Taxation & Estate Planning

Greenville Estate Lawyer: ?S.C. Supreme Court Issues Decision on Jury Trials?

By Christopher L. Miller

In Verenes v. Alvanos, (Op. No. 26780, S.C. Supreme Court, filed March 1, 2010), the South Carolina Supreme Court took up the right to jury trial in Probate Court. The case involved claims made against a trustee for breach of fiduciary duty of care, breach of fiduciary duty of loyalty, and for an accounting.The various reliefs requested were for surcharge of the trustee, disgorgement of commissions and profits, and for an account. The trustee sought a trial by jury, the probate court denied his request. Here’s why.

The U.S. and S.C. Constitutions hold the right to jury trial in high esteem, the right is a fundamental one. However, you are not entitled to a jury trial in all cases. The right to trial by jury attaches to actions at law. However, the right to trial by jury does not attach in cases in equity. An action at law is typically a case for money damages. An action for a breach of fiduciary duty is typically an action in equity, however, the court notes that it has been held that an action for breach of fiduciary duty could also be an action at law.

How do you draw the distinction? The Court looks to the remedies requested. In this case, the remedies sought included surcharge, disgorgement, and an accounting. These remedies fall squarely within the equity jurisdiction. Equity jurisdiction does not support a request for a jury trial. Thus, no right to a jury trial for the appellant here.  

Full post as published by Res Publicae - The New York Estates Blog on March 08, 2010 (boomark / email).