Wednesday, October 4, 2023
In this contract action appeal filed by Shem Creek Development Group, LLC (Shem Creek) against the Town of Mount Pleasant, South Carolina (the Town), the Town appeals, arguing the circuit court erred in (1) awarding liquidated damages to Shem Creek; (2) failing to find any liquidated damages provision in the contract constituted an unenforceable penalty; and (3) denying the Town's motion to compel certain financial records.
Ricky Manigo Dawson appeals his convictions of trafficking cocaine, third offense; possession with intent to distribute crack cocaine, third offense; and possession of a weapon during the commission of a violent crime and sentences to an aggregate of twenty-five years' imprisonment. On appeal, Dawson argues the trial court erred by denying his motion to suppress evidence of the drugs seized pursuant to a warrantless search.
Tuesday, October 3, 2023
The State appeals the circuit court's reversal of Tyrone Anderson's magistrate's court conviction for driving under the influence (DUI) and dismissal of the charge. On appeal, the State argues the circuit court erred because it presented evidence to establish each element of DUI and that evidence independently corroborated Anderson's admission of driving such that it satisfied the corpus delicti rule.
B & B Crane Service, LLC, appeals a circuit court order enforcing a forum selection clause and dismissing its case against Iron Planet, Inc.
In this declaratory judgment action, Brandon Lawrence appeals the trial court's order finding that Progressive Northern Insurance Co. made a valid, meaningful offer of underinsured motorist coverage to his agent, Ashley Outlaw.
Thursday, September 14, 2023
In this post-conviction relief (PCR) action, the State appeals an order of the PCR court granting James Carrier a new trial on the charge of lewd act upon a child. The State argues that the PCR court erred in concluding that Carrier was entitled to a new trial due to trial counsel's failure to present evidence in support of his motion to quash the indictment because the indictment provided Carrier with sufficient notice of his charge and was facially valid. The State also argues that the PCR court erred in concluding that the incorrect witness name on the indictment constituted a structural error.
In this medical malpractice action, Appellants Anita and James Chabek seek review of the circuit court's order granting summary judgment to Respondents AnMed Health and Larry Davidson, MD. Appellants argue the circuit court erred in concluding that Anita's medical negligence claim was barred by the statute of limitations because her injuries were not apparent following surgery and Dr. Davidson assured Anita that her post-operative complications were normal. Appellants also argue the circuit court erred in ruling as a matter of law that Dr. Davidson had no duty to disclose his alcohol abuse relapse in order to obtain informed consent for Anita's surgery because she submitted an expert opinion stating that a reasonable physician would have made such a disclosure.
Thomas Contreras appeals an order from the Appellate Panel of the South Carolina Workers' Compensation Commission (the Appellate Panel) awarding him single member disability to the right shoulder. On appeal, Contreras argues the Appellate Panel erred by making a single member disability award when the evidence showed his disability should have been awarded under the loss of earnings capacity statute.
Wednesday, September 13, 2023
Temisan and Ijeoma Etikerentse appeal the circuit court's order granting summary judgment on their claims for breach of contract, SCUPTA, and declaratory judgment against Specialized Loan Servicing, LLC (SLS) - the loan servicer on their mortgage. They contend the circuit court lacked jurisdiction to grant summary judgment because the Consumer Finance Protection Bureau had entered a consent order with SLS requiring it to take certain actions. They also maintain their claims were properly brought as derivative claims under Rule 14, SCRCP.
In this declaratory judgment action, Appellant Elizabeth Pope Knott Dross (Betsy) seeks review of the circuit court's order granting partial summary judgment to Respondent Susan Brooks Knott Floyd (Susan). Betsy argues the circuit court erred in concluding that a conservation easement created a right for Susan to use the roads on Betsy's parcel to access Susan's parcel.
In this declaratory judgment action, the Insurance Reserve Fund, a Division of the State Fiscal Accountability Authority of South Carolina (the Fund), appeals an order of the master in equity finding in favor of the insured, Renewable Water Resources (ReWa), and awarding damages. The Fund argues the master erred by (1) finding coverage and making an award for covered loss under the insurance agreement's Building and Personal Property provision; (2) wrongly interpreting and applying government permits and regulations; (3) failing to make specific factual findings of fact and conclusions of law; (4) relying on improperly admitted summary exhibits; (5) failing to consider the policy's per-occurrence deductible; and (6) denying the Fund's new trial motion.
Doretta McHugh, personal representative of the Estate of Daniel Coy, appeals a jury verdict in favor of John Doe, an unidentified driver who left the scene of the accident. McHugh argues the circuit court erred in (1) admitting evidence of Decedent's pre-existing condition, and (2) denying the Estate's motions for a directed verdict and for judgment notwithstanding the verdict.
Scott Hess appeals an order issued by the Administrative Law Court (ALC) dismissing his petition for judicial review of a final decision of the Law Enforcement Training Counsel of the South Carolina Criminal Justice Academy based on his failure to file and serve a brief within the time allotted by the ALC Rules.
