South Carolina Lawyers Weekly

Even though the guardian ad litem testified that the children were more comfortable with the defendant-Father and more stressed at the home of the plaintiff-Mother and their stepfather, since the children were thriving physically, mentally, socially, and academically while under ...

Tagged with: Domestic Relations

In the contract pursuant to which the plaintiff-buyers bought a home from the defendant-builder, the final two sentences of the arbitration provision unconscionably shorten the limitation period for claims from three years to either 90 or 30 days, depending upon ...

Tagged with: Arbitration

S.C. Code Ann. § 12-36-2110(A)(1) caps sales tax at $300 for the sale of a “motor vehicle,” but the statute does not define “motor vehicle.” The clear language of § 12-36-2110(A) does not restrict or condition the sales tax exemption ...

Tagged with: Taxation

Defendant’s problems with a prosecution witness’s forensic interview techniques should have been brought up outside the presence of the jury, while the trial court was deciding the issue of admissibility. The trial court properly declined to allow defendant to cross-examine ...

Tagged with: Criminal Practice

Although there is a four-inch overlap in the deed descriptions of (1) a 26.6-acre tract that lies within the City of Charleston and (2) a one-acre tract owned and annexed by the City of North Charleston, since North Charleston annexed ...

Tagged with: Real Property

Although the City of North Charleston’s description of the property it was annexing inadvertently included property that had already been annexed by the City of Charleston (which prior annexation was not reflected in county records), this was a technical deficiency ...

Tagged with: Real Property

A month after she was threatened by a client, a social worker resigned. Because the social worker did not wait for the employer to complete its process of following up on her complaint, take her complaint up the chain of ...

Tagged with: Labor and Employment

In letters dated February 14, 2018, and August 16, 2018, the Department of Revenue denied the appellant-taxpayer’s claim of refunds on her 2012 and 2013 tax returns (filed on August 11, 2017, and August 13, 2018, respectively). Both the denial ...

Tagged with: Administrative

Even though the Adult Health Care Consent Act gave the decedent’s son authority to sign a nursing home admission agreement on his mother’s behalf, the Act did not give the son authority to sign a separate arbitration agreement. The decedent’s ...

Tagged with: Arbitration

The parties’ commercial lease did not allow the plaintiff-tenant to renew the lease, yet plaintiff’s complaint challenged only the defendant-landlord’s actions following the expiration of the lease term (i.e., the landlord’s repossession and demolition of the asbestos-contaminated premises). Although the ...

Tagged with: landlord/tenant