August 2015
Mortgages
Open-end mortgages are cancelled and satisfied in the same manner as other mortgages under S.C. Code Section 29-3-310.
Regions Bank v. Strawn, Op. No. 27555 (S.C. Sup. Ct. filed August 5, 2015) (Shearouse Adv. Sh. No. 30 at 16).
July 2015
Arbitration clause
An arbitration clause does not need specific language stating it covers statutory claims.
Hall v. Green Tree Servicing, Op. No. 5323 (S.C. Ct. App. filed July 1, 2015) (Shearouse Adv. Sh. No. 25 at 47).
December 2014
Attorneys’ Fees
A contingency fee agreement is but one factor for the court to consider in determining an award of attorneys’ fees under S.C. Code Section 28-2-510(B)(1) of the Eminent Domain Procedure Act.
SCDOT v. Revels, Op. No. 27469 (S.C. Sup. Ct. filed December 10, 2014) (Shearouse Adv. Sh. No. 49 at 67).
October 2014
Third-Party Beneficiaries
The Court recognized a cause of action, in both tort and contract, by a third-party beneficiary of an existing will or estate planning document against a lawyer whose drafting error defeats or diminishes the client’s interest. Recovery under either cause of action is limited to persons who are named in the estate planning document or otherwise identified in the instrument by their status. Where the claim sounds in both tort and contract, the plaintiff may elect a recovery.
Fabian v. Lindsay, Op. No. 27460 (S.C. Sup. Ct. filed October 29, 2014) (Shearouse Adv. Sh. No. 43 at 30).
March 2014
Statute of frauds
A logo does not qualify as a legal signature for purposes of satisfying the statute of frauds.
Springob v. USC, Op. No. 27363 (S.C. Sup. Ct. filed March 12, 2014) (Shearouse Adv. Sh. No. 10 at 28).