Tuesday, September 12, 2023
Jefferson Davis, Jr., appeals the circuit court's decision that his case against several defendants was duplicative of a prior similar suit and dismissing the case on that basis.
In this domestic matter, John W. Gandy, Jr. (Father) appeals an order of the family court, arguing the family court erred in (1) awarding Catherine C. Gandy (Mother) primary custody of the parties' children and (2) awarding Mother alimony.
James Rutledge Carson, III (Husband) appeals the family court's decree of divorce and order approving agreement, which adopted and incorporated a settlement agreement executed by him and Kirsten Leigh Carson (Wife). On appeal, Husband argues the family court lacked jurisdiction to enter an order adjudicating any issues in the case after he voluntarily dismissed the action pursuant to Rule 41(a)(1)(A), SCRCP.
Andrew Desilet (Husband) appeals a family court order sentencing him to six months' imprisonment for violating a contempt order by directly contacting Amanda Desilet (Wife). On appeal, Husband argues the family court erred because (1) it applied the incorrect burden of proof, (2) the record lacked evidentiary support for its finding, and (3) the method and procedure of the contempt hearing violated his due process rights.
Monday, September 11, 2023
The circuit court granted a summary judgment in this legal malpractice case on the grounds that the suit was barred by the statute of limitations. Charleston Laboratories, Inc. (the plaintiff below), appeals that decision.
Christopher Clampitt (Husband) appeals the family court's order finding him in contempt of a temporary order and awarding attorney's fees and costs to Stacey Clampitt (Wife). 2021-000909 Christopher Clampitt (Husband) appeals the family court's final order arguing on appeal that the family court erred in (1) its division of the marital assets and debts, (2) failing to award week to week custody of the parties' minor children, and (3) awarding Stacy Clampitt (Wife) $6000 per month in permanent periodic alimony. In addition, Husband argues that because this court should reverse the family court's findings on these issues, we must also reverse the family court's award of attorney's fees to Wife.
Thursday, August 17, 2023
In this declaratory judgment action, the South Carolina Department of Employment and Workforce (DEW) appeals the circuit court's orders granting judgment in favor of named plaintiffs Archie Patterson and Tammie Bollerman (collectively, Claimants), arguing the circuit court erred by (1) certifying a class, (2) failing to require a claims-made process, (3) declaring DEW was required to promulgate regulations implementing its online work search requirement, and (4) concluding Claimants were not required to exhaust their administrative remedies prior to bringing this action.
Thursday, June 15, 2023
Vista Del Mar Condominium Association (the Association) and the individual unit owners (Unit Owners) of the Vista Del Mar Horizontal Property Regime (the Regime) (collectively, Appellants) appeal the circuit court's order granting summary judgment to Atlantic Development Company and Atlantic Coast Funding, LLC (Respondents), quieting title in Respondents to a 2.58-acre tract (the Property) that had been a part of the Regime, and declaring Respondents have a valid easement (Access Easement) that runs with the title to the Property. On appeal, Appellants argue the circuit court erred in upholding the removal of the Property from the Regime, because (1) the removal of the Property, which was a common area, was a violation of the Horizontal Property Act (the Act); and (2) the developer, Vista Del Mar, LLC (Developer), no longer had authority to take any action concerning the Regime at the time of the removal. In addition, Appellants argue the Developer did not have authority to grant an easement over Regime property.
Thursday, June 8, 2023
Lutavious Denard Elmore appeals his convictions for murder, first degree burglary, and possession of a weapon during the commission of a violent crime. Elmore argues his due process rights were violated by certain comments made by the trial court. He also argues the trial court erred by refusing to charge the jury on the lesser included offense of voluntary manslaughter.
In this conversion action, Appellant Family Services, Inc., as Conservator for Muriel W. Clarkin (Conservator), appeals the circuit court's order dismissing Respondent Muriel C. Kennedy (Daughter 1) as a defendant and striking two paragraphs from Conservator's amended complaint. Conservator argues dismissal of Daughter 1 pursuant to Rule 12(b)(6), SCRCP, was improper because the allegations of the amended complaint stated valid claims for relief. Conservator also argues the circuit court's basis for striking material from the amended complaint was an improper evidentiary ruling.
Wednesday, June 7, 2023
In this action, Appellants James Marlowe and Lori Marlowe appeal the circuit court's order granting Respondent South Carolina Department of Transportation (SCDOT)'s motion for summary judgment. Appellants argue summary judgment was inappropriate because (1) the SCDOT's negligence was a question for the jury; (2) the acts performed by the SCDOT were sufficient to support a finding of inverse condemnation; and (3) the Stormwater Management and Sediment Reduction Act does not apply.
In this appeal from the administrative law court (the ALC), Dr. Agnes Slayman argues the ALC erred in affirming the South Carolina Department of Education's (the Department) issuance of a public reprimand against her.
In this action against Piedmont Glass & Mirror Co., Inc. (Piedmont), Julie Taylor, David Taylor, and Carolina Storefront Systems, Inc. (Respondents), David Lynn O'Shields appeals, arguing the circuit court erred in (1) applying the Statute of Frauds to find he was not a partner or shareholder; (2) failing to find Respondents were equitably estopped from asserting the Statute of Frauds; (3) applying a statute of limitations; (4) failing to find he was oppressed as a shareholder; and (5) failing to find Carolina Storefront Systems, Inc. is a successor corporation of Piedmont.
