Court of Appeals Published Opinions -
October 2008
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.
10-7-2008 - Opinions
The Court of Appeals affirmed the trial court's denial of a motion for a directed verdict and a motion for a new trial. The appellant argued the evidence presented at trial supported the respondent's liability under the family purpose doctrine. The trial court found conflicting evidence was presented and sent the issue to the jury. The Court of Appeals agreed and, therefore, found no error in the trial court's rulings.
10-14-2008 - Opinions
4441 - Ardis v. Combined Insurance Company
In this Workers' Compensation action, the Court of Appeals affirmed a lump sum award and burial expenses to the decedent employee's beneficiaries, finding the employee's death arose in the scope and course of his employment. Because the employee died while sleeping in the hotel where the out-of-town seminar took place and the room was paid for and reserved by his employer, the fact that the seminar had ended several hours earlier that afternoon was not enough to take the employee's death outside the course of employment for purposes of compensation under the Workers' Compensation Act.
4442 - Buice v. WMA Securities, Inc.
Steeley Humphrey, and WMA Securities, Inc. (collectively Appellants) appeal the circuit court’s denial of their Motion to Dismiss, or in the Alternative, to Stay and Compel Arbitration in an action filed by Respondents Jerry and Anna Buice, Brenda Sprinkle, and Haley Nicole Smith Williams (collectively Investors). We affirm as modified.
4443 - South Carolina Department of Social Services v. Scott K.
This appeal arises from a family court order granting the South Carolina Department of Social Service’s request to order Nedra K. (Mother) and Scott K. (Father) to comply with a Treatment Plan. We reverse.
In this civil action initiated pursuant to the John Doe statute, should S.C. Code of Laws § 38-77-170 be inapplicable to the facts of this case even though an affidavit was not filed? Additionally, does the record include sufficient circumstantial evidence to create a jury issue in regard to negligence of the Respondent?
4445 - Baumann v. Long Cove Club Owners Association, Inc.
Appellants/Respondents appeal the trial court’s failure to find Long Cove Club Owners Association, Inc. (Long Cove) violated certain covenants and award them attorney’s fees. Additionally, Long Cove appeals the trial court’s failure to award it attorney’s fees. We affirm.
10-17-2008 - Opinions
4446 - Vista Antiques v. Noaha
This appeal concerns the circuit court’s ruling that Noaha, LLC, Luxomnia Corporation, Gary A. Anglin, Jr., Patrick F. Anglin, and Gary A. Anglin, Sr. breached the terms of a settlement agreement as read into open court by failing to make an unconditional tender of settlement. We reverse.
10-22-2008 - Opinions
This is a criminal matter in which Williams appeals his convictions of distribution of crack cocaine and distribution of crack cocaine within the proximity of a schoool, and his resulting sentence of life without the possibility of parole. Williams contends that (1) the trial court erred in refusing to allow the impeachment evidence of several of the confidential informant's prior convictions and (2) the trial court erred by sentencing him to life without parole in violation of his constitutional protection from cruel and unusual punishment.
In this criminal case, appellant appeals his convictions of murder, asssault and battery with intent to kill, and possession of a weapon during the commission of a violent crime asserting the trial court erred in refusing to instruct the jury (1) that prior knowledge a crime was to be committed is insufficient to establish guilt and (2) that mere association with a person who commits a crime is insufficient to establish guilt.
4449 - Sloan v. Greenville County
Greenville County appeals the trial court’s order striking down a portion of the previous county procurement code for being inconsistent with Section 11-35-50 of the South Carolina Code (2007). We vacate the trial court’s order and dismiss this case as moot.
10-23-2008 - Opinions
4450 - S.C. Coastal Conservation League v. S.C. Department of Health and Environmental Control
In this civil action, did the Administrative Law Court judge err by (1) concluding appellant failed to timely file a request for final review of a permit application before the DHEC Board pursuant to SC Code Ann. § 44-1-60(E) and (2) denying appellant’s motion to reconsider as untimely? In this appeal from the Administrative Law Court, the appellant contends the ALC judge erred by dismissing its contested case challenging SCDHEC’s grant of a permit to SCSPA for a marine cargo terminal and by denying its subsequent motion for reconsideration.
10-29-2008 - Opinions
In this criminal action, we determine whether the trial court erred in refusing to hold defendant established self-defense as a matter of law; whether the trial court erred in instructing the jury on voluntary manslaughter; whether the trial court, when instructing the jury on self-defense, properly charged the jury on curtilage, the duty to retreat and the right to act on appearances; and whether the trial court’s “illustration” of voluntary manslaughter during the jury charge was an improper comment on the facts of the case.
In this family law action Husband appeals the family court's decision not to terminate his obligation to pay Wife alimony. Wife appeals the family court's decision not to award her attorney's fees. We affirm in part, reverse in part, and remand.
10-30-2008 - Opinions
4453 - South Carolina Department of Social Services v. Lisa C.
Father appeals the family court’s admission of various hearsay statements of Child during a Department of Social Services intervention case. We reverse and remand for a new trial.