Blumberg factors (South Carolina) · Go Syfert
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Blumberg factors in South Carolina

6 South Carolina opinions name it 1 courts 1992–2026 2 in the last five years

The cases below were cited by South Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Elam v. South Carolina Department of Transportationgreen
sc · 2004 · cited in 1 South Carolina opinions naming this issue, 2026–2026
2 sentences

2026See Elam v. S.C. Dep't of Transp., 361 S.C. 9, 23 , 602 S.E.2d 772, 779-80 (2004) ("Issues and arguments are preserved for appellate review only when they are raised to and ruled on by the lower court."); id. at 24 , 602 S.E.2d at 780 ("A party must file [a Rule 59(e) motion] when an issue or argument has been raised, but not ruled on, in order to preserve it for appellate review.").

2026See Elam v. S.C. Dep't of Transp., 361 S.C. 9, 23 , 602 S.E.2d 772, 779-80 (2004) ("Issues and arguments are preserved for appellate review only when they are raised to and ruled on by the lower court."); id. at 24 , 602 S.E.2d at 780 ("A party must file [a Rule 59(e) motion] when an issue or argument has been raised, but not ruled on, in order to preserve it for appellate review.").

11
In Re Walter M.green
scctapp · 2009 · cited in 1 South Carolina opinions naming this issue, 2025–2025
2 sentences

2025We hold Appellants' arguments that Grapevine was estopped from enforcing the attorney's fees provision in the Lease, that the Lease prohibited Grapevine from obtaining attorney's fees incurred in pursuing extra-contractual damages, and that the redacted invoices were insufficient to provide a reasonable basis for the trial court to award attorney's fees are not preserved for review.3 See, e.g., In re Walter M., 386 S.C. 387, 392 , 688 S.E.2d 133, 136 (Ct. App. 2009) ("Generally, an issue must be both raised to and ruled upon by the trial court in order to be preserved for appellate review.").

2025We hold Appellants' arguments that Grapevine was estopped from enforcing the attorney's fees provision in the Lease, that the Lease prohibited Grapevine from obtaining attorney's fees incurred in pursuing extra-contractual damages, and that the redacted invoices were insufficient to provide a reasonable basis for the trial court to award attorney's fees are not preserved for review.3 See, e.g., In re Walter M., 386 S.C. 387, 392 , 688 S.E.2d 133, 136 (Ct. App. 2009) ("Generally, an issue must be both raised to and ruled upon by the trial court in order to be preserved for appellate review.").

11
Jackson v. Speedgreen
sc · 1997 · cited in 1 South Carolina opinions naming this issue, 2007–2007
2 sentences

2007See Jackson v. Speed, 326 S.C. 289, 308 , 486 S.E.2d 750, 760 (1997) (“[A]n award for attorney’s fees will be affirmed so long as sufficient evidence in the record supports each factor.”); McMaster v. Strickland, 322 S.C. 451, 455 , 472 S.E.2d 623, 626 (1996) (affirming special referee’s award of attorney’s fees notwithstanding his failure to make specific findings about each of the six Blumberg factors because the record contained ample support for each of the six factors).

2007See Jackson v. Speed, 326 S.C. 289, 308 , 486 S.E.2d 750, 760 (1997) (“[A]n award for attorney’s fees will be affirmed so long as sufficient evidence in the record supports each factor.”); McMaster v. Strickland, 322 S.C. 451, 455 , 472 S.E.2d 623, 626 (1996) (affirming special referee’s award of attorney’s fees notwithstanding his failure to make specific findings about each of the six Blumberg factors because the record contained ample support for each of the six factors).

