Archive for April, 2011

Lower Court Order, Equitable Relief for Life Tenant’s Waste of Property

April 20, 2011

This is exciting. I am posting my very first lower court order that has been signed and filed in the public records of Calhoun County, S.C. It deals with the very interesting situation of a life tenant who was found to have committed waste of the property. The equitable relief granted by the Special Referee merits careful attention and I personally thank the lawyer who was kind enough to send me this Order for the blog. If any of my readers have a final, finished, filed public record that you think might be of interest to others who follow equitable matters, please do not hesitate to send them on. With the very kindest personal regards, I remain,

Stephen Spitz


The Incomplete Merger of Law and Equity

April 6, 2011

This class actually covered a number of different (but related) topics. We start with some of the procedural rules that “merged” law and equity (for example, SCRCP 8(e)) At the same time, we take a look at some of the fundamental differences between law and equity — and some of equity’s vast powers but also highly significant restrictions. The class ends with a look at the modern South Carolina Unfair Trade Practices Act — which proclaims that if something is truly “unfair” and in “commerce” it might result in a legal remedy of three times the actual damages plus attorney fees. In short, sometimes “unfair” triggers law, sometimes it triggers equity, and sometimes, the Court system cannot do a whole lot to even solve the problem at all. Welcome — to the mixed-up, complex, real world. No wonder it is fun to teach this stuff.