Bruce H. Williams

The case involved the Highlands Property Owners Association seeking to collect unpaid annual assessments on seven lots owned by Shumaker Land, LLC within a residential development and to foreclose on liens for those assessments. Shumaker LLC counterclaimed for a declaration that it was the successor Declarant under the Covenants, Conditions, and Restrictions, which would exempt the lots from assessments. The Court of Appeals reversed the Master's ruling in favor of Shumaker LLC, holding that the company was not the Declarant because the deeds conveying the lots from the original developer did not expressly assign Declarant rights as required by the Covenants, and a later attempted assignment was invalid. The court reasoned that the Covenants' clear language required explicit transfer of Declarant status for exemption to apply, and without it, assessments properly commenced upon the relevant conveyances.

property

This case concerned a dispute over a mechanic's lien in which Ferguson Fire, a material supplier, sought payment from Immedion, the property owner, after a subcontractor failed to pay for fire suppression system materials delivered to Immedion's data center project. Immedion had paid its contractors in full, including after receiving Ferguson Fire's preliminary notice of furnishing materials. The circuit court granted summary judgment to Immedion, holding that the notice was ineffective under South Carolina statutes to create liability for the owner and that a lien is not protected until properly recorded and served. The Court of Appeals affirmed, concluding that the statutes require specific steps for notice and lien perfection that were not met here, and upheld the award of attorney's fees to Immedion for defending the lien action.

propertyprocedure

This case involved a dispute between two South Carolina realtors, Adrienne Hennes and John Shaw, over commissions from co-listed properties, including a parcel on Lake Keowee, as well as claims stemming from alleged advances or loans between them. Hennes sued Shaw for breach of contract seeking repayment of funds, while Shaw counterclaimed with claims including tortious interference, unfair trade practices, and others. The circuit court granted Hennes a directed verdict on Shaw's UTPA claim and denied Shaw's motion for directed verdict on the breach claim, allowing the case to proceed to a jury that awarded damages to both parties. On appeal, the court affirmed those directed verdict rulings but reversed and remanded because the trial court improperly charged the jury on conversion—a claim not pleaded or properly added—prejudicing Shaw by allowing recovery on an unasserted theory. The case was remanded for a new trial on the remaining claims of breach of contract, tortious interference, conspiracy, and breach of fiduciary duty.

propertyproceduretorts & liabilitybusiness & regulatory

In State v. Robinson, the defendant was convicted of possession of crack cocaine with intent to distribute, possession within one-half mile of a public park, unlawful carrying of a pistol, possession of marijuana, and resisting arrest following a police encounter on an apartment porch where officers smelled marijuana, observed a pistol in his pocket, conducted a Terry search, and recovered the items after a struggle. The circuit court denied Robinson's motion to suppress the evidence and qualified a drug enforcement commander as an expert witness on crack cocaine packaging and sales, leading to a life sentence under recidivist provisions. On appeal, the court affirmed the convictions, reasoning that Robinson waived objection to the marijuana by introducing it himself at trial, the search was supported by reasonable suspicion and the visible firearm without violating Fourth Amendment rights, and the expert's qualification was proper based on decades of narcotics experience and did not prejudice the defense.

criminal lawgunsprocedure

This case involves a divorce action between Latane Sanders and Roy Sanders after 35 years of marriage, where the family court granted a divorce on grounds of adultery and divided the marital estate. Wife appealed the classification of her inherited AG Edwards account as marital property and the equal division of assets, while Husband cross-appealed issues including the valuation date of assets, the marital home's value, and classification of certain personal property as nonmarital. The appellate court affirmed the inclusion of the AG account in the marital estate due to its use in supporting the marriage, indicating transmutation, and the equal division, but reversed the use of different valuation dates for the parties' retirement accounts and remanded for further proceedings on the personal property classification and consistent valuation.

family lawproperty

This case involved a contract dispute between North American Rescue Products, Inc. (NARP) and P.J. Richardson arising from a 2000 agreement for cross-selling commissions and mutual stock ownership, later orally modified in Charleston to reduce the stock percentages to 7.5%, followed by a 2004 Termination Agreement that released prior claims but preserved a separate option for Richardson to acquire 7.5% of NARP's stock. The parties disagreed on whether the modified agreement allowed Richardson to pay cash for the stock or required a like-for-like stock exchange. A jury found that NARP had agreed to a cash payment, that the Termination Agreement did not end Richardson's rights, and that Richardson was entitled to specific performance; it set the price at $2,936,300. The circuit court upheld the verdict, and the appellate court affirmed, holding that the jury's findings were supported by evidence in the record and that compelling reasons did not exist to alter the verdict or invade the jury's province.

business & regulatoryprocedure