South Carolina Lawyers Weekly

In order to be granted immunity under the Protection of Persons and Property Act, defendant was required to show that he reasonably believed his actions were necessary to prevent death or great bodily injury. Defendant testified that he stabbed Jamie ...

Tagged with: Criminal Practice

It appears that plaintiff called himself married when it was convenient and financially beneficial for him but considered himself single when marriage was inconvenient or financially detrimental. Moreover, the evidence shows defendant did not consider herself married to plaintiff. The ...

Tagged with: Domestic Relations

Even though the defendant-tenant’s 17-year-old son was a mile from their apartment when he committed an armed robbery, the plaintiff-housing authority could still find that the son’s activities posed a threat to the health, safety or right to peaceful enjoyment ...

Tagged with: landlord/tenant

A juror’s attenuated connection to the victim – the juror’s ex-wife, from whom he had been divorced for 11 years, was related to the ex-husband of the mother of the victim – was insufficient to warrant a posttrial hearing.  We ...

Tagged with: Criminal Practice

A month after plaintiff went to work for defendant, defendant sent her an email with links to a cover letter, frequently asked questions and an agreement to arbitrate any disputes arising from plaintiff’s employment. Under the terms of the email ...

Tagged with: Arbitration

Using the language of a warranty deed, the defendant-marina’s predecessor granted non-exclusive easements of ingress, egress and parking to the plaintiff-restaurant, allowing the restaurant to use the marina’s parking and access. The warranty provision promised “to warrant and forever defend” ...

Tagged with: Real Property

A 2018 injunction barred appellant Lawhon and his marina from interfering with the respondent-restaurant’s easements, which give the restaurant the right to use the marina’s parking and access. The circuit court properly found appellants in criminal contempt for parking a ...

Tagged with: Real Property

Pursuant to Rule 68, SCRCP, defendants offered judgment “for all claims alleged.” Plaintiff could not accept the offer and still hang on to his claims for treble damages and attorney’s fees. However, he is entitled to costs under Rule 68.  ...

Tagged with: Civil Practice

Although the family court accepted the respondent-Mother’s testimony that she had paid the appellant-Father child support in cash, the record shows that Mother’s testimony was not credible.  We reverse the family court’s finding that Mother made cash payments to Father ...

Tagged with: Domestic Relations

Although the plaintiff-Wife has more education and steadier employment than the defendant-Husband, since (1) Husband’s adultery was the impetus behind this litigation, (2) Wife has significant student loans to repay, and (3) Wife’s support during the marriage allowed Husband to ...

Tagged with: Domestic Relations