Judge Simmons’ Opinion in Pelham Spring Homeowners’ Association

February 14, 2014

From time to time, as readers of this blog are well aware, I have the great privilege and honor of being asked by some Judges in South Carolina to look at recent decisions in property and equity that – one way or another – raise questions about fairness, statutory interpretation, and principles of law and equity. If you recall, one of the prime maxims of Equity is that “Equity Follows the Law” and this maxim has particular applicability when it comes to statutes. This rule has special force when the General Assembly steps up an entire statutory scheme.

The Honorable Master in Equity of Greenville County, Judge Charles Simmons, Jr., in a very recent decision, carefully discussed both the conduct of the Home Owners Association (in not sending various notices) and specific sections of the South Carolina Horizontal Property Regime Statute (What in most other states are typically called Condominium Statutes) and concluded that undeveloped lots were not “apartments” under the Statutory Scheme and therefore not subject to unpaid Assessments.

It is a very interesting opinion and I truly thank the Master for permitting me to put his recent opinion on this Blog.

As always, please remember, this is such a recent decision it is of course subject to Motions to Reconsider, Subsequent Appeals and so on. And, merely to remind everyone – this blog is for educational purposes only and is not giving any specific legal advice or counsel on any aspect of any topic discussed herein.

Judge Spence’s Orders in Two Interesting Recent Property Cases

September 17, 2013

The Honorable James Spence, Master In Equity in Lexington County, South Carolina, was kind enough to come down to Charleston from Lexington and give a special lecture to my Real Estate Transactions Class on some property cases that he had recently decided. One of them – that is particularly interesting – was a commercial easement that he has now been kind enough to share not only with the class itself but he has granted me permission to post on Equity is Swell Blog. It is very instructive and it highlights that when purchasing property one should always be very careful to read all the conveyances that are involved in the transaction, including all of the easements. It is attached to this link. I recommend it to you as a very interesting South Carolina Order, worth of reading and perhaps even re-reading.

The second case that Judge Spence was kind enough to share with me is a fascinating case about the interpretation of a South Carolina deed. At the very end of this very scholarly  opinion, you will note that he expressly quotes an equitable maxim in his analysis. I highly recommend this order. as well. As an interesting aside, the deed was drafted in February of 1945 with World War II still on-going. Although the deed was written in 1945, the case itself was not decided until 2012.

Although Property law really does take a long time sometimes to  decide, even so, this case is probably somewhat unusual as it normally does not take 67 years to make that particular type of decision.

Both of these cases highlight the interactions between property and equity and suggest that the practice of law really does present unusual challenges to lawyers and clients. It is a real pleasure to have the opportunity to have this Judge in the classroom and his opinions on this blog.

Thanks, your honor. Your work is especially appreciated.

Judge Richard Gergel’s Opening Comments at the Law and Society Symposium on Religion and the Law

June 4, 2013

The Honorable Judge Richard Gergel, sitting Federal District Court Judge here in Charleston, S.C., gave a very memorable set of Opening Comments recently at the Law and Society Symposium about the history of the City where this Law School sits. He was kind enough to permit me to post this on the Equity is Swell blog. It elegantly states some very interesting history – and history that many of us, including the author of this Blog, were totally unaware of. I commend his opening remarks to you – I suspect (like me) you will find them genuinely of great interest. Thanks, Judge Gergel.

Order from Judge Kimball

April 2, 2013

In the real world some cases have a number of different, separate and distinct claims and issues. Certainly that is true for the Case that the Honorable S. Jackson Kimball, Special Circuit Court Judge, was kind enough to send in to Equity is Swell blog. One of the key issues in this case, is how a member of an LLC can be “dissociated” from the LLC for its own alleged misconduct. The broader lesson, in equity, has always been clear: the conduct of the parties in an equity case is always relevant. Thanks, Judge, for sending this unique lower court case to a public domain where the many readers of Equity is Swell will find it very interesting. (Of course, any lower court decision is always subject to motions for reconsideration, appeal, modification, and so on)

Commencement Speech Given by Chief Judge John Few of the South Carolina Court of Appeals

March 4, 2013

Chief Judge Few, of the South Carolina Court of Appeals, gave this commencement speech to the graduating students of the Charleston School of Law on December 16, 2012. With so much relentless criticism today of the legal profession, it is especially nice to consider this speech. As Judge Few reminds us – at its very best – law can be a highly honorable field and individual lawyers and judges really can make a true meaningful difference in this world. Thanks, Judge Few, for sharing this recent commencement speech with all of us and permitting me to post it on the Equity is Swell blog. Naturally, I always invite comments on anything that is posted here.

Spitz

2012 in review

January 20, 2013

The WordPress.com stats helper monkeys prepared a 2012 annual report for this blog.

Here’s an excerpt:

600 people reached the top of Mt. Everest in 2012. This blog got about 4,400 views in 2012. If every person who reached the top of Mt. Everest viewed this blog, it would have taken 7 years to get that many views.

Click here to see the complete report.

Student Paper on Equitable Attorney Fees

October 29, 2012

This student paper, titled Equitable Attorney Fees, was written for my Spring 2012 Equity class by Angel I. Daniels, Nicole Lynne Paluzzi, and Margarete Linsay Allio.

To Be Emailed New Posts on Equity Is Swell

October 17, 2012

To have every new post on Equity is Swell emailed to your email address, do the following. At the Equity is Swell site, click on the floating box in the lower right-hand corner that says “Follow.”

In the box that comes up, fill in the email address and click “Sign me up.”

Student Paper on “Til Equity Do Us Part”: Equitable Distribution of Property in Marital and Non-Marital Relationships

October 15, 2012

This student paper, titled “Til Equity Do Us Part”: Equitable Distribution of Property in Marital and Non-Marital Relationships, was written for my Spring 2012 Equity class by Amber Rogers, Lauren Spears, and Tiffany Winks.

Student Paper on Rule 70 SCRCP: The Rarely Used and Often Forgotten Rule

October 15, 2012

This student paper, titled Rule 70 SCRCP:  The Rarely Used and Often Forgotten Rule, was written for my Spring 2012 Equity class by Lisa Mozley, Jennie Smith, and Samantha Vaughn.


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