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Court of Appeals Published Opinions - June 2013

Note: Beginning in June 2012, opinions will be posted as Adobe PDFs. You can download a free copy of Adobe Reader here.

The summary following each opinion is prepared to offer lawyers and the public a general overview of what a particular opinion decides. The summary is not necessarily a full description of the issues discussed in an opinion.

6-5-2013 - Opinions

5139 - H&H of Johnston v. Old Republic

In this appeal arising out of a real estate transaction, H&H of Johnston, LLC (H&H) argues the circuit court erred in granting Henry Bufkin and Old Republic National Title Insurance Co.'s (Old Republic) summary judgment motions. H&H contends (1) Bufkin's agreement to provide H&H with title insurance coverage was not the practice of law requiring an expert witness affidavit under section 15-36-100(B) of the South Carolina Code (Supp. 2012), and (2) Bufkin made an oral contract with H&H at closing for coverage as to three adverse claims.

5140 - Bank of America v. Draper

In this mortgage foreclosure action, Todd Draper and Matthew H. Henrikson appeal the master-in-equity's granting summary judgment to Bank of America (the Bank), arguing the Bank lacked standing because it did not own the loan but was the servicer of the loan. We affirm in part, reverse in part, and remand.

6-12-2013 - Opinions

5095 - Town of Arcadia Lakes v. SCDHEC

The Town of Arcadia Lakes and various individuals challenge a decision by the Administrative Law Court upholding the authorization by the South Carolina Department of Health and Environmental Control of coverage to Respondent Roper Pond, LLC, for certain land-disturbing activities under a State General Permit.

5141 - Graham v. Welch, Roberts and Amburn

David M. Graham, Jr. appeals the circuit court's order entering summary judgment for Welch Roberts and Amburn, LLP, and Russell Patrick Welch based on its finding that Graham's claims were barred by the applicable statute of limitations. Graham contends the circuit court erred in failing to present the issue of when the statute of limitations period began to the jury. We affirm.

5142 - Hembree v. One Thousand Eight Hundred Forty-Seven Dollars

Michaela Albin, as personal representative for the estate of Michael J. Albin , appeals the circuit court's order (1) ordering the forfeiture of his motor home pursuant to section 44-53-520(a)(3) and (4) of the South Carolina Code (2002), (2) finding that his failure to appeal the denial of his summary judgment motion rendered it the "law of the case", and (3) dismissing his counterclaim for conversion. We affirm in part and reverse in part.

5143 - Carlson v. SC State Plastering

Del Webb Communities, Inc. (Del Webb) and Pulte Homes, Inc. (Pulte) appeal the circuit court's order denying their motion to compel arbitration based on its finding that they waived any right to arbitration. We reverse.

6-19-2013 - Opinions

5144 - Hamilton v. Martin Color-Fi

Emma Hamilton appeals the order of the Workers' Compensation Commission's Appellate Panel (Appellate Panel) arguing the Appellate Panel erred in finding (1) her employer terminated temporary total disability benefits in compliance with statutory requirements, (2) she had reached maximum medical improvement (MMI), (3) she recieved the neccessary medical treatment to lessen her period of disability, (4) she was not a credible witness, and (5) the award for permanent partial disability to her arm was appropriate. We affirm.