June 27, 2013
June 20, 2013
Welcome to the South Carolina Bar's E-Blast!
June 27, 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.
E-Blast schedule change
In observance of the July 4 holiday, next week's E-Blast will be distributed on July 2.
Succession Planning Rule
Bar members are reminded that Rule 1.19, Succession Planning, takes effect July 1, 2013. View the Court’s order regarding receivership and adoption of Rule 1.19 online. The Bar will maintain the list of successor attorneys. If you would like to submit the name of your successor(s) in advance, you may do so using this form.
Amendments to lawyer legislator protection order
By order of June 21 the Court amended the language of its April 21, 2010, order, which provided for a period of protection for Lawyer Legislators during legislative session, to read as follows: [Protection is granted] … from the first Tuesday in January until the third Thursday in June or until 30 days after the General Assembly completes all votes on the General Appropriation bill, including but not limited to votes on vetoes of the General Appropriation bill, whichever is later.”
Amendments to Rule 510, SCACR
The Judicial Department posted amendments to Rule 510, SCACR, which addresses continuing legal education requirements for magistrates and municipal court judges. View the complete order online.
Chief Judges for administrative purposes of the summary courts
By order of June 25, this list of judges of the magisterial and municipal courts are to be designated as Chief Judge or Associate Chief Judge for administrative purposes of the summary courts in the counties in which they hold office.
PMAP Practice Pointer
When it comes to fee agreements and engagement letters, more detail is better. For checklists and examples you can use in your practice, visit the PMAP Forms page. For more help with essential communications, the Bar Lending Library has Letters for Lawyers, a book of handy forms. Contact PMAP for free assistance with your law practice at firstname.lastname@example.org.
SCHELP provides mortgage assistance to clients
Did you know that South Carolina received more than $295 million from the U.S. Treasury to help families stay in their homes? These funds are part of the S.C. Homeownership and Employment Lending Program (SCHELP). Do you have clients who need help with their mortgages due to unemployment, underemployment or divorce? S.C. Legal Services can provide assistance to your clients who qualify. For more information, visit www.schelp.gov or contact Andrea Loney at email@example.com or (803) 744-4179.
[INFOGRAPHIC] A strong heartbeat through 2013
As this fiscal year comes to an end, the Foundation is proud to showcase increased contributions from Bar members, resulting in additional support for Foundation grantees and ultimately, assistance to thousands of South Carolinians. Thank you for your support this year. See you in FY 2014! Help us help them by downloading our donor form or making a gift online.
Advance Sheet update
June 26, 2013
In this medical malpractice action, the S.C. Supreme Court held that the failure to complete a mediation conference in a timely manner pursuant to Section 15-79-125 of the S.C. Code does not divest the trial court of subject matter jurisdiction and does not mandate dismissal. As a result, the Court reversed the contrary decision of the trial court and remanded for the pre-suit mediation process to be completed.
Ross v. Waccamaw Community Hospital, Op. No. 27276 (S.C. Sup. Ct. filed June 26, 2013) (Shearouse Adv. Sh. No. 28 at 24), is available online.
This case presented the Court with the novel issue of foreclosure on a member’s interest under the S.C. Uniform Limited Liability Company Act (LLC Act). The Court held, inter alia, that the circuit court erred in denying Kriti’s motion for foreclosure, finding the circuit court committed several errors of law in denying the motion. Generally, the Court found the circuit court improperly considered unavailable remedies under the LLC Act as weighing against foreclosure and had incorrectly characterized the seriousness of foreclosure. Furthermore, the circuit court failed to consider the relevant factor of the likelihood of satisfaction of the judgment through distributions. Accordingly, the Court reversed and remanded for foreclosure on, and the sale of, Emerald’s interest in the property.
Kriti Ripley, LLC v. Emerald Investments, LLC, Op. No. 27277 (S.C. Sup. Ct. filed June 26, 2013) (Shearouse Adv. Sh. No. 28 at 33), is available online.
Justice Pleicones concurred in result only.
The Court affirmed the decision of the Court of Appeals, which found the current order remanding the matter to the Workers’ Compensation Commission for further proceedings did not constitute a final judgment as required by Section 1-23-390 of the S.C. Code and therefore, is not immediately appealable.
