South Carolina Lawyers Weekly

Even though the parties have not strictly adhered to the terms of their written 1979 partnership agreement, this does not support the master-in-equity’s finding that no partnership existed. We affirm the master’s holding that plaintiff and defendant Fanning (defendant) each ...

Tagged with: Contract

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

There is conflicting evidence as to whether a defendant-employer’s acquisition of an independent contractor’s personal emails occurred unintentionally or intentionally. Consequently, defendants are not entitled to summary judgment under the Stored Communications Act. We vacate the district court’s grant of ...

Tagged with: Civil Practice

The Town of McBee Municipal Election Commission did not believe Sydney Baker when she testified that she did not “request” absentee ballots for other voters; rather, she assisted other voters in requesting their own absentee ballots. Since there was no ...

Tagged with: Elections

The defendant-developers promised – at the outset of development and periodically throughout the time leading up to this lawsuit – to transfer certain amenities to the project’s homeowners’ association. However, the developers made consideration-less transfers of the amenities among several ...

Tagged with: Corporate

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

In this social security disability case, the administrative law judge erred by disregarding the claimant’s statements about her abdominal pain because the ALJ could not find an objective medical explanation for the intensity of her pain. The ALJ also erred ...

Tagged with: Administrative

After the parties settled their case in mediation, the district court gave them 60 days within which to “reopen this action and restore it to the calendar” under Rule 60(b), FRCP. Even if plaintiff did not have enough time to ...

Tagged with: Civil 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