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7 South Carolina opinions name it 2 courts 2011–2023 1 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.
| Case | Followed | Cited |
|---|---|---|
Momani v. Surdamgreen2 sentences2023It is black letter law that "[a] judgment is void if a court acts without personal jurisdiction." BB & T v. Taylor, 369 S.C. 548, 551 , 633 S.E.2d 501, 503 (2006); see also Belle Hall Plantation Homeowner's Ass'n v. Murray, 419 S.C. 605, 618 , 799 S.E.2d 310, 317 (Ct. App. 2017) (finding the master-in-equity properly granted the respondent's Rule 60(b)(4) motion because the appellant never received notice of the action and the master never had personal jurisdiction over the appellant); Momani v. Van Surdam, 296 S.C. 409, 410 , 373 S.E.2d 691, 691-92 (Ct. App. 1988) (reversing an order dismissi 2023It is black letter law that "[a] judgment is void if a court acts without personal jurisdiction." BB & T v. Taylor, 369 S.C. 548, 551 , 633 S.E.2d 501, 503 (2006); see also Belle Hall Plantation Homeowner's Ass'n v. Murray, 419 S.C. 605, 618 , 799 S.E.2d 310, 317 (Ct. App. 2017) (finding the master-in-equity properly granted the respondent's Rule 60(b)(4) motion because the appellant never received notice of the action and the master never had personal jurisdiction over the appellant); Momani v. Van Surdam, 296 S.C. 409, 410 , 373 S.E.2d 691, 691-92 (Ct. App. 1988) (reversing an order dismissi | 1 | 1 |
Belle Hall Plantation Homeowner's Ass'n v. Murraygreen2 sentences2023It is black letter law that "[a] judgment is void if a court acts without personal jurisdiction." BB & T v. Taylor, 369 S.C. 548, 551 , 633 S.E.2d 501, 503 (2006); see also Belle Hall Plantation Homeowner's Ass'n v. Murray, 419 S.C. 605, 618 , 799 S.E.2d 310, 317 (Ct. App. 2017) (finding the master-in-equity properly granted the respondent's Rule 60(b)(4) motion because the appellant never received notice of the action and the master never had personal jurisdiction over the appellant); Momani v. Van Surdam, 296 S.C. 409, 410 , 373 S.E.2d 691, 691-92 (Ct. App. 1988) (reversing an order dismissi 2023It is black letter law that "[a] judgment is void if a court acts without personal jurisdiction." BB & T v. Taylor, 369 S.C. 548, 551 , 633 S.E.2d 501, 503 (2006); see also Belle Hall Plantation Homeowner's Ass'n v. Murray, 419 S.C. 605, 618 , 799 S.E.2d 310, 317 (Ct. App. 2017) (finding the master-in-equity properly granted the respondent's Rule 60(b)(4) motion because the appellant never received notice of the action and the master never had personal jurisdiction over the appellant); Momani v. Van Surdam, 296 S.C. 409, 410 , 373 S.E.2d 691, 691-92 (Ct. App. 1988) (reversing an order dismissi | 1 | 1 |
BB & T v. Taylorgreen2 sentences2023It is black letter law that "[a] judgment is void if a court acts without personal jurisdiction." BB & T v. Taylor, 369 S.C. 548, 551 , 633 S.E.2d 501, 503 (2006); see also Belle Hall Plantation Homeowner's Ass'n v. Murray, 419 S.C. 605, 618 , 799 S.E.2d 310, 317 (Ct. App. 2017) (finding the master-in-equity properly granted the respondent's Rule 60(b)(4) motion because the appellant never received notice of the action and the master never had personal jurisdiction over the appellant); Momani v. Van Surdam, 296 S.C. 409, 410 , 373 S.E.2d 691, 691-92 (Ct. App. 1988) (reversing an order dismissi 2023It is black letter law that "[a] judgment is void if a court acts without personal jurisdiction." BB & T v. Taylor, 369 S.C. 548, 551 , 633 S.E.2d 501, 503 (2006); see also Belle Hall Plantation Homeowner's Ass'n v. Murray, 419 S.C. 605, 618 , 799 S.E.2d 310, 317 (Ct. App. 2017) (finding the master-in-equity properly granted the respondent's Rule 60(b)(4) motion because the appellant never received notice of the action and the master never had personal jurisdiction over the appellant); Momani v. Van Surdam, 296 S.C. 409, 410 , 373 S.E.2d 691, 691-92 (Ct. App. 1988) (reversing an order dismissi | 1 | 1 |
