South Carolina Case Commentaries

PATEL v. PATEL: Clarifying Judicial Recusal Standards and Alimony Determination in Family Law

Date: May 25, 2004

PATEL v. PATEL: Clarifying Judicial Recusal Standards and Alimony Determination in Family Law Introduction PATEL v. PATEL (359 S.C. 515) is a seminal case adjudicated by the Supreme Court of South...

Establishing Developer Rights and Anti-Conspiracy Measures in Property Management: Peoples Federal Savings v. NGS and Loan Association of South Carolina

Date: Apr 27, 2004

Establishing Developer Rights and Anti-Conspiracy Measures in Property Management: Peoples Federal Savings v. NGS and Loan Association of South Carolina Introduction The case of Peoples Federal...

Sheppard v. State of South Carolina: Establishing Standards for Belated Appeals and PCR Considerations

Date: Mar 23, 2004

Sheppard v. State of South Carolina: Establishing Standards for Belated Appeals and PCR Considerations Introduction The case of Joseph R. Sheppard v. State of South Carolina (357 S.C. 646)...

Limits on Defendant's Right to Address Jury in Capital Trials: State v. Moore

Date: Mar 2, 2004

Limits on Defendant's Right to Address Jury in Capital Trials: State v. Moore Introduction In The State v. Richard Bernard Moore, 357 S.C. 458 (2004), the Supreme Court of South Carolina addressed...

Enforcement of Personal Guaranty and Lease Termination Upon Material Breach in Commercial Agreements

Date: Feb 3, 2004

Enforcement of Personal Guaranty and Lease Termination Upon Material Breach in Commercial Agreements Introduction Ellie, Inc. v. Ronald R. Miccichi is a pivotal case adjudicated by the Court of...

Affirmation of Municipal Discretion in Sewer Service Expansion: Sunset Cay v. Folly Beach

Date: Jan 28, 2004

Affirmation of Municipal Discretion in Sewer Service Expansion: Sunset Cay, LLC v. The City of Folly Beach Introduction Sunset Cay, LLC v. The City of Folly Beach is a pivotal case adjudicated by the...

Enforceability of Guaranty Agreements: Insights from Regions Bank v. Schmauch

Date: Jun 10, 2003

Enforceability of Guaranty Agreements: Insights from Regions Bank v. Schmauch Introduction The case of Regions Bank, Respondent, v. Bobbie A. Schmauch, Appellant (354 S.C. 648) adjudicated by the...

Santee Cooper's Leasehold Sale Program Upheld: A New Precedent in Contract Modification and Misrepresentation Claims

Date: May 13, 2003

Santee Cooper's Leasehold Sale Program Upheld: A New Precedent in Contract Modification and Misrepresentation Claims Introduction The case of Dennis Sauner et al. v. Public Service Authority of South...

Adams v. State: Reinforcing Subject Matter Jurisdiction under the Interstate Agreement on Detainers

Date: May 6, 2003

Adams v. State: Reinforcing Subject Matter Jurisdiction under the Interstate Agreement on Detainers Introduction State v. William Adams is a pivotal case adjudicated by the Court of Appeals of South...

Joint Custody in Divorce: Analyzing Scott v. Scott (354 S.C. 118)

Date: Apr 15, 2003

Joint Custody in Divorce: Analyzing Scott v. Scott (354 S.C. 118) Introduction The case of John McPherson Scott v. Deirdre Erwin Scott and Gregory T. Martin, reported in 354 S.C. 118 by the Supreme...

DAWKINS v. FIELDS: Clarifying Summary Judgment Procedures and Affidavit Requirements

Date: Apr 8, 2003

DAWKINS v. FIELDS: Clarifying Summary Judgment Procedures and Affidavit Requirements Introduction In the landmark case of DAWKINS v. FIELDS (354 S.C. 58), the Supreme Court of South Carolina tackled...

Access to Adoption Records in the Best Interests of the Child: Doe v. Ward Law Firm Reversed

Date: Apr 8, 2003

Access to Adoption Records in the Best Interests of the Child: Doe v. Ward Law Firm Reversed Introduction In John Doe and Jane Doe v. The Ward Law Firm, P.A., In Re:S. Doe (353 S.C. 509, 2003), the...

Diminished Value Claims Denied: State Farm v. Schulmeyer Sets Precedent in South Carolina Insurance Law

Date: Mar 25, 2003

Diminished Value Claims Denied: State Farm v. Schulmeyer Sets Precedent in South Carolina Insurance Law Introduction The case of Albert Schulmeyer, on behalf of himself and all others similarly...

Clemson University v. Hendricks: Establishing Limits on Duty of Care in Educational Institutions

Date: Mar 18, 2003

Clemson University v. Hendricks: Establishing Limits on Duty of Care in Educational Institutions Introduction R. J. Hendricks, II v. Clemson University is a pivotal case adjudicated by the Supreme...

State v. Shuler: Admissibility of 911 Tapes in Capital Sentencing

Date: Feb 4, 2003

State v. Shuler: Admissibility of 911 Tapes in Capital Sentencing Introduction The State v. Charles O. Shuler is a landmark judgment by the Supreme Court of South Carolina decided on February 3,...

Life Without Parole Sentencing for Juvenile Offenses: A Comprehensive Analysis of State v. James R. Standard

Date: Aug 13, 2002

Life Without Parole Sentencing for Juvenile Offenses: A Comprehensive Analysis of State v. James R. Standard Introduction State v. James R. Standard is a landmark decision by the Supreme Court of...

Reaffirming the 'Actual Malice' Standard in Libel Claims by Public Officials: Insights from FLEMING v. ROSE

Date: Jul 23, 2002

Reaffirming the 'Actual Malice' Standard in Libel Claims by Public Officials: Insights from FLEMING v. ROSE Introduction Lt. J. A. Fleming, Jr. v. Boykin Rose and James Caulder, 350 S.C. 488 (Supreme...

South Carolina Supreme Court Reinforces Procedural Standards and Upholds Sexually Violent Predator Act

Date: Jul 23, 2002

South Carolina Supreme Court Reinforces Procedural Standards and Upholds Sexually Violent Predator Act 1. Introduction The Supreme Court of South Carolina delivered a pivotal ruling in the case of In...

Exclusivity Provision of Workers' Compensation Act Does Not Constitute Subject Matter Jurisdiction: SC Supreme Court Decision in Sabb v. South Carolina State University

Date: Jul 16, 2002

Exclusivity Provision of Workers' Compensation Act Does Not Constitute Subject Matter Jurisdiction: SC Supreme Court Decision in Sabb v. South Carolina State University Introduction The case of...

Dual Office Holding Restrictions: Municipal Police Officers as Constables under South Carolina Law

Date: Jul 2, 2002

Dual Office Holding Restrictions: Municipal Police Officers as Constables under South Carolina Law Introduction The case Henry Richardson v. Town of Mount Pleasant and Charles M. Condon, Attorney...