Where the parties had a true joint physical custody arrangement, the appellant-mother’s relocation from Greenville to Columbia presents an issue of first impression as to whether there was a substantial change of circumstances warranting a review of the children’s best ...
Read More »Real Property – Mortgages – Priority – Replacement Mortgage Doctrine
Where (1) Quicken Mortgage recorded its mortgage on the borrowers’ home on October 20, 2009; (2) plaintiff recorded its mortgage securing an equity line of credit on November 4, 2009; and (3) Quicken made a new loan to the borrowers, ...
Read More »Real Property – Condemnation – Jury Trial Right – Tenant at Will – Equitable Interest
Where the appellant-school district was a tenant at will of the landowner whose property was condemned, the school district was not entitled to a jury trial on the issue of the value of its equitable interest in the condemned land. ...
Read More »Criminal Practice – Jury Poll – Collective Only – First Impression – Reversible Error
After the jury returned a guilty verdict, the trial court polled the jury collectively; however, the trial court declined defendant’s request to poll each juror individually. In this matter of first impression, we hold that the denial of defendant’s request ...
Read More »Workers’ Compensation – Pre-existing Condition – Trial by Implied Consent – Admission & Treatment – Dove-Field Drive
Even though the defendant-employer did not raise the issue of plaintiff’s pre-existing condition until the hearing before the single commissioner of the Workers’ Compensation Commission’s, the issue was discussed extensively throughout the hearing, and the single commissioner ruled on the ...
Read More »Tort/Negligence – SCTCA – Highway Patrol – Failure to Protect – Immunity
Where a state trooper (1) assisted the driver of a disabled vehicle, (2) asked the driver whether he was impaired, (3) was assured by the driver that he was not and that he had assistance on the way, and (4) ...
Read More »Tort/Negligence – Vehicle/Pedestrian Collision – Comparative Negligence – Jury Question
Even though the plaintiff-pedestrian could have walked several hundred yards to a crosswalk rather than crossing a four-lane road without the benefit of a crosswalk on a dark and rainy evening, since (1) the pedestrian was dressed in bright colors, ...
Read More »Arbitration – Contract Assignment – Arbitration Right Extinguished – Installment Sale
When plaintiff bought a car from the defendant-auto dealership, the parties’ retail installment sale contract contained an arbitration clause. However, the dealership assigned the contract to a third party, thus extinguishing the dealership’s right to arbitration. We affirm the trial ...
Read More »Domestic Relations – Parent & Child – Lump Child Support – First Impression – Equitable Distribution – Attorney & GAL Fees
Although a family court may create a trust or require other security to protect child support payments, such a device is generally used to ensure the asset will not be dwindled away by the supporting parent. Here, the trial court ...
Read More »Contract – Settlement Agreement – Performance Dates – Incomplete Performance
After the plaintiff-parents defaulted on a 2006 loan from their daughter, defendant Marilyn Dillon, in 2013, the parties entered into a settlement agreement requiring the sale of certain Charleston County property that served as security for the loan. Although daughter ...
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