burden of demonstrating error (South Carolina) · Go Syfert
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burden of demonstrating error in South Carolina

15 South Carolina opinions name it 1 courts 2011–2016 0 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 (10)

CaseFollowedCited
Pinckney v. Warrengreen
sc · 2001 · cited in 12 South Carolina opinions naming this issue, 2011–2016
2 sentences

2016Servs. v. Mary C., 396 S.C. 15, 26 , 720 S.E.2d 503, 509 (Ct. App. 2011) (holding it is proper to defer to the family court even if conflicting evidence is presented on appeal as long as ample evidence in the record supports the family court’s findings and conclusions); Pinckney v. Warren, 344 S.C. 382, 387-88 , 544 S.E.2d 620, 623 (2001) (holding the appellant carries the burden of demonstrating error in the family court’s findings of fact); Lewis, 392 S.C. at 388-89 , 709 S.E.2d at 654 (stating the appellate court generally defers to the factual findings of the family court regarding credibi

2016Servs. v. Mary C., 396 S.C. 15, 26 , 720 S.E.2d 503, 509 (Ct. App. 2011) (holding it is proper to defer to the family court even if conflicting evidence is presented on appeal as long as ample evidence in the record supports the family court’s findings and conclusions); Pinckney v. Warren, 344 S.C. 382, 387-88 , 544 S.E.2d 620, 623 (2001) (holding the appellant carries the burden of demonstrating error in the family court’s findings of fact); Lewis, 392 S.C. at 388-89 , 709 S.E.2d at 654 (stating the appellate court generally defers to the factual findings of the family court regarding credibi

212
Holmes v. Holmesgreen
scctapp · 2012 · cited in 3 South Carolina opinions naming this issue, 2013–2016
2 sentences

2016As to Issues 2 and 3: Sanders v. Sanders, 396 S.C. 410, 419 , 722 S.E.2d 15, 19 (Ct. App. 2011) ("In general, marital property that is subject to equitable distribution is valued as of the date the marital litigation is filed or commenced."); Roof v. Steele, 413 S.C. 543, 549 , 776 S.E.2d 392, 395 (Ct. App. 2015) ("The family court is a court of equity and on appeals therefrom the appellate court reviews factual and legal issues de novo."); id. ("However, this broad standard of review does not require the appellate court to disregard the factual findings of the family court, and the appellant

2016As to Issues 2 and 3: Sanders v. Sanders, 396 S.C. 410, 419 , 722 S.E.2d 15, 19 (Ct. App. 2011) ("In general, marital property that is subject to equitable distribution is valued as of the date the marital litigation is filed or commenced."); Roof v. Steele, 413 S.C. 543, 549 , 776 S.E.2d 392, 395 (Ct. App. 2015) ("The family court is a court of equity and on appeals therefrom the appellate court reviews factual and legal issues de novo."); id. ("However, this broad standard of review does not require the appellate court to disregard the factual findings of the family court, and the appellant

23
South Carolina Department of Social Services v. Mary C.green
scctapp · 2011 · cited in 2 South Carolina opinions naming this issue, 2013–2016
2 sentences

2016Servs. v. Mary C., 396 S.C. 15, 26 , 720 S.E.2d 503, 509 (Ct. App. 2011) (holding it is proper to defer to the family court even if conflicting evidence is presented on appeal as long as ample evidence in the record supports the family court’s findings and conclusions); Pinckney v. Warren, 344 S.C. 382, 387-88 , 544 S.E.2d 620, 623 (2001) (holding the appellant carries the burden of demonstrating error in the family court’s findings of fact); Lewis, 392 S.C. at 388-89 , 709 S.E.2d at 654 (stating the appellate court generally defers to the factual findings of the family court regarding credibi

2016Servs. v. Mary C., 396 S.C. 15, 26 , 720 S.E.2d 503, 509 (Ct. App. 2011) (holding it is proper to defer to the family court even if conflicting evidence is presented on appeal as long as ample evidence in the record supports the family court’s findings and conclusions); Pinckney v. Warren, 344 S.C. 382, 387-88 , 544 S.E.2d 620, 623 (2001) (holding the appellant carries the burden of demonstrating error in the family court’s findings of fact); Lewis, 392 S.C. at 388-89 , 709 S.E.2d at 654 (stating the appellate court generally defers to the factual findings of the family court regarding credibi

22
Roof v. Steelegreen
scctapp · 2015 · cited in 1 South Carolina opinions naming this issue, 2016–2016
2 sentences

2016As to Issues 2 and 3: Sanders v. Sanders, 396 S.C. 410, 419 , 722 S.E.2d 15, 19 (Ct. App. 2011) ("In general, marital property that is subject to equitable distribution is valued as of the date the marital litigation is filed or commenced."); Roof v. Steele, 413 S.C. 543, 549 , 776 S.E.2d 392, 395 (Ct. App. 2015) ("The family court is a court of equity and on appeals therefrom the appellate court reviews factual and legal issues de novo."); id. ("However, this broad standard of review does not require the appellate court to disregard the factual findings of the family court, and the appellant

