January 9, 2014
January 07, 2014
Welcome to the South Carolina Bar's E-Blast!
January 9, 2014
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.
Join your fellow Bar members and legislators for an evening of cocktails and light hors d'oeuvres at the 2014 Legislative Reception on Wednesday, Jan. 22, from 5 to 7 p.m. The event will be held at the Capitol Center (1201 Main St., Columbia). RSVP to Lindsey Pitts at (803) 576-3837 or firstname.lastname@example.org by Jan. 17.
Reconciliation and disposition of General Sessions cases and appointment of committee members
The S.C. Supreme Court created the General Sessions Docket Committee and appointed representatives from the judiciary, solicitors, public defenders, private counsel and clerks of court. Additionally, each circuit solicitor shall reconcile all pending General Sessions cases attributable to each county in the solicitor's circuit with the records maintained by the county clerks of court using the County Statistics Self-Audit Portal. Read the complete order online.
PMAP Practice Pointer
The start of a new year is the perfect time to commit to making changes that will improve your law practice and overall well-being. If you haven’t made your 2014 resolutions yet, take a look at New Year’s Resolutions for Small Firm Lawyers. If you’re thinking about focusing on a financial goal in 2014, read New Year’s Resolutions for the Financially Conscious Lawyer for ideas you can tailor to your personal financial needs. PMAP is free practice management advice for Bar members. For more information, call (803) 799-6653, ext. 183 or e-mail email@example.com.
Convention is two weeks away
Only two weeks until we kick off the 2014 S.C. Bar Convention! Pre-registration is now closed, but it’s not too late to join your fellow colleagues at the biggest S.C. Bar event of the year. Register at the door and join us for an outstanding Convention on beautiful Kiawah Island. Plus, check out this Convention sponsor spotlight:
Application period open for remaining Rule 608 civil contracts
Attorneys interested in contracting with the S.C. Commission on Indigent Defense to provide representation for indigent clients in civil matters (TPR, Abuse and Neglect, PCR and SVP cases) are invited to submit an application for consideration. This notice only applies to civil contracts in designated counties identified on the SCCID website. The link for the application and other important information about the contract program is located on the front page of www.sccid.sc.gov. All applications must be received by 5 p.m. on Feb. 1, 2014, to be considered. Questions regarding the application process should be directed to SCCID.
The Judicial Department posted amendments to Rule 402(i), SCACR, to its website.
Fourth Circuit Court of Appeals summaries
Members of the South Carolina Law Review have summarized newly published cases from the Fourth Circuit Court of Appeals. The summaries can be found here.
Law and Dis-Order
The Trident Literacy Association invites you to "Law and Dis-Order," a roast of attorney Andy Savage, on Thursday, Jan. 30, at Memminger Auditorium in Charleston. For ticket or sponsorship information, contact Judianne Schmenk at firstname.lastname@example.org.
Advance Sheet update
January 8, 2014
In this workers’ compensation case, the S.C. Supreme Court vacated the Court of Appeals’ opinion because the circuit court order before the Court of Appeals was not a final judgment and therefore the Court of Appeals lacked jurisdiction to hear the appeal. Accordingly, the Court remanded the case to the Workers’ Compensation Commission.
Martinez v. Spartanburg County, Op. No. 27343 (S.C. Sup. Ct. filed January 8, 2014) (Shearouse Adv. Sh. No. 1 at 40), is available online.
The petitioners appealed the Court of Appeals’ decision that affirmed the trial court’s order granting a motion for summary judgment. The Court affirmed as modified, finding that, although the Court of Appeals erred by not addressing the merits of the petitioners’ appeal, the circuit court did not err in granting summary judgment in favor of the respondents.
Woodson v. DLI Properties, Op. No. 27344 (S.C. Sup. Ct. filed January 8, 2014) (Shearouse Adv. Sh. No. 1 at 43), is available online.
Justice Pleicones concurred in result only.
The Court affirmed the trial court’s determination that the language of the class action settlement did not waive its res judicata effect as to future claimants, including appellants. The Court, however, reversed and remanded, finding the trial court’s dismissal on the pleadings was not warranted on the questions of whether the appellants were deprived of due process in the underlying class action proceedings and whether the statute of limitations was tolled as to the appellants.
Doe v. Bishop of Charleston, Op. No. 27345 (S.C. Sup. Ct. filed January 8, 2014) (Shearouse Adv. Sh. No. 1 at 55), is available online.
The Court affirmed the decision of the Court of Appeals that upheld the suspension of Brown’s driver’s license, finding Brown’s argument that the breathalyzer test was not conducted in compliance with S.C. Code Section 56-6-2950 was not properly preserved for review.
