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March 20, 2012

March 15, 2012

Welcome to the South Carolina Bar's E-Blast! 
March 20, 2012
E-Blast highlights upcoming activities, legal information and links to the Bar's website at 
www.scbar.org
The South Carolina Bar is dedicated to advancing justice, professionalism and understanding of the law.

James appointed to WCC
Gov. Nikki Haley announced the appointment of Melody James to the S.C. Workers’ Compensation Commission on Friday. James serves as a municipal judge for the City of Cayce and is a partner at Mozingo & James Law Firm in Camden.

PMAP–Your guide to …
The new iPad. Is it worth trading up? The new iPad was released on Friday, sporting a retina display, iSight camera, HD video capabilities and 4G LTE support. Many lawyers are wondering whether the improvements in this latest version make it worth shelling out the cash to upgrade. Tom Mighell gives a great review of the new iPad’s features and advice on whether upgrading is worth it for you on his blog, 
iPad 4 Lawyers. You can also check out one lawyer’s review of the new iPad’s dictation feature here. For free practice management advice, call (803) 799-6653, ext. 183 or e-mail pmap@scbar.org.

S.C. Commission on Indigent Defense seeking candidates
Candidates seeking to apply for a four-year term as the Circuit Public Defender of the 2nd, 7th or 15th Judicial Circuit should go to www.jobs.sc.gov to complete on online application and receive further details. For more information, contact Hugh Ryan at (803) 734-1338.

Nominations sought for Paul G. Hearne Award
The American Bar Association is seeking nominations for the 2012 Paul G. Hearne Award for Disability Rights. The award is presented to an individual who has performed exemplary service in the furtherance of access to justice for people with disabilities, or to an organization or group that furthers the goal of full participation for people with disabilities in society. For more information and nomination materials, click 
here. All nominations must be received or postmarked by April 15.

Advance Sheet update
March 14, 2012
In this appeal arising out of a dispute as to whether Shumaker Land, LLC was exempt from its Property Owner Associations’ annual assessment requirement, the S.C. Court of Appeals held that Shumaker did not qualify as a declarant under Article 1, Section 7, of the association’s covenants to bring such a complaint. The deed to Shumaker did not expressly convey the declarant’s rights to Shumaker as the covenants required in order for Shumaker to become a declarant. Thus, the court held that since Shumaker was not a declarant, the annual assessments on Shumaker’s property were proper because only the previous owner was exempt from the assessments.
Highland Property Owners v. Shumaker Land, No. 4952, is available
online

On appeal from the Administrative Law Court, the court held that CarMax West’s accounting apportionment method was not invalid as the S.C. Department of Revenue (SCDOR) claimed and that the SCDOR had the burden of proving that an alternative accounting method was more appropriate. The SCDOR thus had to prove by clear and convincing evidence that the gross receipts formula does not fairly represent CarMax West's business activity in South Carolina and that its alternative accounting method is reasonable and more fairly represents CarMax West's business activity in South Carolina.
CarMax Auto Superstores v. SCDOR, No. 4953, is available
online

The court affirmed in part and reversed in part this case involving a rejected application for an encroachment permit because the proposed driveway was a controlled-access facility that the S.C. Department of Transportation (SCDOT) purchased from the appellant’s predecessor-in-title. The court held that the chain of title was enough to establish a grant of access rights from the predecessor to the SCDOT. Since the deed conveyed access rights to the SCDOT, the denial of the permit was not a taking of private property. The deed also was sufficient to put potential purchasers on notice that the access rights belonged to the SCDOT. Finally, the court held that the circuit court had jurisdiction to review the SCDOT’s refusal to consider the permit application, and thus the case was remanded for consideration.
North Point Development v. SCDOT, No. 4954, is available
online

In this appeal from a Termination of Parental Rights (TPR) proceeding, the court vacated the family court’s order on the basis that the family court did not have jurisdiction to hear the child custody dispute. Under the Parental Kidnapping Prevention Act and the Uniform Child Custody Jurisdiction and Enforcement Act, both applicable to TPR actions, Georgia had exclusive jurisdiction because its courts heard the initial proceedings and had not declined to exercise its jurisdiction in the current proceedings nor communicated with the S.C. courts to determine if South Carolina was a more convenient forum.
Matthew G. v. Anthony H., No. 4955, is available
online.

Firm announcements
Haynsworth Sinkler Boyd, PA announces that Carlisle Roberts Jr. has joined the Columbia office as special counsel located at 1201 Main St., 22nd Floor, 29201. (803) 779-3080.

Matthew McCord
announces the relocation of The McCord Law Firm, LLC to 109 E. North St., Greenville 29601. (864) 593-2292.

Morton & Gettys, Attorneys at Law announces that Elizabeth Smith Owen has been named partner in the firm located at 616 E. Liberty St., York 29745. (803) 684-9604.

The S.C. Commission on Indigent Defense announces that Scott P. Floyd has become 12th Circuit chief public defender with offices located at 180 N. Irby St., Florence 29501. (843) 665-3055.

Calendar 
March 22
Law Related Education Street Law Training, Bar Building

March 23
Elder Law Committee Meeting, Conference Call

April 4
Health Care Law Section Council Meeting, Conference Call

April 5
Community Association Law Committee Meeting, Bar Building
Member Involvement Task Force Meeting, Conference Call

April 10
LRE Awards Subcommittee Meeting, Bar Building
Tax Law Section Council Meeting, Conference Call

April 12
Board of Governors Meeting, Bar Building
Corporate, Banking and Securities Law Section Council Meeting, Conference Call

April 13
Mock Trial Evaluation Meeting, Bar Building
Practice and Procedure Committee Meeting, Conference Center

April 18
Unauthorized Practice of Law Committee Meeting, Bar Building

April 19
Family Law Section Council Meeting, Bar Building

April 20
Elder Law Committee Meeting, Bar Building
LRE Mock Trial Subcommittee Meeting, Bar Building
Probate, Estate Planning and Trust Section Council Meeting, Bar Building

To be added or deleted from the E-Blast mailing list, please contact Donna Oelhafen in Membership Services at 
doelhafen@scbar.org or (803) 799-6653, ext. 171. To change your e-mail address, you must log on to AIS at www.sccourts.org/ais.

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