Ryan Cook appeals an order from the appellate panel of the workers' compensation commission reversing the single commissioner's award and denying his claim. Cook argues the appellate panel erred in failing to liberally construe the Workers' Compensation Act in favor of coverage; declining to find Cook was a statutory employee; failing to find Cook's admitted accident arose out of and in the course of his employment under the premises rule; and analyzing the "going and coming" rule.
Kaci May appeals the circuit court's order denying injunctive relief, arguing the court erred in finding she did not establish a likelihood of success on the merits; finding section 63-7-920 of the South Carolina Code was not limited by May's constitutional rights; finding May failed to show irreparable harm; and concluding May would have adequate remedy at law for any alleged harm resulting from any future interviews.
Tuesday, June 6, 2023
In this action for post-conviction relief (PCR), Robin Reese appeals the PCR court's rulings that she was not prejudiced by her trial counsel's failure to object to Reese being shackled before the jury and that her trial counsel was not ineffective for for failing to object to a police officer's testimony that in his opinion "everyone involved in this case was guilty" and the police had to sort out the "principal parties."
In this cross-appeal, Skip Hoagland appeals the trial court's order holding him in contempt for violating a court order requiring him to not comment on the defamation action brought against him by Town of Hilton Head Island Council member, Kim Likins. Likins appeals the trial court's decision denying her request for an injunction prohibiting Hoagland from interfering with her employment with the local Boys and Girls Club.
James Tegeler claims Northgate Baptist Church improperly terminated his employment as music director due to the allegedly defamatory reports of Daughter, Mother, and Grandmother. He argues the circuit court erred in (1) dismissing his claims for defamation, intentional infliction of emotional distress, and negligent infliction of emotional distress; (2) granting summary judgment and/or dismissing his claims against the Church; and (3) denying him the opportunity to amend his complaint.
In this action to recover on a promissory note, Paul Cromer appeals the findings of the master-in-equity, arguing the master erred by (1) allowing allegations of tortious misconduct to supplant evidence of contractual intent, (2) refusing to grant Cromer credit for bad debt losses, and (3) finding the statute of limitations prevented calculation of the amount due under the note.
This case is about whether a lessee exercised its option to renew a lease in a timely manner when the lease provided that notice of renewal was effective upon the lessor's receipt of the notice.
Monday, June 5, 2023
This case arises out of Melissa Dixon and Willard Dixon's lawsuit alleging the home they purchased from Lansing Pattee and Stephanie Pattee was defective; Weekley Homes, LLC constructed the home. Weekley Homes appeals the circuit court's denial of its motion to compel arbitration. It contends the Pattees' purchase agreement with it involved interstate commerce, which the agreement explicitly stated, and provided the Federal Arbitration Act (FAA) would apply.
Bravo Media Productions, LLC, Haymaker Media, Inc., NBCUniversal Media, LLC, Comcast Corporation, Craig Conover, Chelsea Meissner, and Madison LeCroy (Appellants) appeal the circuit court's Form 4 Order denying their motion to dismiss Joseph Abruzzo's amended complaint and compel arbitration.
In this appeal from an order denying a motion for attorneys' fees and costs, Aerotek argues the trial court erred (1) by holding Aerotek had an obligation to plead its entitlement to attorneys' fees and that it did not sufficiently do so in its answer and (2) by holding Aerotek did not authenticate an employment agreement.
Thursday, May 11, 2023
The City of Folly Beach, Coastal Conservation League, Save Folly Beach, Inc., John Collins, Matt Napier, Paula Stubblefield, Troy Bode, and Carol Kruer (Appellants) appeal the Master in Equity's dismissal of their declaratory judgment action in which they sought a determination that the boundary between public and private property on oceanfront property on Folly Beach is the high water line as it existed before latest beach renourishment in 2018 and that the State of South Carolina owns portions or all of certain super-beachfront lots and an injunction prohibiting development of these lots. On appeal, Appellants argue the circuit court erred in finding (1) they did not have standing to present their claims to the court; (2) they failed to allege a viable cause of action; and (3) they failed to name indispensable parties to the case and dismissing the case rather than considering another possible remedy.
Evolve Softworks, LLC's ("Evolve") appeals the circuit court's dismissal of its action for breach of a guaranty agreement against Anthony Burkett. On appeal, Evolve argues (1) the statute of limitations had not expired; (2) the guaranty was supported by sufficient consideration; (3) the circuit court erred in refusing to allow it the opportunity to amend its complaint.
Tuesday, May 9, 2023
David Benjamin seeks reversal of the order denying post-conviction relief from his sentences for one count of murder and two counts of attempted murder. He claims counsel was ineffective for failing to effectively utilize the services of an expert and a witness.
