Court of Appeals reopens equitable distribution due to “fraud upon the court”
Posted Wednesday, August 26th, 2020 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The August 26, 2020, Court of Appeals opinion in Sanders v. Smith presents an unusual resolution of a Rule 60 motion. Husband filed divorce proceedings
Court of Appeals affirms custody modification and continuance denial
Posted Friday, August 7th, 2020 by Gregory Forman
Filed under Child Custody, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions
This opinion was slightly revised on December 9, 2020: Refiled Sellers Opinion Adds One Footnote And One Clarification The August 5, 2020 Court of Appeals opinion in
Demand formal requests before allowing a home inspection in marital dissolution cases
Posted Tuesday, May 19th, 2020 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
A request for entry upon land for the purpose of inspection is a discovery option infrequently used by family court attorneys. Part of the reason
Posted Thursday, May 14th, 2020 by Gregory Forman
Filed under Equitable Distribution/Property Division, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The May 13, 2020, Supreme Court opinion in Landry v. Landry, 430 S.C. 153, 843 S.E.2d 491 (2020), addresses the proper procedure to correct a
South Carolina court system partially reopens for business
Posted Sunday, April 5th, 2020 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Specific
Late Friday (April 3, 2020), the South Carolina Supreme Court issued an order that will partially reopen the court system for business while continuing to
Posted Wednesday, November 6th, 2019 by Gregory Forman
Filed under Adoption/Termination of Parental Rights, Department of Social Services/Child Abuse and Neglect, Family Court Procedure, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
In the November 6, 2019, case of Cooper v. SCDSS, 428 S.C. 402, 835 S.E.2d 516 (2019), the South Carolina Supreme Court found that the
Ambiguity in the rules on requests for admissions
Posted Thursday, September 12th, 2019 by Gregory Forman
Filed under Family Court Procedure, Litigation Strategy, Not South Carolina Specific, Of Interest to Family Law Attorneys
There is a clear ambiguity in the South Carolina Rule of Civil Procedure regarding requests for admissions–SCRCP 36. I suspect that many denied requests to
Without an itemized statement of time, your attorney fee affidavit is incomplete
Posted Monday, August 19th, 2019 by Gregory Forman
Filed under Attorney's Fees, Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
Probably once a month I attend a contested family court hearing in which the opposing counsel attempts to submit a fee affidavit without including an
Posted Sunday, August 4th, 2019 by Gregory Forman
Filed under Equitable Distribution/Property Division, Family Court Procedure, Mediation/Alternative Dispute Resolution, Of Interest to Family Court Litigants, Of Interest to Family Law Attorneys, South Carolina Appellate Decisions, South Carolina Specific
The July 24, 2019 Court of Appeals opinion in May v. May, 428 S.C. 131, 833 S.E.2d 78 (Ct. App. 2019), upheld the family court’s
The surprising breadth of res judicata
Posted Wednesday, June 26th, 2019 by Gregory Forman
Filed under Family Court Procedure, Of Interest to Family Law Attorneys, South Carolina Specific
At this point in my career, it’s rare I learn anything significant about legal doctrines from opposing counsels. However, earlier this week, I was completely
