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Tag Archives: Civil Practice

Bankruptcy – Civil Practice – Standing – Real Property – Mortgage Assignment – Insurance – Proceeds (access required)

Carrington Mortgage Services, LLC v. Riley Defendant is an insolvent Chapter 7 debtor; therefore, he has no standing to challenge the proofs of claim filed by plaintiff, the holder of the debtor’s notes and mortgages. Moreover, a borrower may not attack the validity of assignments of his loan due to his status as a third party to the assignment.

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Civil Practice – Statute of Limitations – Real Property – Price – Attorneys (access required)

Michael v. Kiawah Island Real Estate, LLC Since the closing attorneys were also the plaintiff-buyers’ attorneys-in-fact, plaintiffs are charged with the attorneys’ knowledge that the sellers had paid a much lower price for the property just a week before plaintiffs bought it in October 2005. Plaintiffs’ action, filed in October 2011, is barred by the three-year statute of limitations.

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Civil Practice – Service of Process – By Publication – Default Judgment – Motion to Vacate – Forfeiture (access required)

State ex rel. Ariail v. $88,148.45 In this civil forfeiture action, defendant Magruder was served by publication, and a default judgment was entered against her. Even though an assistant solicitor in the civil division apparently did not inquire of her fellow assistant solicitor -- who was handling the criminal cases against Magruder -- as to Magruder’s whereabouts, Magruder has failed to establish that the civil division assistant solicitor made false or fraudulent statements when she said in an affidavit that she had “exhausted all known avenues to locate” Magruder.

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Civil Practice – Federal Jurisdiction – Removal – Diversity – Turkish National – Labor & Employment (access required)

Sonoco Products Co. v. Guven Even though the Turkish defendant accepted a job in South Carolina and listed an S.C. address on an application to renew his re-entry permit, since defendant was not domiciled in South Carolina when this lawsuit was filed, there is diversity of citizenship between the parties.

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Civil Practice – Discovery – Motion for Sanctions – Request for Production – Easements – Samples (access required)

Melton v. Carolina Power & Light Co. Where defendant made it clear in its discovery responses and email to plaintiff’s counsel that, in response to plaintiff’s request for production of all easements pursuant to which defendant had placed fiber optic cable, defendant was producing samples of all types of such easements, and where plaintiff never filed a motion to compel production, plaintiff is not entitled to sanctions.

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Civil Practice – Personal Jurisdiction – S.C. Insurance Company – Florida Customer (access required)

Companion Property & Casualty Insurance Co. v. GTE Federal Credit Union Even though the plaintiff-insurer fulfilled its contract obligations from South Carolina, and even though the defendant-insured is a sophisticated party who negotiated the parties’ multimillion dollar policy, this court lacks personal jurisdiction over the Florida insured.

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Tort/Negligence – Invasion of Privacy – Misappropriation of Personality – Business Correspondence – Civil Practice – Statute of Limitations — Contract – Settlement Agreement – Indiana Law – Liquidated Damages (access required)

Insurance Products Marketing, Inc. v. Conseco Life Insurance Co. Despite a settlement agreement that severed the parties’ business ties, defendants have continued to use plaintiffs’ names on their business correspondence. By doing so, defendants may have been taking advantage of plaintiffs’ reputations or the value associated with their names.

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