E-Blast Archive Issue

Stay connected with the Bar!

Welcome to the South Carolina Bar's E-Blast!
July 5, 2011
E-Blast highlights upcoming activities, legal information and links to the Bar's website at
The South Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law.

Call for authors!
The South Carolina Lawyer is looking for articles that appeal to a broad range of lawyers. Possible topics include: Impact of New Amendments to S.C. Property Tax Valuation Reform Act, Employer-Provided Health Care Coverage Under the Affordable Care Act, The U.S. Immigration System, First Amendment and Professional Ethics for Government Attorneys, E-Discovery and Homeowner’s Associations. If you are interested in writing an article, view the Memorandum for Authors and submit a proposal to Authors may receive two MCLE credit hours for articles that are at least 2000 words in length.

Memo issued regarding revenue generation in lower courts
The Court has issued a memorandum to clerks of court, registers of deeds, magistrate and municipal judges and county treasurers regarding statutory provisions for the distribution of revenue generated by the circuit courts, family courts, magistrate courts and municipal courts, as well as fees and related charges of the registers of deeds. To view the memorandum, click here.

PMAP -- Your guide to...
Safe electronics disposal. Effective July 1, the S.C. Manufacturer Responsibility and Consumer Convenience Information Technology Equipment Collection and Recovery Act, S.C. Code Ann. Subsection 48-60-05 -- 48-60-150, bans televisions, computers, computer monitors and printers from the solid waste system. To look for recycling options in your area, visit the e-cycle website. Don't forget to sanitize your computers, smartphones, copiers and other devices before you recycle them. If you have questions, you can contact Courtney Kennaday, Practice Management Advisor, at (803) 799-6653, ext. 183 or

Advance Sheet update
June 22, 2011

The Court of Appeals affirmed the special referee's denial of Appellants' motion for sanctions under Rule 11, SCRCP, or the South Carolina Frivolous Civil Proceedings Sanctions Act (the Act). The court applied the Act as it existed prior to the revisions and used the Hanahan rule in this case, finding that because Respondents survived summary judgment motions, they were not subject to sanctions.
Southeastern Site Prep, LLC. v. Atlantic Coastal Builders & Contractors, LLC., No. 4845, is available online.

The court affirmed the order awarding Respondent a first priority equitable lien superior to the mortgage of Appellant. The court agreed with the trial court's assessment that the timing of the deposit of Respondent's check did not prejudice Appellant. 
Regions Bank v. Covington, No. 4846, is available online.

The court affirmed the trial court's grant of partial summary judgment to Respondent since a governmental hospital cannot be held liable for the negligent acts or omissions of an independent contractor, as prescribed by the Tort Claims Act.
Smith v. The Reg'l Med. Ctr., No. 4847, is available online.

June 29, 2011
The Court of Appeals affirmed the family court's grant of permanent periodic alimony because there was a preponderance of the evidence in the record and the statutory factors supported the decision. The court also affirmed the equitable distribution because the family court's valuation was within the range of evidence presented at trial. The court reversed the family court's award of retroactive alimony because the family court lacked the authority to alter or amend a judgment on its own initiative once the judgment is more than ten days old.   
Wannamaker v. Wannamaker, No. 4848, is available online.

By order of June 29 Helen Ann Siegling Thrower has been reinstated as an Active Member.

By order of July 5 the Court has placed David Ransom Lawson on interim suspension.  Philip A. Berlinsky is the trustee.  Thomas H. Brush was appointed to assist.

Firm announcements
Jack Barnes announces that his telephone number has changed to (803) 840-6327. His office and mailing addresses remain the same.

Lathan & Barbare, PA
announces that the firm name has been changed to The Barbare Law Firm, PA located at 120 Halton Rd., Ste. 3, Greenville 29607. (864) 232-2700.

Ogletree, Deakins, Nash, Smoak & Stewart, PC announces that Eric Penkert has joined the firm's Greenville office located at 300 N. Main St., 29601. (864) 271-1300.

Willson Jones Carter & Baxley, PA announces that Wesley J. Shull and J. Kevin Couch have joined the firm's Greenville office located at 872 S. Pleasantburg Dr., 29607. (864) 527-3280. 

July 8
Children's Law Committee Meeting, Bar Building

July 14
Board of Governors Meeting, Conference Call

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

July 22
Professional Responsibility Committee Meeting, Columbia

July 28
Workers' Compensation Section Council Meeting, Conference Call

July 29
Elder Law Committee Meeting, Bar Building
To be added or deleted from the E-Blast mailing list, please contact Latoya Jackson in Membership Services at or (803) 799-6653, ext. 137.

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