Sara Gleaton appealed an order from the master-in-equity finding in favor of Orangeburg County in a slander of title case. On appeal, Gleaton argues the master erred in finding (1) the County did not publish a false statement that harmed her, (2) the County's deed to a purchaser from a tax sale was not derogatory to her title, and (3) the County did not publish the deed with malice.
Kenneth R. Gleaton appeals his convictions for murder, second-degree arson, illegal possession of a firearm, and desecration of human remains, arguing the circuit court erred in denying his motion to bifurcate; admitting prejudicial photographs and hearsay into evidence; refusing to recess on Friday at 5:00 PM after a week-long trial; declining to defer sentencing to allow the presentation of mitigation evidence; and denying his motion for a new trial.
This appeal arises from the filing of a class-action lawsuit against Ladles Soups (some of which are Respondents), in which the trial court granted summary judgment to Respondents. Teri Chappell (Appellant), as the Personal Representative of the Estate of Craig Chappell, appeals, arguing the trial court erred in: (1) granting summary judgment because Appellant did not have a full and fair opportunity to complete discovery; (2) granting summary judgment because the court had not heard Appellant's motion for class certification; (3) finding Appellant lacked standing; and (4) not finding an issue of triable fact for the jury existed regarding Respondents' tipping policy. This appeal arises from the filing of a class-action lawsuit against Ladles Soups (some of which are Respondents), in which the trial court granted summary judgment to Respondents. Teri Chappell (Appellant), as the Personal Representative of the Estate of Craig Chappell, appeals, arguing the trial court erred in: (1) granting summary judgment because Respondents were employers liable under the South Carolina Payment of Wages Act ("SCPWA"); (2) granting summary judgment because Appellant did not have a full and fair opportunity to complete discovery; (3) not finding an issue of triable fact for the jury existed regarding Respondents' tipping policy; and (4) finding Appellant lacked standing. This appeal arises from the filing of a class-action lawsuit against Ladles Soups (some of which are Respondents), in which the trial court granted summary judgment to Respondents. Teri Chappell (Appellant), as the Personal Representative of the Estate of Craig Chappell, appeals, arguing the trial court erred in: (1) granting summary judgment because Appellant did not have a full and fair opportunity to complete discovery; (2) denying Appellant's motion to deem admitted requests for admission; (3) granting summary judgment because the court had not heard Appellant's motion for class certification; and (4) finding Appellant lacked standing.
Thursday, May 4, 2023
In this action, Appellant J & W Corporation (J&W) contends that the Master-in-Equity erred in its resolution of a dispute between J&W and Respondents Broad Creek Marina of Hilton Head, LLC; Broad Creek Marina Operations, LLC; Broad Creek Marina Properties, LLC; and Broad Creek Marina and Development, LLC (collectively, "Broad Creek Marina"). J&W alleges that the Master's errors include: (1) declining to issue a declaratory judgment for J&W on a dispute over the provision of a boat shed for J&W's office; (2) ordering J&W to accept an Aqua Lodge houseboat as a "Floating Office"; (3) declining to award J&W nominal damages for breach of contract; (4) declining to apply an equitable setoff to the damages awarded to Broad Creek Marina because of the dispute over the boat shed-office; (5) awarding damages and pre-judgment to Broad Creek Marina for hurricane-related damage to some of the marina's docks; (6) declining to issue a declaratory judgment that a settlement agreement between the parties shifted responsibility for dock damages and insurance coverage to Broad Creek Marina; and (7) quashing a subpoena and awarding damages related to the issues the subpoena sought to explore.
This is a cross appeal arising out of a dog bite lawsuit brought by Katrina Stroman against Samuel Jeffords. On appeal, Jeffords argues the trial court erred by (1) denying his motion for a directed verdict on strict liability, mooting the post trial motion for a new trial; and (2) granting Stroman's motion to reconsider its Batson ruling and ordering a new trial. In her cross appeal, Stroman argues the trial court erred by (1) granting Jeffords's directed verdict motion on common law negligence because he had the requisite control and knowledge of a dangerous situation under the common law negligence analysis of Clea and (2) granting Jeffords's directed verdict motion because she otherwise proved common law negligence beyond a landlord's duties.
In this declaratory judgment action, Appellant William McFarland challenges an order of the Master-in-Equity granting summary judgment to Respondent David Hannemann and declaring Hannemann to be the duly elected President of the Live Oak Village Homeowners Association (HOA). McFarland argues, inter alia, that (1) Hannemann was not authorized by the HOA's Board of Directors to initiate this action and (2) the master erred by finding that Hannemann was an HOA member in good standing when he was elected.
Wednesday, May 3, 2023
Stuart Buchanan appeals from the order of the Administrative Law Court, which dismissed his appeal of the denial of parole by the South Carolina Department of Probation, Parole, and Pardon (SCDPPPS), arguing (1) SCDPPPS's procedures violated his rights to due process and (2) his incarceration of forty-seven years for a crime he committed as a juvenile constitutes cruel and unusual punishment.
Tuesday, May 2, 2023
This case concerns insurance coverage arising out of an underlying construction defect lawsuit when the Penn National Mutual Casualty asserts its insured, a subcontractor, did not notify it of the lawsuit and declined coverage.
