Archive for the ‘Lower Court Order’ Category

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.


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)

“Equity Abhors a Charade”

September 6, 2012

The Honorable Garrison Hill, a Circuit Court Judge, in South Carolina recently wrote a very exciting and educational lower court equitable order dealing with the doctrine of judicial estoppel. The Court was kind enough to grant me permission to put in on this blog and I am doing just that. As Judge Hill so succinctly noted, in a memorial equitable opinion, “equity abhors a charade.” Read on, this Judicial Estoppel Circuit Court Order is worthy of study by lawyers and law students. A genuine thanks to Judge Hill for permitting me to post this opinion.


Lower Court Order — Setting Aside a Tax Sale

April 3, 2012

In a very interesting recent case out of Greenville, South Carolina, the Master in Equity set aside a tax sale on rather unique and special facts. As lawyers are sometimes in the habit of saying, the Order “speaks for itself” and I genuinely thank the Greenville Master In Equity for permitting me to post this very interesting lower court order.


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