HAMPTON, S.C. (WCBD) – Lawyers for Alex and Buster Murdaugh, members of a prominent South Carolina legal dynasty embroiled in scandals, have filed a motion opposing the recent freezing of their assets.
According to documents filed in a Hampton County court, the defense argues that “the Order (1) made no findings of facts to support the relief granted, (2) runs counter to well-settled South Carolina law, and (3) violates due process.”
The motion argues that South Carolina law requires three elements for a preliminary injunction to be granted– (1) that the plaintiff would suffer irreparable harm if the injunction is not granted; (2) that the plaintiff will likely succeed in the litigation; and (3) that the plaintiff has an inadequate remedy at law — yet the order freezing the Murdaughs assets “only addresses one of these three requirements.”
Lawyers for the Murdaughs also argue that the appointing of co-receivers is a “drastic remedy” and is unwarranted under the given circumstances.
They say “a receiver should only be appointed with ‘reluctance and caution’ and certainly only after a full and fair opportunity for a defendant against whom such relief is sought to fully present evidence opposing such relief.”
Further, the defense argues that the authorities of the co-receivers are overly broad, specifically the ability to sell Murdaugh assets, which the motion describes as unconstitutional.
The Murdaughs are requesting a hearing on the subject.
Editor’s note: This story is breaking and will be updated.