In this declaratory judgment action, Nancy Morris, as personal representative of the estate of David Allan Woods, appeals the circuit court's amended order granting the State Fiscal Accountability Authority and the South Carolina Insurance Reserve Fund's motion to alter or amend and denying the declaratory relief Morris sought.
Monday, May 1, 2023
Richland County Sheriff's Department (the Department) appeals the trial court's ruling denying its motion for a directed verdict and granting Bridgett Taylor's motion for a new trial. The Department argues the trial court erred by (1) concluding the prior order of another circuit court judge denying the Department's motion for summary judgment precluded it from raising the same arguments in a directed verdict motion at trial; (2) reversing its decision to direct a verdict in favor of the Department and granting Taylor a new trial on the ground that the prior order denying summary judgment precluded the trial court from ruling differently on a directed verdict motion at trial; and (3) concluding the Department was not entitled to sovereign immunity under the Tort Claims Act or judgment based on the application of collateral estoppel.
House of Blues Myrtle Beach Restaurant Corporation (House of Blues) appeals the circuit court's orders dismissing its third-party claims against Throttlefest, LLC (Throttlefest), Full Throttle, LLC (Full Throttle); Full Throttle Sloon Shine, LLC (Sloon Shine); and American Outlaw Spirits, Inc. (American Outlaw) (collectively, Respondents). House of Blues argues the circuit court erred by granting Throttlefest's Rule 12(b)(6), SCRCP, motion to dismiss. Specifically, House of Blues argues the circuit court erred by (1) considering matter outside the complaint in ruling on the motion, (2) improperly requiring it to plead or show Respondents' settlement with the first party plaintiff was not in good faith and relying on Smith v. Tiffany in finding dismissal of its contribution claim would not impact its due process and equal protection rights, (3) finding its claims were barred by the statute of limitations, and (4) dismissing its tort claims based upon the existence of its contract with Throttlefest. As to respondents Full Throttle, Sloon Shine, and American Outlaw, House of Blues argues the circuit court erred by dismissing these parties for lack of personal jurisdiction pursuant to Rule 12(b)(2), SCRCP.
Jennifer Campney appeals an order from the trial court granting judgment in favor of Portfolio Recovery Associates, LLC, (PRA) and Cooling & Winter, LLC (Cooling & Winter). On appeal, Campney argues the trial court erred by (1) ruling that she was liable to PRA in the amount of $4,236.78, plus costs, under an account stated cause of action; (2) ruling that PRA and Cooling & Winter were not liable to her on her counterclaims; and (3) denying her motion pursuant to Rules 52 and 59(e), SCRCP.
Thursday, April 20, 2023
In this declaratory action, James F. Amick argues the circuit court erred in finding James L. Braswell, Sr. had an appurtenant prescriptive easement across Amick's property. Amick contends the circuit court used an incorrect test in determining the existence of an easement and erred in finding Braswell's use was open and notorious.
Thursday, April 13, 2023
In this appeal from the denial of Hinson's application for post conviction relief, this court granted certiorari and ordered briefing on the issues of whether trial counsel was ineffective for failing to object to a premature Allen charge and whether Hinson knowingly and intelligently waived his right to a direct appeal. On his direct appeal, Hinson argues the trial court erred by refusing to conduct a hearing on his motion for a new trial based on an allegation that the jury foreman failed to disclose his relationship with both the victim and Hinson.
Wednesday, April 12, 2023
Karen Petit appeals the circuit court's order granting defendants' motions for summary judgment, arguing the circuit court failed to view the evidence in the light most favorable to the nonmoving party when considering her causes of action for negligence, breach of fiduciary duty, and tortious interference with contract arising from her claim that the USAA defendants allegedly accepted a designation of beneficiary form purportedly executed by defendant Krohn through a deficient power of attorney.
In this workers' compensation appeal, Jorge Lopez-Celestin appeals the decision excluding deposition testimony from evidence and the finding that the injuries he suffered while driving to a job site in another state do not fall within an exception to the "going and coming rule."
Steeple Dorchester Ltd. (Steeple) and Hamilton Management Services Company (Hamilton) appeal an order finding Marsh Waterproofing, Inc. (Marsh) was entitled to claim a mechanic's lien to secure a debt, including costs and attorney's fees. Steeple and Hamilton argue the trial court erred in: (1) entering a money judgment in favor of an unlicensed contractor in violation of S.C. Code Ann. §§ 40-11-370 (2011) and 40-11-30 (2011); (2) issuing a money judgment against them because no proof was presented that either of them entered into a contract with Marsh; (3) granting a judgment on the mechanic's lien because it was not a justiciable matter; (4) awarding attorney's fees and costs to Marsh; (5) not granting their motion for a new trial; and (6) not granting their motion for reconsideration.
Beachwalk Hotel & Condominiums Association, Inc. appeals an order of the circuit court upholding the decision of the Town of Hilton Head Island Board of Zoning Appeals, which affirmed a planning staff determination approving SDC Properties, Inc.'s proposed development of a welcome center. On appeal, Beachwalk argues that the circuit court erred (1) in failing to consider the existing development within an overlay zoning district when evaluating whether any density remained for the proposed development and (2) in basing its decision in part on a finding that the subject property would have no economic value if Beachwalk prevailed.
