News + Press

November 29, 2012

November 28, 2012

Welcome to the South Carolina Bar's E-Blast! 
November 29, 2012
E-Blast highlights upcoming activities, legal information and links to the Bar's website at
here for the most recent CLE Edition, which highlights upcoming CLE opportunities.

Take advantage of early bird savings!
The 2013 S.C. Bar Convention, to be held at the Myrtle Beach Marriott Resort and Spa Jan. 24-27, is shaping up to be a fun-filled weekend. In addition to an outstanding CLE line-up, the Convention offers something for everyone, and this year is no exception. Register by Monday, Dec. 3, to take advantage of early bird savings! View the complete schedule of events online.

Judicial Merit Selection Commission announces nominations
The Judicial Merit Selection Commission found the judicial candidates on this media release qualified and nominated after public hearings held on Nov. 13-15, 2012, and Nov. 27, 2012.

ABC Trial Rosters in family court

The S.C. Supreme Court ordered that an “ABC” Trial Roster shall be set for each term of family court. View the complete order on the
Judicial Department's website.

Duties of family court chief judges
The S.C. Supreme Court set forth the purposes and acts that are included in the duties of a family court judge designated as a chief judge for administrative purposes. View the complete order on the
Judicial Department's website.

Judges and Attorneys Substance Abuse and Ethics Seminar
Join your colleagues for this one-day seminar on Dec. 7, which brings together some of the best scientific and legal minds in South Carolina to present the latest information on substance abuse and related mental health problems and how the legal system deals with them. Attendees will gain knowledge to help both personally and professionally in dealing with the difficult issues related to alcohol and drug abuse. The event is being held at the MUSC Institute of Psychiatry Auditorium (67 President St., Charleston). Additional information and registration instructions can be found

RSVP by tomorrow for the Bar Foundation’s grantee gathering
Tomorrow is the last day to RSVP for the Bar Foundation’s Greenville Grantee Gathering on Dec. 11, which includes a free breakfast and CLE presentation featuring Dr. Rod Smolla. During the program, approved for 0.5 MCLE credit, guests will learn about the work of three Bar Foundation grantees: S.C. Legal Services’ Greenville Office, Upstate Mediation Center and S.C. YMCA Youth in Government. RSVP to or (803) 765-0517. If you are unable to attend but would still like to show your support for these organizations, download the donor form or make a gift online today.

Advance Sheet update
November 28, 2012
The S.C. Court of Appeals found that, for purposes of first-degree burglary, S.C. Code Sections 16-25-20(D) and 16-11-311(A) set forth no exception, exclusion or requirement that would preclude an intent to violate an order of protection from qualifying as an intent to commit a crime. The court also affirmed the trial court's finding that trespass is not a lesser offense of first-degree burglary.
State v. Gilliland, No. 5053, is available online.

In this insurance dispute, the court affirmed the trial court's grant of summary judgment to Progressive Select Insurance. The court held that Section 56-9-351 of the S.C. Code does not mandate nonresident motorists to maintain bodily injury coverage while driving in this state. Because this section does not operate as a "compulsory insurance or similar law," the out-of-state coverage provision in the insurance policy was not triggered, and Progressive is not obligated to compensate for the appellants' sustained injuries.
Thalia S., et. al v. Progressive Select Insurance Co., No. 5054, is available online.

In this appeal, the court held, inter alia, that the trial court properly granted a new trial under the 13th juror doctrine. Under this doctrine, a trial court may grant a new trial when, based on its view of the facts, the evidence does not justify the verdict. The court found the trial court met this burden as evidenced in its finding that the only reasonable inference from the evidence was “that one or more of the defendants were at fault in causing the accident that injured the plaintiff.”
Rivera v. Newton, No. 5055, is available online.
Judge Konduros concurred in part and dissented in part in a separate opinion.

In this dispute among members of a limited liability company (LLC), the Court of Appeals affirmed as modified the trial court’s decision to disassociate R&D Development from the company. To avoid creation of a windfall, the court modified the trial court’s decision to require the reimbursement of the appellants’ contributions prior to a determination of R&D’s distributional interest, but only in the event that the appellants elect to pay R&D after the sale or other disposition of the property.
Park Regency, LLC v. R&D Development of the Carolinas, LLC, No. 5056, is available online.
Chief Judge Few concurred in part and dissented in part in a separate opinion.

In this workers' compensation action, the court affirmed: the calculation of Swilling's average weekly wage; the finding of permanent and total disability; the finding that Swilling's fall was proximately caused by his work-related injury; and Swilling's lump-sum payment award.
Swilling v. Pride Masonry, No. 5057, is available online.

In memoriam
Frank A. Lyles, 89, of Spartanburg died November 21. His obituary can be found here.

Morris David Mazursky, 89, of Sumter died November 26. His obituary can be found here.

Firm announcements
Nelson Mullins Riley & Scarborough, LLP announces that M. Kathleen "Katie" McTighe Mellen has joined the Charleston office located at 151 Meeting St., Ste. 600, 29401, (843) 853-5200, and Sarah Anderson and Ben Garner have joined the Greenville office located at 104 S. Main St., Ste. 900, 29601, (864) 250-2300.

Shelly Leeke Law Firm announces that Brandon C. Dawson has joined the firm as an associate located at 103 Laurel Ave., Goose Creek 29445. (843) 297-8485.

November 30
Bar Foundation Board Meeting, Conference Center

December 7-8
Middle School Mock Trial State Competition, Lexington

December 12
Law School for Journalists, Conference Center
Project Citizen Training, Bar Building
We the People Training, Bar Building

December 13
Board of Governors Meeting, Conference Call

December 14
Elder Law Committee Meeting, Conference Call
Practice and Procedure Committee Meeting, Bar Building

December 20
Family Law Section Council Meeting, Conference Call

December 21
Probate, Estate Planning and Trust Section Council Meeting, Conference Call

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