2016As to Issues 2 and 3: Sanders v. Sanders, 396 S.C. 410, 419 , 722 S.E.2d 15, 19 (Ct. App. 2011) ("In general, marital property that is subject to equitable distribution is valued as of the date the marital litigation is filed or commenced."); Roof v. Steele, 413 S.C. 543, 549 , 776 S.E.2d 392, 395 (Ct. App. 2015) ("The family court is a court of equity and on appeals therefrom the appellate court reviews factual and legal issues de novo."); id. ("However, this broad standard of review does not require the appellate court to disregard the factual findings of the family court, and the appellant

11
Ex Parte Dibblegreen
scctapp · 1983 · cited in 1 South Carolina opinions naming this issue, 2016–2016
2 sentences

2016As to Issues 2 and 3: Sanders v. Sanders, 396 S.C. 410, 419 , 722 S.E.2d 15, 19 (Ct. App. 2011) ("In general, marital property that is subject to equitable distribution is valued as of the date the marital litigation is filed or commenced."); Roof v. Steele, 413 S.C. 543, 549 , 776 S.E.2d 392, 395 (Ct. App. 2015) ("The family court is a court of equity and on appeals therefrom the appellate court reviews factual and legal issues de novo."); id. ("However, this broad standard of review does not require the appellate court to disregard the factual findings of the family court, and the appellant

2016As to Issues 2 and 3: Sanders v. Sanders, 396 S.C. 410, 419 , 722 S.E.2d 15, 19 (Ct. App. 2011) ("In general, marital property that is subject to equitable distribution is valued as of the date the marital litigation is filed or commenced."); Roof v. Steele, 413 S.C. 543, 549 , 776 S.E.2d 392, 395 (Ct. App. 2015) ("The family court is a court of equity and on appeals therefrom the appellate court reviews factual and legal issues de novo."); id. ("However, this broad standard of review does not require the appellate court to disregard the factual findings of the family court, and the appellant

11
Smalls v. South Carolina Department of Educationgreen
scctapp · 2000 · cited in 1 South Carolina opinions naming this issue, 2016–2016
2 sentences

2016Dep't of Educ., 339 S.C. 208, 219 , 528 S.E.2d 682, 688 (Ct. App. 2000) ("The trial court's jurisdiction to set off one judgment against another is equitable in nature and should be exercised when necessary to provide justice between the parties."); id. ("A set-off is not necessarily founded upon 'any statute or fixed rule of court, but grows out of the inherent equitable jurisdiction' of the court; therefore, such motions are 'addressed to the discretion of the court . . . .'" (quoting Rookard v. Atlanta & Charlotte Air Line Ry., 89 S.C. 371, 376 , 71 S.E. 992, 995 (1911))). 3.

2016Dep't of Educ., 339 S.C. 208, 219 , 528 S.E.2d 682, 688 (Ct. App. 2000) ("The trial court's jurisdiction to set off one judgment against another is equitable in nature and should be exercised when necessary to provide justice between the parties."); id. ("A set-off is not necessarily founded upon 'any statute or fixed rule of court, but grows out of the inherent equitable jurisdiction' of the court; therefore, such motions are 'addressed to the discretion of the court . . . .'" (quoting Rookard v. Atlanta & Charlotte Air Line Ry., 89 S.C. 371, 376 , 71 S.E. 992, 995 (1911))). 3.

11
Lewis v. Lewisgreen
sc · 2011 · cited in 1 South Carolina opinions naming this issue, 2016–2016
2 sentences

2016Servs. v. Mary C., 396 S.C. 15, 26 , 720 S.E.2d 503, 509 (Ct. App. 2011) (holding it is proper to defer to the family court even if conflicting evidence is presented on appeal as long as ample evidence in the record supports the family court’s findings and conclusions); Pinckney v. Warren, 344 S.C. 382, 387-88 , 544 S.E.2d 620, 623 (2001) (holding the appellant carries the burden of demonstrating error in the family court’s findings of fact); Lewis, 392 S.C. at 388-89 , 709 S.E.2d at 654 (stating the appellate court generally defers to the factual findings of the family court regarding credibi

2016Servs. v. Mary C., 396 S.C. 15, 26 , 720 S.E.2d 503, 509 (Ct. App. 2011) (holding it is proper to defer to the family court even if conflicting evidence is presented on appeal as long as ample evidence in the record supports the family court’s findings and conclusions); Pinckney v. Warren, 344 S.C. 382, 387-88 , 544 S.E.2d 620, 623 (2001) (holding the appellant carries the burden of demonstrating error in the family court’s findings of fact); Lewis, 392 S.C. at 388-89 , 709 S.E.2d at 654 (stating the appellate court generally defers to the factual findings of the family court regarding credibi