Tuesday, April 11, 2023
The City of North Charleston (the City) appeals the appellate panel's order that affirmed the single commissioner's finding that Frederick Nelson was permanently and totally disabled in a work related accident. The City asserts the appellate panel erred in (1) failing to provide detailed explanations as to how it came to a determination of permanent and total disability, (2) relying on an incorrect legal standard when determining permanent and total disability, (3) directly misquoting an expert evaluation in the record and relying on that misquote to make a determination of permanent and total disability, and (4) making a credibility finding that is not backed by the evidence in the record.
Paige Earley appeals the family court's order approving her and Michael Halsema's mediated settlement agreement.
Monday, April 10, 2023
Terry R. McClure appeals his conviction for murder, attempted murder, first-degree burglary, and possession of a weapon during the commission of a violent crime, arguing the trial court erred by (1) admitting a redacted video recording of his interrogation, which contained hearsay and burden-shifting statements; (2) charging the jury on inferred malice; (3) admitting text messages as non-hearsay statements of a co-conspirator when he was not charged in any conspiracy; (4) qualifying a law enforcement officer as an expert in "street culture, language, and slang"; and (5) refusing to allow him to question a witness about charges against her that were dismissed and such refusal prejudiced him by violating his rights to a speedy trial.
Joseph Ragsdale appeals the Administrative Law Court's (ALC's) order affirming the decision of the Law Enforcement Training Council (the Council) to permanently deny his eligibility to obtain certification as a law enforcement officer in this state as a sanction for his misconduct. Ragsdale argues the ALC erred by determining (1) the finding of misconduct was supported by substantial evidence and (2) the sanction was warranted by the evidence and was not arbitrary and capricious, excessive, or an abuse of discretion.
In this appeal from a declaratory judgment action, Peter Michael Buonaiuto, Sr., argues the master in equity erred in denying his motion for summary judgment and granting the Town of Hilton Head Island's (the Town's) motion for summary judgment. On appeal, he asserts the master erred in determining the "Contract for Professional Services" was not a contract for services pursuant to the Town's Procurement Code.
Kevin Paul appeals the circuit court's grant of summary judgment to Richland County Sheriff's Office on his malicious prosecution, defamation per se, and gross negligence causes of action arising out his brother's arrest for shoplifting while identifying himself as Kevin Paul. He contends the circuit court erred in (1) finding any damages sustained arose as a result of the criminal activities of a third party, (2) finding the Sheriff's Office was entitled to absolute immunity because its actions were judicial or quasi-judicial in nature, (3) failing to find the Sheriff's Office voluntarily assumed a duty to perform certain acts with due care, and (4) relying on an erroneous finding of fact.
Thursday, April 6, 2023
Samuel L. Burnside appeals his convictions for murder and possession of a weapon during the commission of a violent crime. On appeal, Burnside argues the trial court erred by failing to quash the jury panel when the State used a peremptory strike in a racially discriminatory manner.
In this negligence action, Coffey & McKenzie, P.A. (Law Firm) argues Marvin Gipson (Gipson) failed to establish by expert testimony the standard of care for an attorney in a real estate closing. Law Firm also argues the trial court erred in refusing to reduce the verdict of the jury.
Wednesday, April 5, 2023
In this appeal originating from a collision between a bicycle and a car, Appellant Harland Jones challenges an order granting a motion for sanctions imposed against him. Appellant maintains that the circuit court erred in (1) granting the motion due to a lack of factual support; (2) imposing disproportionate sanctions for the alleged misconduct; and (3) ordering Appellant to pay all of Respondent Karen Robinson's attorney fees and costs.
Jackson L. Munsey, Jr. appeals a master in equity's order granting a default judgment to Alyce F. Otto, individually and as trustee under Declaration of Trust of Alyce F. Otto dated the 17th of November 2009, for breach of an installment land contract (the Contract). On appeal, Munsey argues the master erred (1) in awarding Otto damages in an amount not supported by the record, (2) in denying Munsey his procedural rights regarding cross examination and objection to evidence, (3) in awarding Otto damages for the rental value of the property that was the subject of the Contract (the Property) during the pendency of a prior appeal, and (4) in awarding Otto judgment interest for a period before her judgment was rendered.
Tuesday, April 4, 2023
Joseph G. Kelsey appeals the order of the Administrative Law Court (ALC), which affirmed the denial of parole by the South Carolina Department of Probation, Parole, and Pardon (SCDPPPS), arguing: (1) the ALC has the authority to immediately release a parole applicant; (2) the ALC affirmed an arbitrary and capricious parole decision; (3) SCDPPPS intruded on the judicial function in its factual findings; and (4) SCDPPPS is required to give putative parolees access to their parole files.
