746 S.E.2d 54
S.C. Ct. App.2013Background
- Husband transferred substantial marital real estate into Simpson Farms, LLC; Wife filed for divorce in 2003 seeking equitable division including those assets.
- Family court’s Final Decree (2004) found Husband individually owned the subject properties, charged Husband only 50% for LLC-held assets, and awarded Wife 34% of the marital estate (including seven specific properties).
- This court in Simpson I affirmed the Final Decree’s property allocations and remanded only the fee issue; certiorari was denied.
- Wife later brought contempt proceedings when Husband/son failed to deliver three specific tracts (the "subject properties"). At contempt hearings Husband and Son argued the subject properties were titled to the LLC and thus not transferable by Husband alone.
- The family court issued a contempt order accepting the LLC-title argument, then on reconsideration reapportioned the marital property (effectively modifying the Final Decree). This cross-appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether family court had jurisdiction to modify Final Decree property division | Wife: court could enforce decree but not modify it; enforcement should yield Wife full relief | Husband/Son: court could modify because Husband could not comply due to LLC title | Court: family court lacked jurisdiction to modify property division; modifications were error |
| Whether Husband/Son could relitigate ownership at contempt hearing | Wife: ownership already litigated and affirmed on appeal (res judicata, law of the case) | Husband/Son: subject properties titled to LLC so Husband lacked power to transfer | Court: relitigation barred by res judicata and law of the case; Simpson I had affirmed individual ownership |
| Proper remedy to make Wife whole when decree cannot be specifically enforced | Wife: enforce Final Decree; require Husband, Son, and LLC to execute deeds; award fees for enforcement | Husband/Son: argue limitations based on LLC title; judicial estoppel as to Wife’s positions | Court: family court had equitable power to enforce decree; can order Husband, Son, and LLC to join in deed execution; judicial estoppel does not apply |
| Award of attorney’s fees for enforcement efforts | Wife: compensatory fees for prolonged enforcement efforts | Husband/Son: fees not warranted given family court findings | Court: remand fees for reconsideration because prior noncontempt finding was erroneous and fees may be compensatory |
Key Cases Cited
- Green v. Green, 327 S.C. 577, 491 S.E.2d 260 (Ct. App.) (family court may not modify property division in divorce decree)
- Swentor v. Swentor, 336 S.C. 472, 520 S.E.2d 330 (Ct. App.) (property apportionment order is final but may be enforced by family court)
- In re Sexton, 298 S.C. 359, 380 S.E.2d 832 (S.C.) (family court may apportion property titled in a third party if that party is joined)
- Richardson v. Richardson, 309 S.C. 31, 419 S.E.2d 806 (Ct. App.) (court may provide alternate relief to make aggrieved party whole when specific enforcement is impossible)
- Cothran v. Brown, 357 S.C. 210, 592 S.E.2d 629 (S.C.) (elements required for judicial estoppel)