SCDMV v. Brown, Op. No. 27346 (S.C. Sup. Ct. filed January 8, 2014) (Shearouse Adv. Sh. No. 1 at 64), is available online.
Justice Pleicones concurred in a separate opinion. Justice Beatty dissented in a separate opinion in which Justice Hearn concurred.
The Court granted certiorari to address whether the Attorney General may prosecute cases in summary courts. Upon review, the Court held the Attorney General, as the chief prosecuting officer for South Carolina, has the authority to prosecute cases in summary courts without violating Art. V, Section 24, of the state constitution.
State v. Long, Op. No. 27347 (S.C. Sup. Ct. filed January 8, 2014) (Shearouse Adv. Sh. No. 1 at 80), is available online.
This case concerns a workers’ compensation lump-sum award to a claimant who died while an appeal of her award was pending. The Court granted certiorari and affirmed the Court of Appeals’ decision that Judge Short’s order, which found the abatement issue unpreserved, was the law of the case. The Court also affirmed the Court of Appeals’ holding that the 10 percent penalty should be imposed in this case pursuant to S.C. Code Section 42-9-90. The Court reversed the Court of Appeals’ decision requiring the entire lump-sum award be paid to the grandsons and reinstated the estate’s and grandsons’ settlement. The Court also reversed the Court of Appeals’ decision to remove the assessment of interest and held that S.C. Property and Casualty Insurance Guaranty Association, pursuant to S.C. Code Section 42-9-240, is responsible for the interest running from April 27, 2004. The Court remanded the case to the Workers’ Compensation Commission to calculate the sums due.
Hudson v. Lancaster Convalescent Center, Op. No. 27348 (S.C. Sup. Ct. filed January 8, 2014) (Shearouse Adv. Sh. No. 1 at 86), is available online.
James Rodgers Epps, 73, of Lake City died December 3, 2013. His obituary can be found here.
Interim suspension lifted
By order of December 23 the Court lifted interim suspension of Richard G. Wern (with conditions).
Collins & Lacy, PC announces that Christian Boesl and Chris Adams have been elected as voting shareholders in the Columbia office located at 1330 Lady St., 6th Floor, 29201, (803) 256-2660. The firm also announces that Claude Prevost has been named a shareholder in the Columbia office and Ross Plyler has been named a shareholder in the Greenville office located at 110 W. North St., Ste. 100, 29601, (864) 282-9100.
Nelson Mullins Riley & Scarborough, LLP announces that Jay Thompson has become a partner and Erin Stuckey and Geordie Zug have become of counsel to the firm located at 1320 Main St., 17th Floor, Columbia 29201. (803) 799-2000.
Nexsen Pruet, LLC announces that George Bullwinkel has been elected a member in the Charleston office located at 205 King St., Ste. 400, 29401, (843) 577-9440 and Jennifer Cluverius and James Galyean have been elected as members in the Greenville office located at 55 E. Camperdown Way, Ste. 400, 29601, (864) 370-2211. The firm also announces that Ben Dangerfield has joined the Greenville office; John Bruton, Greg Placone and Jennifer Routh have joined the Columbia office located at 1230 Main St., Ste. 700, 29201, (803) 771-8900; and Jonathan Schulz has joined the Charlotte, NC office located at 227 W. Trade St., Ste. 1550, 28202, (704) 339-0304.
Richardson Plowden and Robinson, PA announces that Franklin J. Smith Jr. has become managing shareholder and Jared H. Garraux has been named a shareholder in the firm located at 1900 Barnwell St., Columbia 29201. (803) 771-4400.
The S.C. Department of Corrections announces that Daniel J. Crooks III has joined the Office of General Counsel as a staff attorney located at 4444 Broad River Rd., Columbia 29210. (803) 896-1940.
Turner Padget Graham & Laney, PA announces that G. Troy Thames has been elected a shareholder in the Charleston office located at 40 Calhoun St., Ste. 200, 29401. (843) 576-2800.
Animal Law Committee Meeting, Conference Call
Elder Law Committee Meeting, Bar Building
Administrative and Regulatory Law Committee Meeting, Bar Building
Ethics Advisory Committee Meeting, Bar Building
Lawyers in Transition Task Force Meeting, Conference Call
Board of Governors Meeting, The Sanctuary (Kiawah Island)
House of Delegates Meeting, The Sanctuary (Kiawah Island)
Children's Law Committee Meeting, Bar Building
Law Related Education Committee Meeting, Bar Building
To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at email@example.com or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.