Daquan J. Crummey appeals his convictions for first-degree burglary, armed robbery, assault and battery, and possession of a weapon, arguing the circuit court erred by finding a search warrant was not deficient and by admitting into evidence a photographic lineup identification, two photographs from Facebook, and a recorded jail call.
In this negligence action arising from a motor vehicle accident, Gerald Nelson argues the circuit court erred in failing to charge the jury regarding its obligation to disregard the existence of liability insurance during both the court's initial charge and again when the jury raised an insurance question during deliberations. Additionally, Nelson argues the court erred in denying his motion for a new trial absolute or nisi additur when the verdict, the jury's insurance question during deliberations, and other factors demonstrated the jury's improper considerations.
Wednesday, March 22, 2023
In this domestic matter, Jennifer Lauren Greene (Mother) argues the family court erred in: (1) awarding joint custody to Mother and Zachary Daniel Greene (Father) regarding their then five-year-old daughter (Child); (2) awarding Father primary decision-making authority regarding Child's education and healthcare; (3) awarding Father the annual tax deduction regarding Child; (4) calculating the amount of child support; and (5) awarding attorney's fees to Father.
Thursday, March 16, 2023
In this negligence action, THI of South Carolina at Spartanburg, LLC, Rusty Flathmann, Laura Anne Winn, and Olishia Gaffney argue the circuit court erred in (1) declining to compel arbitration regarding claims brought by Betty Nanney; (2) declining to order additional discovery on arbitrability; and (3) not clarifying whether Winn's motion to dismiss was disposed of in the order on arbitrability.
In this employment law action, John Kennedy argues the circuit court erred in dismissing his complaint against the City of Myrtle Beach Police Department (MBPD), Amy Prock, Angela Kegler, and John Pedersen. Specifically, Kennedy argues the circuit court erred in determining that because he is an at-will employee, Kennedy is barred from asserting contract based claims and a civil conspiracy claim against MBPD and Pederson. Additionally, Kennedy argues the circuit court erred in finding that as a public official who is employed at-will, Kennedy is barred from asserting a claim for civil conspiracy against anyone.
Wednesday, March 15, 2023
In this lawsuit about a bicycle and car wreck, John Mayers appeals the trial court's decisions denying his motion that the court deem liability to have been admitted, allowing evidence related to alcohol, and denying his motion for a new trial and judgment notwithstanding the verdict.
On appeal from a grant of summary judgment in this construction litigation, Appellant Builders FirstSource argues the circuit court erred in finding its claims were barred by the statute of limitations and that Appellant could not seek indemnification from the Respondent subcontractors.
Thursday, March 9, 2023
This appeal stems from the family court's determinations on child custody, child support, and attorney's fees. Appellant Dennis E. Brantley, Sr. (Father) argues the family court erred by: (1) changing legal custody and final decision-making authority from Father to Ingrid G. Brantley (Mother), including failing to require Mother to participate in co parenting counseling, refusing to allow Father to bring their children to therapy/counseling, and limiting Father's visitation during the school year; (2) overstating Father's income in the court's child support calculation, retroactive support obligation, and unreimbursed medical expenses; (3) making Father responsible for 85% of the younger children's extracurricular activity expenses; (4) finding him in contempt for failing to inform Mother of his new address before moving and enrolling their eldest son at a new high school; and (5) requiring Father to pay $75,000 in attorney's fees.
In these consolidated appeals, Appellant Anaptyx, LLC (Anaptyx) seeks review of the circuit court's respective orders granting summary judgment to Respondents, Golf Colony Resort II at Deer Track Homeowners' Association, Inc., Golf Colony Resort IV at Deer Track Homeowners' Association, Inc., Deerfield Plantation Community Services Association, Inc., and Tradewinds Homeowners' Association, Inc. (collectively, the HOAs). Anaptyx argues the circuit court erred by dismissing its respective breach of contract claims against the HOAs because there was no evidence to support the finding that the contracts to provide Wi-Fi service to the HOAs were contracts for services to or for real property for purposes of New York General Obligations Law § 5-903.
Tuesday, March 7, 2023
The Shaw Group argues the workers' compensation commission erred in granting Gene Grady a "general disability" award under Section 42-9-10 of the South Carolina Code because Grady's only injury was to his rotator cuff. The Shaw Group also argues the commission erred in awarding Grady future medical treatment.
In this action to enforce a security interest, Classic Industrial Services, Inc. (Classic) argues the circuit court erred in finding it liable under the South Carolina Commercial Code, the common law theory of negligent misrepresentation, and the equitable theory of promissory estoppel. Classic further asserts the circuit court erred in calculating Associated Receivables Funding, Inc.'s damages.
Monday, March 6, 2023
Noel Owens appeals the circuit court's ordering granting summary judgment to Demetra Caldera and South Market Real Estate. On appeal, Owens argues the grant of summary judgment was improper because (1) the release signed on April 3, 2015, could not have released a claim that did not arise until April 13, 2015; (2) her claims are beyond the scope of the release and indemnification document; (3) there was evidence in the record from which a factfinder could reasonably conclude Caldera was an agent of South Market Real Estate; and (4) regardless of the outcome of this appeal, she is entitled to a jury trial on the liability issues.