Bone v. U.S. Food Service, Op. No. 27278 (S.C. Sup. Ct. filed June 26, 2013) (Shearouse Adv. Sh. No. 28 at 49), is available online.
Justice Pleicones concurred in result only. Justice Hearn dissented in a separate opinion in which Justice Kittredge concurred.
In these consolidated appeals from jury verdicts in default proceedings, the Court held the state court proceedings were void as the lack of a certified remand order from the federal court precluded jurisdiction from resuming in the state court. Accordingly, the Court reversed the decision of the Court of Appeals and vacated the state court proceedings. The Court remanded the cases to recommence from the procedural point at which the Charleston County Clerk of Court received the federal court’s certified remand order. Although the above ruling would be dispositive of both appeals, for the benefit of the bench and bar, the Court further held the removal of a state court case to federal court tolls the time period for filing responsive pleadings. In addition, the Court reaffirmed its decision in Howard v. Holiday Inns, Inc., 271 S.C. 238, 246 S.E.2d 880 (1978), wherein it limited a defendant’s participation in a post-default hearing to cross-examination and objection to the plaintiff’s evidence as it found this effectuates the purpose of default proceedings and is consistent with Rule 5(b)(2).
Limehouse v. Hulsey, Op. No. 27279 (S.C. Sup. Ct. filed June 26, 2013) (Shearouse Adv. Sh. No. 28 at 73), is available online.
Justice Kittredge concurred in result only.
This opinion, originally filed April 17, was withdrawn, substituted and refiled June 26, 2013. In this workers’ compensation appeal, the S.C. Court of Appeals affirmed the circuit court’s findings that: Colonna’s recovery was limited to scheduled disability under Section 42-9-30 of the S.C. Code; Colonna did not suffer from any additional permanent partial disability; and Colonna had reached maximum medical improvement. The court declined to address the issue of whether Marlboro Park Hospital was responsible for lifetime maintenance of the spinal cord stimulator implanted in Colonna’s back because Marlboro Park Hospital conceded there was no dispute regarding this issue.
Colonna v. Marlboro Park Hospital, Op. No. 5117 (S.C. Ct. App. filed June 26, 2013) (Shearouse Adv. Sh. No. 29 at 16), is available online.
In this criminal appeal, the court found no error in the trial court’s denial of Beekman’s motion for severance. As to the issue concerning prior bad act evidence, the court found the issue was not preserved, and to the extent it was intertwined with the motion for severance, the analysis of that issue was dispositive. Finally, the court found Beekman’s cumulative errors argument was likewise unpreserved, and even if it was properly before the court, it failed on the merits based upon the court’s affirmance of the aforementioned issues and Beekman’s failure to raise the issues he argued on appeal to the trial court as to the other errors he asserted. Accordingly, Beekman’s convictions were affirmed.
State v. Beekman, Op. No. 5145 (S.C. Ct. App. filed June 26, 2013) (Shearouse Adv. Sh. No. 29 at 29), is available online.
In this appeal of Sobers’ murder conviction, the court affirmed, holding the trial court did not abuse its discretion in finding evidence suggesting gang associations of the victim and witnesses was irrelevant. Because it affirmed the trial court’s exclusion of testimony regarding gang activity, the court declined to address whether the trial court erred in finding private investigator Watts was not qualified as an expert in gang activity.
State v. Sobers, Op. No. 5146 (S.C. Ct. App. filed June 26, 2013) (Shearouse Adv. Sh. No. 29 at 40), is available online.
The court determined the family court erred in finding the mother had abused and neglected her unborn child based upon conduct occurring while the mother did not know, nor have reason to know, she was pregnant. Further, the only evidence admitted by the family court subsequent to the child’s birth concerning drug tests related only to the mother; this evidence was improperly admitted based upon the mother’s hearsay and foundation objections; and, even if properly admitted, there was no evidence any subsequent drug use by the mother caused abuse or neglect of the child. For the abovementioned reasons, the family court’s finding of abuse and neglect and ordering placement of the mother’s name on the Central Registry was reversed.
SCDSS v. Jennifer M., Op. No. 5147 (S.C. Ct. App. filed June 26, 2013) (Shearouse Adv. Sh. No. 29 at 46), is available online.
Judge Thomas concurred in result only.
