Hart v. Hart

Hart v. Hart is an unpublished February 2006 opinion from the South Carolina Court of Appeals.  I defended Mr. Hart in a rule to show cause brought by his ex-wife due to his alleged failure to execute a mortgage drafted by her attorney and return various items of personal property.  After the family court found Mr. Hart owed his wife money for damaging some of her property, required him to return dive equipment and an entertainment cabinet, and awarded his ex-wife some attorney’s fees, Mr. Hart appealed.

The Court of Appeals found in Mr. Hart’s favor on many of the issues raised in his appeal.  It ruled that he had returned the dive equipment contemplated by the parties’ agreement and that the lower court’s requirement that he pay his ex-wife $200.00 for damaged property was not substantiated by the evidence presented at trial.  It further reversed and remanded the award of attorney’s fees to his ex-wife.