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Apparent Authority Liability – How “appearances” can invite an unwelcome lawsuit

October 27th, 2014

No Comments, Uncategorized, by casesolutions.
In most cases of tort liability, the owner or his employees either did something negligently or failed to do something that they should have done that resulted in injuries to a third person. Often overlooked or misunderstood are instances where “appearances” by someone other than an employee resulted in liability to the owner or operator of a golf facility. As a general rule, the owner is liable when an employee, because of a lack of due care, causes injuries to a third person, wherein if the injuries were caused by an...

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29-year-old woman chooses Death with Dignity

October 8th, 2014

No Comments, Elder Law, Estate Planning, by Brittney F. Jones.
While scanning through news articles this week I was brought to a halt by headlines describing a 29-year-old woman who has scheduled her death for November 1, 2014. Brittany Maynard, 29, has been diagnosed with a stage 4 glioblastoma brain tumor, a terminal condition which causes extremely painful and debilitating headaches and seizures. Brittany's diagnosis came with the doctors' prediction that she would have a few months to live before the tumor slowly and painfully took her life. Thereafter, Brittany, her husband and her family began to carefully consider how she...

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20 Things Your HOA Board Should Do Every Year

September 25th, 2014

No Comments, Community Associations, by Floyd Law Firm.
  1. BANK ACCOUNTS: Who are the authorized signers on the HOA’s Accounts? If they are not current, change them.
  2. BUDGET: Send all members a budget presentation (expenses and income categories) with last year’s proposed budget, last year’s actual budget, and this year’s proposed budget.
  3. RESERVES: Update the replacement reserve schedules for 5 years, 10 years, and 20 years.
  4. SAVINGS: Evaluate the HOA’s savings program and investment plans. Time for a change?
  5. LIENS/LOANS: Is the HOA paying off a loan? Are there any liens against the common areas – e.g. mechanic’s liens, deeds of trust liens,...

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Calls for HOA Legislation Become Louder

August 13th, 2014

No Comments, Community Associations, by Floyd Law Firm.
Over the last several years, the South Carolina Legislature has examined proposals for substantial changes to state law regarding the administration of Homeowners Associations. Each legislative session has ended with no final bill being passed and submitted to the Governor for approval. However, it appears that wave of public demands for change is putting pressure on legislators to act on this issue in the upcoming session. Recently, the Sun News of Myrtle Beach ran an article outlining the concerns being expressed by homeowners, and the pressure being felt by the Horry...

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Basic differences in the nature and objectives of Private Clubs and Public Golf Facilities

July 28th, 2014

No Comments, Golf Law, by casesolutions.
Many of the Golf Professionals in our Section work in private country clubs that operate as non-profit mutual benefit corporations rather than business corporations. A lack of understanding of the differences between the two types of entities could limit the effectiveness of the Golf Professional in his working relationship with the governing body at his or her golf facility. A business corporation operates to maximize profits and to economically benefit shareholders. The object of mutual benefit non-profit corporations such as the Carolinas Section of the PGA and private country clubs...

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The Floyd Law Firm Names Collin Jewell Partner and Shareholder

July 10th, 2014

No Comments, Criminal Law, Important Articles, Newsletter, Personal Injury, Press Releases, by casesolutions.
The Floyd Law Firm, one of South Carolina’s long standing, leading legal offices, has named Collin Jewell as their newest Partner and Shareholder located in the Surfside Beach office. Collin has been a valued asset and leader to the Floyd Law Firm team since 2010, managing a substantial part of the Firm’s criminal, civil and personal injury workload. Jewell is a graduate of the Charleston School of Law and earned his Bachelor of Business Administration degree with an emphasis in business law from Stetson University in DeLand, FL. He is an active member...

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Do-It-Yourself legal documents: buyer beware

July 10th, 2014

No Comments, Elder Law, Estate Planning, Helpful Tips, by Brittney F. Jones.
As an estate planning attorney, I often get questions from clients and their families about do-it-yourself legal documents. We've all heard of these websites that sell fill-in-the-blank "user friendly" legal forms for things like Wills, Powers of Attorney, Living Wills, Five Wishes, Real Estate Contracts, Leases, LLC Formation, etc. And the questions I get are always the same: "Why should I pay an attorney hundreds of dollars for something I can get for $19.95 online and fill in myself? They even have a South Carolina specific form. Isn't this good...

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The Implications of Inherited IRAs in Chapter 7 Bankruptcy

July 7th, 2014

No Comments, Uncategorized, by Floyd Law Firm.
Last month the US Supreme Court decided Clark v. Rameker, which has far reaching implications for debtors who file a Chapter 7 bankruptcy and seek to exempt inherited IRAs from creditors. The Court was asked to decide if Congress intended for an inherited IRA to be exempt using the “retirement funds” exemption under U.S.C. § 522(b)(3)(C). The Court held that IRAs inherited by someone other than a spouse cannot be considered “retirement funds”, because beneficiaries cannot invest additional money or delay distributions until retirement. In the case at hand,...

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Deferred Action for Childhood Arrivals (DACA)

June 23rd, 2014

No Comments, Immigration Law, by casesolutions.
Deferred Action for Childhood Arrivals (DACA): The DACA Renewal Process    On June 5, 2014, the Secretary of Homeland Security, Jeh Johnson, released the process individuals must utilize in order to renew their enrollment in the DACA program.   WHAT IS DACA? Under DACA, certain people who entered the United States as children and meet a number of other criteria may apply for deferred action for a two-year period, which may be renewed.  Such individuals are also eligible for work authorization.  The DACA program essentially utilizes prosecutorial discretion to defer deportation and removal actions against individuals...

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To Sell or Not to Sell?: That may not be your choice!

June 18th, 2014

No Comments, Community Associations, by T. Jarrett Bouchette.
There are a number of factors to consider when purchasing a new property, especially a condo. Is this a good location? Is the association adequately funded? Are there any special assessments scheduled? Are the structures of the building in good condition? Probably not a consideration however is whether or not you may be forced to sell the unit, even if you don’t want to. In Florida, residents of a condo project found themselves in the position of being forced to sell their condo, which they lived in and desired to keep,...

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