11
McMaster v. Stricklandgreen
sc · 1996 · cited in 1 South Carolina opinions naming this issue, 2007–2007
2 sentences

2007See Jackson v. Speed, 326 S.C. 289, 308 , 486 S.E.2d 750, 760 (1997) (“[A]n award for attorney’s fees will be affirmed so long as sufficient evidence in the record supports each factor.”); McMaster v. Strickland, 322 S.C. 451, 455 , 472 S.E.2d 623, 626 (1996) (affirming special referee’s award of attorney’s fees notwithstanding his failure to make specific findings about each of the six Blumberg factors because the record contained ample support for each of the six factors).

2007See Jackson v. Speed, 326 S.C. 289, 308 , 486 S.E.2d 750, 760 (1997) (“[A]n award for attorney’s fees will be affirmed so long as sufficient evidence in the record supports each factor.”); McMaster v. Strickland, 322 S.C. 451, 455 , 472 S.E.2d 623, 626 (1996) (affirming special referee’s award of attorney’s fees notwithstanding his failure to make specific findings about each of the six Blumberg factors because the record contained ample support for each of the six factors).

11
Glasscock v. Glasscockgreen
sc · 1991 · cited in 1 South Carolina opinions naming this issue, 2000–2000
2 sentences

2000As our supreme court stated in Glasscock v. Glasscock, 304 S.C. 158, 161 , 403 S.E.2d 313, 315 (1991), the factor “contingency of compensation” does not refer to the nature of the fee agreement.

2000As our supreme court stated in Glasscock v. Glasscock, 304 S.C. 158, 161 , 403 S.E.2d 313, 315 (1991), the factor “contingency of compensation” does not refer to the nature of the fee agreement.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Blumberg v. Nealco, Inc. green
sc · 1993
2 sentences

2005In fact, “[o]n appeal, absent sufficient evidentiary support on the record for each factor, the award should be reversed *244 and the issue remanded for the trial court to make specific findings of fact.” Rowell, 360 S.C. at 186 , 600 S.E.2d at 99 (quoting Blumberg, 310 S.C. at 494 , 427 S.E.2d at 661 ).

2005In fact, “[o]n appeal, absent sufficient evidentiary support on the record for each factor, the award should be reversed *244 and the issue remanded for the trial court to make specific findings of fact.” Rowell, 360 S.C. at 186 , 600 S.E.2d at 99 (quoting Blumberg, 310 S.C. at 494 , 427 S.E.2d at 661 ).

22000–2005
Rowell v. Whisnant green
scctapp · 2004
2 sentences

2005In Rowell v. Whisnant, 360 S.C. 181 , 600 S.E.2d 96 (Ct.App.2004), this Court explicated: Trial courts make specific findings of fact on the record for each of the factors set out above [the Blumberg factors].

2005In Rowell v. Whisnant, 360 S.C. 181 , 600 S.E.2d 96 (Ct.App.2004), this Court explicated: Trial courts make specific findings of fact on the record for each of the factors set out above [the Blumberg factors].

12005–2005
Collins v. Collins green
sc · 1961
2 sentences

2000Blumberg , at 493, 427 S.E.2d at 660 (citing Collins v. Collins, 239 S.C. 170 , 122 S.E.2d 1 (1961) (involved an award of attorney fees to the wife against the husband in a divorce case)).

2000Blumberg , at 493, 427 S.E.2d at 660 (citing Collins v. Collins, 239 S.C. 170 , 122 S.E.2d 1 (1961) (involved an award of attorney fees to the wife against the husband in a divorce case)).

12000–2000
United States Rubber Co. v. White Tire Co. green
sc · 1956
2 sentences

1992Ordinarily, the termination of a lease will terminate a lessor’s right to future payments, United States Rubber Co. v. White Tire Co., 231 S.C. 84 , 97 S.E. (2d) 403 (1956).

1992Ordinarily, the termination of a lease will terminate a lessor’s right to future payments, United States Rubber Co. v. White Tire Co., 231 S.C. 84 , 97 S.E. (2d) 403 (1956).

11992–1992

Where else courts name it

SC 6 (1992–2026) NY 2 (1990–2020) FL 2 (2017–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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