Dukes alleged the trial court erred in refusing to suppress an eyewitness’ identification of Dukes for two reasons: the pretrial hearing did not comport with due process because the detective who conducted the identification procedure was unavailable to testify; and the identification procedure was impermissibly suggestive and created a substantial likelihood of misidentification. The court affirmed.
State v. Dukes, Op. No. 5148 (S.C. Ct. App. filed June 26, 2013) (Shearouse Adv. Sh. No. 29 at 65), is available online.
In this criminal appeal, the court held the trial court did not abuse its discretion in granting the State’s motion for a joint trial on all four charges since McGaha’s substantive rights had not been prejudiced and the offenses charged were of the same general nature, arose out of a single chain of circumstances and were provable by the same evidence.
State v. McGaha, Op. No. 5149 (S.C. Ct. App. filed June 26, 2013) (Shearouse Adv. Sh. No. 29 at 74), is available online.
In this appeal of a murder conviction, the court affirmed the trial court’s refusal to charge involuntary manslaughter since there was no evidence the shooting was unintentional.
State v. Murray, Op. No. 5150 (S.C. Ct. App. filed June 26, 2013) (Shearouse Adv. Sh. No. 29 at 83), is available online.
The court determined the family court lacked subject matter jurisdiction to reopen and modify the division of property in the parties’ divorce decree. The court also found the family court erred in allowing the husband and son to relitigate the issue of ownership of the subject properties during the contempt hearings since the issue of ownership was barred under the law of the case doctrine and the doctrine of res judicata. Accordingly, the court reversed the family court’s modifications to the property provisions of the final decree and remanded for enforcement of the final decree as instructed in this decision. The court also remanded the issue of the wife’s attorney’s fees for further consideration in light of this decision.
Simpson v. Simpson, Op. No. 5151 (S.C. Ct. App. filed June 26, 2013) (Shearouse Adv. Sh. No. 29 at 89), is available online.
James L. Verenes, 62, of Aiken died June 20. His obituary can be found here.
Sylvia W. Westerdahl, 76, of Aiken died June 9. Her obituary can be found here.
By order of June 20 the Court reinstated John Tyler Roper as a Regular Member.
By order of June 26 the Court definitely suspended William Jefferson McMillian III for three years (retroactive to Feb. 22, 2013, with additional conditions) for misconduct including using his power of attorney to pay personal obligations from his father's checking account.
By order of June 26 the Court definitely suspended Alice D. Potter for 12 months (with additional conditions) for misconduct including in nine matters which included neglect of client matters and failure to communicate.
Carlock, Copeland & Stair, LLP announces that Robert B. Hawk has joined the Charleston office as an associate located at 40 Calhoun St., Ste. 400, 29401. (843) 727-0307.
Children’s Advocacy Center of Spartanburg, Cherokee & Union announces that Suzy Boulware Cole has become executive director of the center located at 100 Washington Place, Spartanburg 29302. (864) 515-9922.
Alicia K. Clawson announces the opening of Alicia K. Clawson LLC with a mailing address of P.O. Box 6587, Columbia 29260. (803) 413-7958.
DuBose-Robinson, PC announces that L. Shawn Sullivan has joined the Camden office as an associate located at 935 Broad St., 29020. (803) 432-1992.
R. Cody Lenhardt Jr. announces the opening of Lenhardt Law Firm, LLC located at 714 St. Andrews Blvd., Charleston 29407. (843) 737-2874.
Pearce Law Firm, LLC announces that Ryan T. Patterson has joined the firm located at 1476 Ben Sawyer Blvd., Ste. 1, Mt. Pleasant 29464. (843) 972-0860.
Rogers Townsend & Thomas, PC announces that J. Pamela Price and Matthew E. Rupert have joined the Columbia office located at 220 Executive Center Dr., 29210. (803) 771-7900.
Shelbourne Law Firm announces that E. Hope Lumpkin has joined the firm as an associate located at 131 E. Richardson Ave., Summerville 29483. (843) 871-2210.
Animal Law Committee Meeting, Conference Call
South Carolina Lawyer Editorial Board Meeting, Conference Center
Project Citizen Training, Bar Building
Diversity in the Bar Task Force Meeting, Conference Call
Board of Governors Meeting, Conference Call
We the People: The Citizen and the Constitution Training, Bar Building
Task Force on Lawyers in Transition Meeting, Conference Call
Foundations of Democracy Training, Bar Building
LRE Technology for Teachers, Bar Building
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