending Rule 219 of the S.C. Appellate Court Rules; (2) an order amending Rules 16, 26, 28, 33, 34, 37 and 45 of the S.C. Rules of Civil Procedure; (3) an order amending Rule 3 of the S.C. Rules of Civil Procedure; (4) an order amending Rule 29 of the S.C. Rules of Criminal Procedure. Since 90 days have passed since submission without rejection by the General Assembly, the amendments contained in the above orders are effective immediately. To view the full text of the order, click here.
Another new subscription offering from Casemaker!
CASEMAKERdigest case summary program gives updates to the newest appellant cases available. Available at www.casemakerdigest.com, CasemakerDigest allows users to choose a specific jurisdiction and view the current week's summaries and archived summaries. The summaries themselves are easily accessed, organized and viewed. Each summary provides the reader with a 'long name' or basic conclusion of the case (the gold heading), the 'short name' or case name, the areas of practice covered in the case/summary, the court from which the case was delivered, the judge who authored the case and the date and docket number of the case. Below the basic information will be a brief summary of the case with a direct link to the full opinion within the Casemaker legal research library. CASEMAKERDigest provides several filters that a user may activate in order to pinpoint the most relevant summaries of interest, including: personal search term, area of practice, court and judge. You are able to save your filters to an RSS feed and receive notification of relevant cases as they are delivered by the courts. RSS notifications may be delivered to Outlook, Google, Internet Explorer, Firefox, Safari and Yahoo. Try it for free for 14 days. Monthly costs are $9.95, yearly are $99.95, and groups can save up to 30 percent.
Advance Sheet update
April 27, 2011
The Court of Appeals affirmed the family court's decision to impute additional income to the husband for purposes of wife's temporary and permanent alimony awards, to award permanent alimony to wife and to exclude certain pre-separation debts from the marital estate. Because of the Court of Appeals' finding regarding temporary alimony, it reversed the portion of the family court's order that found husband's overpayment of temporary alimony negated his requirement to pay his wife's attorney's fees and costs.
Grumbos v. Grumbos, No. 4825, is available online.
The Court of Appeals affirmed the circuit court's confirmation of an arbitration award to Respondent C-Sculptures. The court opined that, under its standard of review, it could not conclude the arbitrator showed a manifest disregard for the law. Additionally, the attorney's fees award was neither arbitrary nor capricious and did not demonstrate a manifest disregard for the law.
C-Sculptures v. Brown, No. 4826, is available online.
The Court of Appeals affirmed the order of the master to stay foreclosure proceedings, concluding that the foreclosure proceedings were stayed pursuant to Rule 241, SCACR, and that the circuit court's order confirming the arbitration award did not direct the payment of money or the sale or delivery of real property.
C-Sculptures v. Brown, No. 4827, is available online.
The Court of Appeals affirmed the decision of the circuit court, finding that: 1) the trial judge acted within his discretion when he decided not to excuse any additional jurors for cause; 2) the issue of admitting the expenses that appellant AnMed charged Respondent Burke for her hysterectomy as evidence of actual damages was not preserved for review; 3) the trial court was within its discretion to admit the evidence in question as context for the jury to understand the injury Burke suffered and the resulting damages; and 4) the trial judge's ruling to deny the motion for a new trial was within his discretion.
Burke v. AnMed Health, No. 4828, is available online.
The Court of Appeals dismissed this appeal for lack of jurisdiction because appellant AMS had not appealed an order of the circuit court enumerated in Section 15-48-200(a) of the S.C. Code.
Steinmetz v. American Media Services, No. 4829, is available online.
The Court of Appeals affirmed the order of the circuit court, finding that the trial court acted within its broad discretion to determine the beginning date of Miller's probation and properly tolled the start date of Miller's probation until his release from civil commitment as a Sexually Violent Predator.
State v. Miller, No. 2830, is available online.
The Court of Appeals affirmed the trial court's finding that the Hamlets of Crowfield Covenants and Restrictions do not allow the Association to approve fence construction applications for lots that abut the lake, lagoons or golf course in the Hamlets, except for stated limited circumstances and the Association violated such determination by approving the projects.
Matsell v. Crowfield Plantation, No. 4831, is available online.
Member status change
By order of April 26 the Court transferred Ronald A. Hightower to incapacity inactive status. Stanley Lamont Myers was named trustee to protect the clients.
J. Ryan Berry announces the opening of the Berry Law Office located at 133 E. 1st N. St., Ste. 7, Summerville 29483. (843) 261-0075.
Scott J. Bradley announces the opening of the Scott Bradley Law Firm, LLC located at 1 Augusta St., Ste. 301D, Greenville 29601. (864) 416-1540.
McAngus Goudelock & Courie announces that Elizabeth F. Render has joined the firm's Columbia office located at 700 Gervais St., # 300, 29201. (803) 779-2300.
Law Related Education Committee Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Bar Building
Construction Law Section Council Meeting, Conference Call
Corporate, Banking and Securities Law Section Council Meeting, Conference Call
Board of Governors Meeting, Greenville
House of Delegates and Assembly Meetings, Greenville
Health Care Law Section Council Lunch & Learn, Bar Building
Professional Responsibility Committee Meeting, Bar Building
Tax Law Section Council Meeting, Conference Call
Elder Law Committee Meeting, Bar Building
Family Law Section Council Meeting, Bar Building
Children's Law Committee Meeting, Bar Building
Probate, Estate Planning & Trust Section Council Meeting, Conference Call
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.
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