Michael S. Gambrell, a South Carolina Legal Services attorney, received a jury verdict today (Monday, November 24, 2008) in a contested Magistrate Court trial that started Friday morning and ended today. The jury deliberated for one hour and ruled that a Mother and her 3 minor Children will remain in their home this Thanksgiving.
Some interesting notes about this case:
Mr. Gambrell, the attorney was personally served by the constable with this eviction action against the Mother. Mr. Gambrell decided under these circumstances to try the case even though this form of service is not in accordance with the laws of South Carolina. and
The property is HUD-subsidized and HUD-regulated housing, even though it is private property. Under Mr. Gambrell’s cross-examination, the landlord’s apartment manager openly admitted that the landlord had not followed HUD regulations in pursuing this eviction (i.e., no right to cure notice). The attorney moved for directed verdict, which the judge denied. The jury decided not to evict because the landlord had not followed HUD rules. The jury would not have heard a word about HUD regulations if not for Mr. Gambrell.
Kudos to Mr. Gambrell and SCLS!
And a very Happy Thanksgiving to the family who gets to stay in their home!