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View Diary: CEO Threatens A Lawsuit Against Progressive Blogger (176 comments)

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  •  No . . . (0+ / 0-)

    the South Carolina  unlawfully gave the case over to Alabama, after stating multiple times that jurisdiction rests in SC.

    Feel free to look all of this up, by the way. You probably can access the documents online if you are an attorney.

    •  So, now South Carolina 'unlawfully' decided (2+ / 0-)
      Recommended by:
      Adam B, DMiller

      it didn't have jurisdiction over a divorce action over two parties who were both living in Alabama?


      "[R]ather high-minded, if not a bit self-referential"--The Washington Post.

      by Geekesque on Thu Sep 29, 2011 at 04:34:02 PM PDT

      [ Parent ]

      •  Oy . . . (1+ / 0-)
        Recommended by:

        it might be time for you to consider a brain transplant. Both parties were not living in Alabama. Another example of your ignorance.

        When the case commenced, both parties lived in South Carolina. That's why jurisdiction was proper there.

        The case began in June 2001, in Greenville, S.C, where both parties lived. A SC court presided over the case for almost four full years before it essentially was stolen by an Alabama judge in March 2005.

        From a ruling by a SC judge in the case:

        "I find that the court has continuing and exclusive in personam jurisdiction over Plaintiff and Defendant, has jurisdiction over the subject matter of this action, and that venue is properly laid before this Court by reason of the divorce proceeding now pending before the Court and the prior Orders of which Plaintiff (Ms. Rollins) seeks enforcement."

        That was from SC Judge Robert N. Jenkins Sr. on 10/17/02. Of course, I'm sure that is Judge Jenkins' "uneducated opinion" regarding jurisdiction.

        On 11/12/02, Judge Jenkins issued a bench warrant for Ted Rollins arrest for failure to pay child support and alimony. Prior to that, Judge Jenkins held Mr. Rollins in contempt.

        Of course, these are "uneducated opinions" by Judge Jenkins.

        •  Did she move before the case was decided? (0+ / 0-)
          His ex wife, Sherry Carroll Rollins, lives in Alabama, my neck of the woods

          If the husband and wife both move from say South Carolina to Alabama, then it would be most convenient to move the case to Alabama.

          However, I would think that a wife getting a divorce or divorced wife generally can't move out of state with a child unless the court agrees.

          Once a filing fee is paid, the South Carolina court system isn't going to get more money out of the parties. If an Alabama court would take over, the South Carolina court might be glad to let it do so.  

          •  Single: (0+ / 0-)

            I cited the exact law that applies, and none of the issues you raise trump that. The wife was forced to move to Alabama, where she has relatives, after the husband failed to pay the mortgage and insurance on the house--as he had been ordered by the court. This was four years into the case in South Carolina. Jurisdiction can't be more settled under the law than that. The husband never moved to Alabama.

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