In this post-conviction relief (PCR) action, Calvin T. Williams argues the PCR court erred in denying his application for relief when trial counsel failed to object to the State's use of his prior federal offenses for the purposes of seeking a sentence of life imprisonment without the possibility of parole (LWOP).
Friday, February 17, 2023
In this post-conviction relief action, Appellant Jerome Campbell seeks review of an order dismissing his claim of ineffective assistance of counsel. Campbell argues that the post-conviction relief court erred in finding that Campbell's trial counsel was not ineffective in failing to object to the circuit court's mutual combat charge.
In this breach of contract action, Appellant CRM of the Carolinas, LLC (Employer) appeals an order of the Master-in-Equity denying Employer's request for damages and attorney's fees. Employer argues the evidence did not support the master's finding that Employer was not entitled to a return of its $50,000 payment to Respondent Trevor W. Steel (Employee). Employer also argues that the master erred by denying its request for attorney's fees because Employer should have been the prevailing party.
Thursday, February 16, 2023
In this defamation action, Appellant David T. Stokes seeks review of the circuit court's rulings granting summary judgment to Respondents Wayne McCall and Edda Cammick and denying Stokes's motion to amend his complaint. Stokes also challenges the circuit court's ruling quashing a subpoena Stokes served on the administrator for Respondent Oconee County (the County). Stokes argues that (1) the circuit court erred by granting summary judgment to McCall and Cammick because his complaint included allegations of conduct that fell outside the scope of these council members' official duties, he presented supporting evidence, and therefore, they were not entitled to immunity under the South Carolina Tort Claims Act; (2) the circuit court should have granted Stokes's motion to amend his complaint because the alleged defamatory statements were not material to the purpose of the meeting at which they were made, and therefore, the amendment would not have been futile; and (3) Stokes was entitled to serve a subpoena on the county administrator in his individual capacity because his prior deposition was taken in his capacity as a representative of the County pursuant to Rule 30(b)(6), SCRCP.
Wednesday, February 15, 2023
This cross-appeal arises out of the circuit court's grant of Trustgard Insurance Company's motion to intervene and denial of Trustgard's motion to set aside default judgment. Trustgard appeals the denial of its motion to set aside the default judgment and Terence Graham appeals the grant of the motion to intervene.
Shelby Briggs appeals the family court's orders holding her in contempt and denying her motion for reconsideration. On appeal, Briggs argues the family court erred in holding her in contempt for several reasons and erred in awarding Alan Bain attorney's fees.
South Carolina Law Enforcement Division (SLED) appeals the circuit court's decision to grant a preliminary injunction that allowed John Pendarvis and Lawton Drew to harvest and sell a crop of hemp. SLED asserts the circuit court erred because (1) the preliminary injunction failed to maintain the status quo or balance the parties' equities, (2) the crop was contraband per se, (3) the facts as pled did not support granting the preliminary injunction, and (4) the circuit court refused to enforce a portion of the participation agreement that permitted SLED to destroy illegal hemp crops.
Tuesday, February 14, 2023
Amazon Services, LLC, appeals the Administrative Law Court's (ALC's) decision affirming the South Carolina Department of Revenue's (the Department's) determination assessing it approximately $12.5 million in taxes, penalties, and interest for the period of January 1, 2016, to March 31, 2016. Amazon Services argues that (1) under the Sales and Use Tax Act in effect during 2016, as an online marketplace operator, it owed no duty to collect and remit sales tax on products sold on its marketplace by third parties; (2) the statute in effect in 2016 could reasonably be read not to impose the obligation to collect and remit sales tax for third-party sales upon online marketplace facilitators such that the statute is ambiguous and must be construed against the Department; and (3) imposing a sales tax obligation on it for third-party sales during the relevant period violates the United States and South Carolina constitutional guarantees of fair notice and equal protection.
In this condominium construction defect case, subcontractor defendant Tri-County Roofing (TCR), appeals the trial court's decision regarding setoff. TCR contends the trial court erred in not offsetting the amounts of all pretrial and posttrial settlements between the plaintiffs and other defendants apart from those amounts specifically allocated to damages unrelated to TCR's work.
Emily Horn (Mother) and Michael Horn (Stepfather) appeal an order of the family court finding Mother unfit and granting custody of Child to Child's great-grandfather, with visitation by Mother. On appeal, Mother and Stepfather argue the family court erred by (1) finding them in willful contempt, (2) failing to grant them a new trial, and (3) finding Mother unfit and awarding custody to Great-Grandfather.
Tuesday, February 7, 2023
Tamara Walrath appeals the family court's decision dismissing without prejudice the case that her former husband brought against her. She argues the court erred in dismissing the case without first ruling on her motion for attorney's fees.
Stop-A-Minit #17, LLC, appeals the circuit court's order requiring it to indemnify Beck Enterprises, arguing the circuit court erred in finding (1) the Indemnification and Hold Harmless Agreement (the Agreement) the parties executed was valid and enforceable, and (2) Stop-A-Minit had not met all of its obligations to Beck Enterprises under the Agreement.