Decisions from the South Carolina Supreme Court on 10/1/2014

scsctHorton v. Wescott Land Company involves an appeal from the Court of Appeals’ decision to grant the Respondent’s motion for summary judgment as to “…slander of title based on the court’s finding that the filing of a lis pendens is entitled to absolute privilege.”    The South Carolina Supreme Court affirmed the decision in part but also vacated the portion of the appellate court’s opinion that reached the novel issue of “…whether a lis pendens that is filed but does not comply with the time requirements of S.C. Code Ann. Section 15-11-10…is entitled to absolute privilege when alleging slander of title.” 

In the Matter of Goose Creek Municipal Court Judge Shirley Lydia Johnson allowed the South Carolina Supreme Court to accept an agreement between Johnson and the Office of Disciplinary Counsel.  This acceptance resulted in the Court’s issuing a public reprimand to Johnson.

Johnson had contacted the Magistrate’s office when her grandson’s Driving Under Suspension case came before the office.  When she initiated contact, Johnson identified herself as a judge.  She then sent in a money order to the office to pay her grandson’s fine even though her grandson had an attorney.

Johnson admitted that this conduct violated Canons 1 and 2 of the Code of Judicial Conduct and agreed to a public reprimand.

In the Matter of Eric Reed Martin involves the suspension of Martin from the practice of law for six months because of client neglect.  Martin admitted that his conduct violated the Rules of Professional Conduct, Rule 407, SCACR.

About Lisa Smith-Butler

Associate Professor of Law Charleston School of Law 385 Meeting St., Suite 322B Charleston, S.C. 29403 843.377.2144
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