11
Sanders v. Sandersgreen
scctapp · 2011 · cited in 1 South Carolina opinions naming this issue, 2016–2016
2 sentences

2016As to Issues 2 and 3: Sanders v. Sanders, 396 S.C. 410, 419 , 722 S.E.2d 15, 19 (Ct. App. 2011) ("In general, marital property that is subject to equitable distribution is valued as of the date the marital litigation is filed or commenced."); Roof v. Steele, 413 S.C. 543, 549 , 776 S.E.2d 392, 395 (Ct. App. 2015) ("The family court is a court of equity and on appeals therefrom the appellate court reviews factual and legal issues de novo."); id. ("However, this broad standard of review does not require the appellate court to disregard the factual findings of the family court, and the appellant

2016As to Issues 2 and 3: Sanders v. Sanders, 396 S.C. 410, 419 , 722 S.E.2d 15, 19 (Ct. App. 2011) ("In general, marital property that is subject to equitable distribution is valued as of the date the marital litigation is filed or commenced."); Roof v. Steele, 413 S.C. 543, 549 , 776 S.E.2d 392, 395 (Ct. App. 2015) ("The family court is a court of equity and on appeals therefrom the appellate court reviews factual and legal issues de novo."); id. ("However, this broad standard of review does not require the appellate court to disregard the factual findings of the family court, and the appellant

11
Rookard v. Atlanta & Charlotte Air Line Ry.green
sc · 1911 · cited in 1 South Carolina opinions naming this issue, 2016–2016
2 sentences

2016Dep't of Educ., 339 S.C. 208, 219 , 528 S.E.2d 682, 688 (Ct. App. 2000) ("The trial court's jurisdiction to set off one judgment against another is equitable in nature and should be exercised when necessary to provide justice between the parties."); id. ("A set-off is not necessarily founded upon 'any statute or fixed rule of court, but grows out of the inherent equitable jurisdiction' of the court; therefore, such motions are 'addressed to the discretion of the court . . . .'" (quoting Rookard v. Atlanta & Charlotte Air Line Ry., 89 S.C. 371, 376 , 71 S.E. 992, 995 (1911))). 3.

2016Dep't of Educ., 339 S.C. 208, 219 , 528 S.E.2d 682, 688 (Ct. App. 2000) ("The trial court's jurisdiction to set off one judgment against another is equitable in nature and should be exercised when necessary to provide justice between the parties."); id. ("A set-off is not necessarily founded upon 'any statute or fixed rule of court, but grows out of the inherent equitable jurisdiction' of the court; therefore, such motions are 'addressed to the discretion of the court . . . .'" (quoting Rookard v. Atlanta & Charlotte Air Line Ry., 89 S.C. 371, 376 , 71 S.E. 992, 995 (1911))). 3.

11
Butler v. Butlergreen
scctapp · 2009 · cited in 1 South Carolina opinions naming this issue, 2013–2013
2 sentences

2013Code Ann. § 20-3-130 (B)(1) (Supp. 2012) (stating periodic alimony is "terminable and modifiable based upon changed circumstances occurring in the future"); Butler v. Butler, 385 S.C. 328, 336 , 684 S.E.2d 191, 195 (Ct. App. 2009) ("The party seeking modification has the burden to show by a preponderance of the evidence that the unforeseen change has occurred." (internal quotation marks and citation omitted)); id. ("Changes in circumstances must be substantial or material to justify modification or termination of an alimony award.").

2013Code Ann. § 20-3-130 (B)(1) (Supp. 2012) (stating periodic alimony is "terminable and modifiable based upon changed circumstances occurring in the future"); Butler v. Butler, 385 S.C. 328, 336 , 684 S.E.2d 191, 195 (Ct. App. 2009) ("The party seeking modification has the burden to show by a preponderance of the evidence that the unforeseen change has occurred." (internal quotation marks and citation omitted)); id. ("Changes in circumstances must be substantial or material to justify modification or termination of an alimony award.").

11

Distinguished, questioned or overruled (0)

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

Statutes the citing opinions construe

SC § S.C. Code Ann. § 20-3-130 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 159 (1969–2026) OH 149 (1995–2026) MO 144 (1969–2022) TX 29 (1999–2026) AR 28 (1976–2007) GA 25 (1984–2025) DC 18 (1985–2024) VA 16 (1999–2020) SC 15 (2011–2016) FL 15 (1963–2024) MN 14 (1999–2025) NY 13 (1979–2019) ME 12 (1977–2023) KS 12 (2012–2025) NM 11 (1985–2025) WA 11 (1980–2025) ID 11 (1977–2022) UT 9 (1991–2025) AZ 8 (1970–2025) IN 8 (1985–2023) IL 6 (1999–2017) PA 5 (1971–2018) AL 5 (1980–2016) MA 4 (1997–2025) HI 4 (2000–2006) NC 4 (1999–2006) CO 3 (2005–2026) MI 3 (2020–2026) TN 3 (1999–2024) ND 3 (1982–1987) DE 2 (2014–2018)

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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