Family Appeals Cases

Family Appeals Cases

Pirri v. Pirri; ___ S.E.2d ___, 2006 S.C. (Opinion S. C. Court of Appeals, 4113);

 

             This case involved a common law marriage, valuation of marital property, attorney’s fees and alimony.  Our office participated in the appeal of the matter.

 

Frye v Frye 323 S.C. 72, 448 S.E. 2d 586 (1994)

Our office represented one of the parties on the appeal.

Father sought contempt ruling against mother for violating visitation order. Mother counterclaimed seeking similar relief plus violation of paying medical bills, and violation of restraining order. The Trial Court found father in contempt, and on its own, joined the father’s new wife as a party and issued relief against both father and new wife. On appeal, the Court affirmed the contempt and modification of visitation, affirmed joining the new wife as a party, and reversed the restraining order as to the new wife and remanded for a hearing to allow new wife an opportunity to be heard.

SCDSS v. Carswell, 359 S.C. 424, 597 S.E. 2d 859 (Ct. App. 2004)

Our office represented one of the parties on the appeal.

The Trial Court found for the father on the enforcement of an out of state order. The Appellate Court reversed and remanded.

357 S.C. ___ (2004-199); Messer v. Messer; ___ S.E.2d ___

Our office represented one of the parties during a major portion of the recent action.

Husband and wife entered into separation agreement and were later divorced. Both sides then much later sought further court relief relating to the approved agreement. The Appellate Court affirmed some of the issues, reversed some of the issues and remanded the matter.

 

Custody Appeal Cases

Sanders v Sanders. 317 S.C. 230, 452 S.E.2d 636 (1994)

Our office represented one of the parties on the appeal.

Custody of a child had been placed with maternal grandmother. An action by the parents, and two great grandparents was begun seeking a change of custody. The Trial Court awarded custody to the great grandparents. On appeal, the Court reversed and awarded custody to the parents. Our office represented the parents.

South Carolina Department of Social Services v. Beeks, 325 S.C. 243, 481 S.E.2d 703 (1997).

Our office represented one of the parties on the appeal.

Mother and father never married but had a daughter, and shared custody of her. Later law enforcement officials removed the child from parents’ custody and placed the child in foster care. Relying on hearsay statements attributed to the child, the trial judge prohibited the minor from having any contact with certain members of mothers family, and precluded mother from presenting relevant evidence and from confronting and examining the Guardian Ad Litem. On appeal, the Court reversed and granted the mother the right to present her case and to have due process.

Allison v. Eudy 330 S.C. 427, 499 S.E.2d 227 (1998)

Our office represented one of the parties on the appeal.

Mother and father divorced and the decree provided for joint custody of their child, later both parents sought a change to sole custody for each. The Trial Court granted sole custody to the mother and on appeal, the Court held that neither parent had fulfilled their burden of proof to change from joint custody.

SCDSS v. Forrester, 282 SC. 512, 320 S.E.2d 39 (Ct.App 1984).

Our office represented one of the parties on the appeal.

Trial Court found Defendant had abused two minor children while visiting his home, and Trial Court ordered psychiatric testing and evaluation. This was affirmed on appeal.

Kisling v. Allison, 345 S.C. 674, 541 S.E.2d 273 (CT. App 2001).

Our office represented one of the parties on the appeal.

Custody was transferred from the mother to the father. The mother appealed and the Trial Court was affirmed on appeal.

 

Divorce Appeal Cases

Ingold v Ingold, 304 S.C. 316, 404 S.E.2d 35 (1991)

Our office represented one of the parties on the appeal.

A divorce agreement provided visitation for a minor daughter of the parties. The mother later sought court relief to limit the visitation of the father. The Trial Court agreed and further denied costs and attorney’s fees. On appeal the court reversed the visitation ruling and remanded for issues of father’s expenses and attorneys fees.

Culbertson v. Clemens, 322 S.C. 20, 471 S.E.2d 163 (1996)

Our office represented one of the parties on the appeal.

Wife filed suit for divorce. The case was transferred from one county to another. The husband’s prior attorney claimed to be released from the case. The Trial Court agreed and in the process sanctioned the wife and her attorney for treating husband’s attorney as his continuing attorney. On appeal, the sanctions were reversed and the Court held that any changes in representation be made by application to the Court.

Smith v Smith 327 S.C. 448, 486 S.E.2d 516 (1997).

Our office represented one of the parties on the appeal.

Husband and wife were divorced and the order addressed matters of division of property including debt, addressed alimony and attorneys fees, Both parties appealed. On appeal, the Court reversed a portion of the marital assets feature, ordered a 50/50 split and affirmed the alimony and attorneys fee portions of the ruling.

Lineberger v. Lineberger 303 S.C. 248, 399 S.E.2d 786, (Ct. App. 1990)

Our office represented one of the parties on the appeal.

This was an action for divorce, alimony, college expenses, division of property, and attorney’s fees, The Trial Court awarded $2,000 per month alimony, plus 15% of any net bonus, a 55/45 split in property, and attorneys fees, It was affirmed on appeal.

Reece v Reece 266SC 316, 223 S.E.2d 182 (1976).

Our office represented one of the parties on the appeal.

In a divorce action, the Trial Court approved an agreement which included division of property, attorney's fees, and lump sum alimony payable in installments. The court went on the grant a divorce. The Appellate Court affirmed.

Anders v. Anders 285 S.C. 512, 331 S.E.2d 340 (1985).

Our office represented one of the parties on the appeal.

Wife sued for divorce on physical cruelty and husband sued for divorce on adultery. The Trial Court granted husband the divorce on adultery, custody to husband, and division of property. The case was affirmed on appeal.

Horton v Horton, 282 S.C. 317, 317 S.E.2d 778 (Ct. App 1984).

Our office represented one of the parties on the appeal.

Wife sued for adultery, Husband counterclaimed for adultery. The Trial Court granted the divorce to the wife, and divided the property. It was affirmed on appeal.

This information was prepared to give you some general information on the law. It is not intended as legal advice about any particular problem.