Barron v. Labor Finders of SCgreen2 sentences2015Notwithstanding the fact that Donevant was fired for refusing to violate the law, she also presented a cognizable claim that she was terminated “in violation of a clear mandate of public policy.” Barron, 393 S.C. at 614 , 713 S.E.2d at 637 (stating “[a]n at-will employee has a cause of action in tort for wrongful termination where there is a retaliatory termination of the at-will employee in violation of a clear mandate of public policy” (internal quotation marks omitted)). 2015Notwithstanding the fact that Donevant was fired for refusing to violate the law, she also presented a cognizable claim that she was terminated “in violation of a clear mandate of public policy.” Barron, 393 S.C. at 614 , 713 S.E.2d at 637 (stating “[a]n at-will employee has a cause of action in tort for wrongful termination where there is a retaliatory termination of the at-will employee in violation of a clear mandate of public policy” (internal quotation marks omitted)). | 1 | 1 |
Estelle v. Gamblegreen1 sentence2011"In order to state a cognizable claim, a prisoner must allege acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs." Id. at 106. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in South Carolina. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Byrd v. Irmo High School
green
2 sentences2016The trial court denied the motion to dismiss in a form order stating: “As this is a novel issue of law[,] motions to dismiss are inappropriate at this time under Byrd v. Irmo [High School, 321 S.C. 426 , 468 S.E.2d 861 (1996)]. 2016The trial court denied the motion to dismiss in a form order stating: “As this is a novel issue of law[,] motions to dismiss are inappropriate at this time under Byrd v. Irmo [High School, 321 S.C. 426 , 468 S.E.2d 861 (1996)]. | 2 | 2016–2016 |
Ashburn v. Apr. Rogers & S.C. Dep't of Soc. Servs. Child Support Div.
green
2 sentences2023If Williams was not validly served with process in the underlying action establishing paternity and child support, he would plainly have a cognizable claim for relief— whether it is styled as relief under Rule 60, SCRCP, or a request for relief in an "independent action." See Ashburn v. Rogers, 420 S.C. 411 , 416 n.1, 803 S.E.2d 469 , 471 n.1 (Ct. App. 2017) (explaining a party may obtain relief from final judgment by motion or by independent action). 2023If Williams was not validly served with process in the underlying action establishing paternity and child support, he would plainly have a cognizable claim for relief— whether it is styled as relief under Rule 60, SCRCP, or a request for relief in an "independent action." See Ashburn v. Rogers, 420 S.C. 411 , 416 n.1, 803 S.E.2d 469 , 471 n.1 (Ct. App. 2017) (explaining a party may obtain relief from final judgment by motion or by independent action). | 1 | 2023–2023 |
Miller v. Alabama
green
1 sentence2020On appeal, the State argues the circuit court erred in granting Mack's motion for resentencing because (1) Mack was not entitled to resentencing as he received a term-of-years sentence and will be released when he finishes it; (2) Mack's sentence was not a de facto life sentence and the trial court deviated from existing precedent to create a cognizable claim under Miller v. Alabama, 567 U.S. 460 (2012); and (3) by their plain language, Miller and Aiken apply only to juvenile offenders sentenced to actual sentences of life without parole (LWOP) and Mack is not a member of that class. | 1 | 2020–2020 |
Strickland v. Washington
green
2 sentences2016Specifically, the judge held: (1) the 2011 Application was barred by the one-year statute of limitations as it was filed more than five years after Petitioner’s direct appeal was dismissed on June 22, 2005 and the appointment of original PCR counsel on September 23, 2005; (2) the 2011 Application was impermissibly successive because an allegation that original PCR counsel were ineffective is not a sufficient reason to allow a successive PCR application; (3) Petitioner waived his right to challenge whether his original PCR counsel were statutorily qualified by failing to object to lead counsel’ 2016Specifically, the judge held: (1) the 2011 Application was barred by the one-year statute of limitations as it was filed more than five years after Petitioner’s direct appeal was dismissed on June 22, 2005 and the appointment of original PCR counsel on September 23, 2005; (2) the 2011 Application was impermissibly successive because an allegation that original PCR counsel were ineffective is not a sufficient reason to allow a successive PCR application; (3) Petitioner waived his right to challenge whether his original PCR counsel were statutorily qualified by failing to object to lead counsel’ | 1 | 2016–2016 |
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.