South Carolina Lawyers Weekly

In December 2011, appellant’s sisters filed an action to partition real property they owned with appellant; the partition order was filed on July 19, 2013; this court remitted appellant’s appeal from the partition case on March 10, 2014; respondent Hammel ...

Tagged with: Civil Practice

Petitioner testified that, after his arrest, a doctor at the jail diagnosed him with bipolar disorder and acute psychosis and placed him on a regimen including “anti-psychotic” medication. However, at his p0st-conviction relief (PCR) hearing, petitioner failed to provide any ...

Tagged with: Criminal Practice

After pleading guilty to multiple charges, petitioner applied for post-conviction relief (PCR), asserting that plea counsel was ineffective for failing to “challenge insufficient indictments” because the meth distribution at issue in two of the charges against petitioner took place near ...

Tagged with: Criminal Practice

Plaintiff’s use of a road across defendant’s property became adverse in 2009; before that, the evidence shows plaintiff’s use was permissive. And plaintiff’s evidence fails to show any mention of an easement in defendant’s chain of title or any public ...

Tagged with: Real Property

Even though the jury found that the defendant-insurer had been negligent, the jury also found that the insurer had not breached its duty of good faith and fair dealing. South Carolina does not recognize a cause of action for negligence ...

Tagged with: Tort/Negligence

The affidavits in support of respondents’ summary judgment motion did not set forth facts supporting the elements of equitable estoppel or estoppel by deed; consequently, appellant’s failure to respond with affidavits of his own did not entitle respondents to summary ...

Tagged with: Trusts & Estates

Plaintiff’s decedent was admitted to the defendant-hospital based on recent behavior suggesting he was experiencing acute psychosis. Without reaching out to his emergency contact, one of the defendant-doctors released the decedent against medical advice, and the decedent died a short ...

Tagged with: Tort/Negligence

Where the record shows that the claimant’s duties as a firefighter included lifting heavy objects on a regular basis, the claimant’s evidence showed a repetitive-motion injury to his back. It appears that the Workers’ Compensation Commission equated activities that are ...

Tagged with: Workers' Compensation

Plaintiff’s nuisance claim is based on the defendant-trust’s installation of a driveway that allegedly directs stormwater runoff onto plaintiff’s property. The trial court properly found that (1) credible evidence showed that the driveway did not cause considerable amounts of stormwater ...

Tagged with: Real Property

When the parties entered into an October 2018 consent order to retroactively terminate the plaintiff-Father’s alimony obligation as of July 2018, there was another action pending requiring Father to show cause why he should not be held in contempt for ...

Tagged with: Domestic Relations