Court of Appeals Published Opinions -
December 2014
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.
12-3-2014 - Opinions
5281 - The Greens of Rock Hill v. Rizon Commercial Contracting
Rizon Commercial Contracting, Inc. appeals the circuit court's order vacating its mechanic's liens and dismissing its counterclaim for foreclosure. We find the circuit court erred in determining as a matter of law that Rizon was not a "laborer" that performed work "for the improvement of real estate" under subsection 29-5-20(A) of the South Carolina Code (2007). We reverse and remand for foreclosure proceedings.
5282 - McMaster v. John H. Dewitt
Joseph D. McMaster brought a medical malpractice claim against John H. Dewitt, M.D. and Carolina Psychiatric Services, P.A. based on Dr. Dewitt's alleged negligence in overprescribing McMaster the drug Adderall. The circuit court granted summary judgment for both defendants, finding the statute of limitations barred McMaster's claim. We affirm.
12-17-2014 - Opinions
Arthur Smith appeals his conviction for first-degree criminal sexual conduct with a minor, arguing the trial court erred in allowing: (1) testimony of the forensic interviewer regarding Smith's identity; (2) testimony of the State's expert regarding the relationship between the length of delay in disclosure and the credibility of the disclosure; and (3) the victim to refresh his recollection by reading his testimony from Smith's previous trial when the previous trial was tainted by in-court coaching, which led to the grant of a new trial after Smith's first conviction.
The Horry County Zoning Board of Appeals appeals the circuit court's order reversing the Board's determination regarding the building of a hospice facilty in an area zoned Commerical Forest Agricultural. We reverse.
12-23-2014 - Opinions
The magistrate court dismissed Bailey Taylor's charge for driving under the influence (DUI) because the required video recording of the incident site omitted Taylor from view for a period of time while the arresting officer repositioned his vehicle. The State appealed the circuit court's upholding of this dismissal. We reverse and remand.
The State seeks review of a circuit court order granting Respondent Graham Franklin Douglas immunity from prosecution for murder and possession of a weapon during the commission of a violent crime pursuant to the Protection of Persons and Property Act, S.C. Code Ann. ยง 16-11-410 to -450 (Supp. 2013). We affirm.