April 22, 2014
April 21, 2014
Welcome to the South Carolina Bar's E-Blast!
April 22, 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.
Bar launches website in defense of legal profession
Today the Bar launched a website that defends the legal profession against political attacks and provides education about the service provided by lawyers to the citizens of South Carolina. The site also features videos, pictures and news coverage that illustrate lawyers’ commitment to their clients and the community. Please visit the site, sclawyerfacts.org, and read a message about this effort from Bar President Alice Paylor.
Bar President, officers and board members take office May 8
Columbia attorney J. Calhoun Watson will be installed as the 2014-15 president of the Bar on Thursday, May 8, during the House of Delegates meeting at the Bar Conference Center. Other officers and board members to be sworn in are: Anne S. Ellefson of Greenville, president-elect; William K. Witherspoon of Columbia, secretary; J. Steedley Bogan of Columbia, chair, House of Delegates; James W. Bannister of Greenville, Robin A. Braithwaite of Aiken, William R. Johnson of Columbia, Patrick C. Wooten of Charleston and Paula Jill Wright of Myrtle Beach, Board members; and John D. Elliott of Columbia and Flo Lester Vinson of Florence, ABA State Bar Delegates. Bar members are invited to attend a reception honoring incoming President Cal Watson at 5 p.m. that day at the offices of Sowell Gray Stepp & Laffitte, LLC (1310 Gadsden St. in Columbia).
S.C. Bar wins SCSAE Best in the Business Award
The S.C. Society of Association Executives (SCSAE) will present a Best in the Business Award to the S.C. Bar on April 25 honoring the South Carolina Lawyer magazine. Congratulations!
PMAP Tech Tip
The iPad can be a powerful productivity tool for legal professionals, especially if you use the right apps. The last of the free PMAP webinars, “iPad for Legal Professionals,” will give you plenty of tips to maximize the use of your iPad in your law practice. Paul J. Unger, a former ABA TECHSHOW chair and all-around tech expert, will take you through a brief tour of the iPad and then dive into the “must-have” apps for every legal professional. The webinar will be next Monday, April 28, at noon and will last 45-60 minutes (no CLE credit). Space is limited, so please register now by visiting the webinar page. Whether you are a long time iPad user or just thinking of buying one, you won’t want to miss this free webinar!
Sarah Phillips named 2014 Goldberg Scholar
The Bar Foundation congratulates Sarah Phillips for being named the 2014 Goldberg Scholar. Sarah received her undergraduate degree from the University of North Carolina at Chapel Hill and is a third-year law student at the University of South Carolina School of Law. This summer, Sarah plans to continue doing legislative research for the Children's Law Center and work as a law clerk for the S.C. Center for Fathers and Families. To learn more about this year’s Goldberg Scholar, read the Foundation’s latest blog.
USC library offers glimpse of rare legal works
Currently on exhibition at the University of South Carolina is a 1569 copy of Henry de Bracton’s major legal work, De Legibus et Consuetudinibus Anglicae. It is on display as part of the larger exhibition, “Our First Century: Early Printed Books at the University of South Carolina, 1471-1571” in the Ernest F. Hollings Special Collections Library. The exhibition, which features numerous 15th and 16th century books from the University’s collections on a variety of topics, is free and open to the public through May 18.
Advance Sheet update
April 16, 2014
This opinion, originally filed Jan. 29, 2014, was withdrawn, substituted and refiled April 16, 2014. In this workers’ compensation dispute, the court determined the circuit court erred in reversing the Appellate Panel’s determination that Carter did not suffer a change of condition. The court affirmed the circuit court’s reversal of the Appellate Panel’s modification of the commissioner’s decision governing Carter’s future medical care and treatment. Given its resolution of the abovementioned issues, the court concluded the employer’s remaining issues on appeal were moot.
Carter v. Verizon Wireless, Op. No. 5191 (S.C. Ct. App. filed April 16, 2014) (Shearouse Adv. Sh. No. 15 at 59), is available online.
