April 2, 2013
April 01, 2013
Welcome to the South Carolina Bar's E-Blast!
April 2, 2013
E-Blast highlights upcoming activities, legal information and links to the Bar's website at www.scbar.org.
Click here for the most recent CLE Edition, which highlights upcoming CLE opportunities.
Court form changes
By order of March 26, the Court revised the following forms and approved them for use in S.C. circuit courts: SCCA/221(a), SCCA/221(b), SCCA/222(a) and SCCA/222(b). By order of April 1, the Court also revised SCCA Form 221C, approved for use in S.C. circuit courts. These revised forms supersede all previous versions and can be found on the Judicial Department's website.
Volunteers needed for Habitat for Humanity Wills Clinics
YLD’s Habitat for Humanity Wills Clinics Committee is seeking volunteers to help provide free wills for Habitat for Humanity homeowners. Guidelines, forms and training sessions are provided prior to each clinic. No previous wills experience is necessary, and YLD membership is not required to volunteer. The following April clinics are in need of volunteers: Sumter (April 13); Beaufort/Hilton Head (April 20); and Georgetown (April 27). For contact information and a complete list of upcoming clinics, click here.
PMAP–Your guide to …
Cyber security. Cyber attacks targeting law firms have been on the rise lately. Although it’s impossible to make your practice impervious to hackers, there are steps you can take to minimize your firm’s risk of experiencing a data breach. Many experts suggest the most important thing firms can do is train employees to recognize and report suspicious activity. Make sure everyone in your practice–attorneys, paralegals and administrative staff–knows what to look out for. Read this article for advice from top IT experts on how to guard against cyber attacks. PMAP is free practice management advice for Bar members. For more information, call (803) 799-6653, ext. 183 or e-mail email@example.com.
Gala 2013 generates more than $61,000
In his closing remarks at Gala 2013, Alex Sanders commented, “If the Bar cannot or will not finance the continued work of the Foundation, then we have lost forever what it means to be a profession. We absolutely cannot let that happen.” Gala 2013 generated more than $61,000 for our 18 grantees! Thank you to our presenters, sponsors and gala guests for your support. To recap all of the moments from the gala, visit the Foundation's Facebook page. If you did not get a chance to make a donation and would like to do so, please download our donor form or make a gift online.
Advance Sheet update
March 27, 2013
This opinion, originally filed Feb. 13, 2013, was withdrawn, substituted and refiled on March 27, 2013. In this case arising out of an automobile accident, the S.C. Court of Appeals affirmed the decision of the S.C. Workers’ Compensation Commission’s Appellate Panel (Panel) on all issues. The Panel did not err in not granting Brown lifetime medical care for his lower back problems, not raising the compensation rate and not writing its own order. Further, the Court of Appeals did not err in denying Brown’s motion for leave to present additional evidence to the Workers’ Compensation Commission pursuant to Section 1-23-380(3) of the S.C. Code.
Brown v. Peoplease Corp., No. 5082, is available online.
The court reversed and remanded the order of the Administrative Law Court, holding that it erred in finding Taylor lacked standing to appeal the valuation and assessment of property taxes.
Taylor v. Aiken County Assessor, No. 5103, is available online.
In this dispute arising out of the distribution of an estate, the court affirmed the master’s decision as to the accounting cause of action, reversed the master’s decision as to the partition cause of action, and vacated the award of attorney’s fees and costs. The court remanded for the master to revisit the issues of partition and attorney’s fees and costs.
Brown v. Brown, No. 5104, is available online.
The court held that, because the affidavits requesting service by publication failed to meet the statutory requirements, the trial court erred in denying Wiquist's motions to set aside default judgments. An affidavit must include some factual basis upon which the court issuing the order of service by publication can find that the defendant cannot be found, after due diligence, within the state. Given that the affidavits only provided that Wiquist could not be served in Beaufort County and contained no information regarding whether she could be found in the state, the court found the affidavits facially defective.
Caldwell v. Wiquist, No. 5105, is available online.
In this products liability action, the court affirmed the decision of the circuit court to deny Nissan’s motion for JNOV and to grant a new trial. The court further held that the S.C. Supreme Court intended its decision in Branham to apply retroactively to all pending design defect cases.
Miranda C. v. Nissan Motor Co., No. 5106, is available online.
In this appeal of an administrative suspension of a driver’s license, the court reversed, finding Chisolm did not, within the meaning of Section 56-5-2951 of the S.C. Code, refuse a breath test. Based on the facts and circumstances of this case, the court held that the ALC’s decision to sustain the hearing officer’s determination of a “refusal” was arbitrary and capricious.
Chisolm v. SCDMV, No. 5107, is available online.
The court held that the circuit court erred in reversing the municipal court's dismissal of Humble's DUI charge. The court held, inter alia, that the affidavit required by Subsection 56-5-2953 of the S.C. Code was deficient on its face because it did not state which reasonable efforts were taken to maintain the video recording equipment in an operable condition.
City of Greer v. Humble, No. 5108, is available online.
George N. Funderburk, 71, of Greenville died March 24. His obituary can be found here.
The Committee on Character and Fitness invites comments by May 17 on the petition for readmission of David Arthur Braghirol.
Ayers, Smithdeal & Bettis, PC announces that Elizabeth C. Smithdeal has become a member of the firm located at 409 Main St., Greenwood 29646. (864) 229-1947.
Debra E. Stokes, LLC announces its relocation to 200 Meeting St., Ste. 404, Charleston 29401. (843) 720-3725.
Jonathan P. Edwards announces the opening of Jonathan Edwards Law Office, LLC located at 516 S. Coit St., Florence 29501. (843) 410-3378.
Gallivan, White & Boyd, PA announces that Robert D. Corney and Zachary L. Weaver have joined the Greenville office as associates located at 55 Beattie Place, Ste. 1200, 29601. (864) 271-9580.
Lewis Law Group, LLC announces its relocation to 304 Meeting St., Ste. 200C, Charleston 29401. (843) 737 6252.
Pennington Law Firm, LLC announces that Rebecca C. Hill and Kelli H. Graham have become members of the firm located at 1501 Main St., Ste. 600, Columbia 29201. (803) 929-1070.
Children's Law Committee Meeting, Bar Building
Administrative and Regulatory Law Committee Meeting, Bar Building
Elder Law Committee Meeting, Conference Call
Skills USA Competition, Greenville Conference Center
Real Estate Practices Section Council Meeting, Conference Call
Health Care Law Section Council Meeting, Conference Call
Employment and Labor Law Section Nominating Committee Meeting, Conference Call
LRE Mock Trial Evaluation Meeting, Bar Building
Board of Governors Meeting, Bar Building
Ethics Advisory Committee Meeting, Bar Building
Alternative Dispute Resolution Commission Meeting, Mike Kelly Law Group (Columbia)
Law Related Education Committee Meeting, Bar Building
Professional Responsibility Committee Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Bar Building
Health Care Law Section Council Spring Meeting, Bar Building
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at firstname.lastname@example.org or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.