In this appeal from the family court, the court reversed the equitable distribution award to the wife, finding the prenuptial agreement was not unconscionable. In light of this finding, the court reversed the award of attorney’s fees and costs to the wife. The court declined to reach the husband’s remaining issues on appeal.
Hudson v. Hudson, Op. No. 5217 (S.C. Ct. App. filed April 16, 2014) (Shearouse Adv. Sh. No. 15 at 69), is available online.
The court held the special referee erred in awarding damages without conducting a damages hearing since 4 Prophets’ theory of the measure of its damages was based solely on the value of real estate, “which is not liquidated, not a sum certain, and cannot be made certain by mathematical calculation.” Accordingly, the court reversed the special referee’s award and remanded to the circuit court for a damages hearing.
Wells Fargo Bank, N.A. v. Marion Amphitheater, Op. No. 5218 (S.C. Ct. App. filed April 16, 2014) (Shearouse Adv. Sh. No. 15 at 79), is available online.
The court reversed the master-in-equity’s order, finding the master erred in awarding money judgments on the respondents’ foreclosure claims because the respondents had no contractual relationship with Enterprise Bank or any other right to recover damages. The court remanded for the master to reconsider the parties’ arguments as to all disputed issues and to make the necessary findings of fact and conclusions of law on the record before deciding whether to order foreclosure.
Moorhead Construction, Inc., et al. v. Enterprise Bank of South Carolina, Op. No. 5219 (S.C. Ct. App. filed April 16, 2014) (Shearouse Adv. Sh. No. 15 at 85), is available online.
Judge Short concurred in part and dissented in part in a separate opinion.
In this dispute concerning the Payment of Wages Act, the court reversed the trial court’s award of treble damages and attorney’s fees after finding a bona fide dispute existed as to whether and to what extent Goodwyn was entitled to payment. The court declined to address the other issues raised on appeal.
Goodwyn v. Shadowstone Media, Inc., Op. No. 5220 (S.C. Ct. App. filed April 16, 2014) (Shearouse Adv. Sh. No. 15 at 89), is available online.
Judge Short concurred in result only.
Based on motion the Court lifted the suspension of Daniel Nathan Hughey on April 17.
The Court has accepted the resignation from the Bar of Neil D. Lansing as he no longer meets the requirements of Rule 405, SCACR.
Ogden A. Rankin, 87, of Conway died April 16. His obituary can be found here.
The Ferrara Law Firm, PLLC announces that Hannah Cousino has joined the firm as an associate located at 2300 Otranto Rd., N. Charleston 29406. (843) 569-5511.
Goldfinch Winslow, LLC announces that Lee Ann W. Rice has joined the Murrells Inlet office located at 11019 Tournament Blvd., Ste. 202, 29576. (843) 357-9301.
Law Office of W. Andrew Arnold, PC announces that Jeremy R. Summerlin has joined the firm located at 712 E. Washington St., Greenville 29601. (864) 242-4800.
Merline & Meacham, PA announces that Marie Monroe has become a shareholder of the firm located at 812 E. North St., Greenville 29601. (864) 242-4080.
Children's Law Committee Meeting, Bar Building
Leadership Academy Meeting, Greenville
LRE Committee Meeting, Rogers Townsend and Thomas
Professional Responsibility Committee Meeting, Bar Building
South Carolina Lawyer Editorial Board Meeting, Bar Building
Trial and Appellate Advocacy Section Council Meeting, Conference Call
Free legal clinic: Tort Law Issues (Spartanburg)
Lawyers Helping Lawyers Commission Meeting, Bar Building
Professional Responsibility Committee Meeting, Bar Building
Administrative and Regulatory Law Committee Meeting, Bar Building
Free legal clinics: Wills, Estate and Probate (Pacolet); Landlord/Tenant Law issues (Spartanburg)
Board of Governors Meeting, Bar Building
Community Association Law Committee Meeting, Bar Building
House of Delegates Meeting, Conference Center
Swearing In of New Officers, Conference Center
New Bar President Reception, Sowell Gray Stepp & Laffitte (Columbia)
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.