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9-6-2023 - Opinions
Robin Gray Reese appeals the order denying her request for post-conviction relief (PCR). Reese contends the PCR court erred in finding she was not prejudiced by being shackled during much of the trial, including when she walked to and from the witness stand. She also maintains the PCR court erred in finding trial counsel was not ineffective for failing to object to the certain testimony of the lead investigator regarding the guilt of multiple parties in the case. We reverse and remand.
In this 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 insurance coverage both before and after the jury sent a note stating, "We need to know what insurance has been paid for/from both parties." Nelson further challenges the circuit court's denial of his post-trial motion for a new trial absolute or new trial nisi additur. We affirm.
9-13-2023 - Opinions
Great Southern Homes, Inc. (GSH) appeals the circuit court's order denying its motion to dismiss and compel arbitration in this action brought by Johnathan Mart, individually and on behalf of other similarly situated homeowners. Mart entered a contract with GSH to purchase a custom-built home and later brought this action for breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment. Mart also seeks declaratory relief to address two questions: 1) the validity of GSH's contract provision requiring a home buyer to waive the implied warranty of habitability without separate consideration, and 2) the validity of GSH's effort to transfer its warranty obligations to a third party upon the closing of the transaction. Pursuant to our supreme court's holding in Damico v. Lennar Carolinas, LLC, 437 S.C. 596, 604-05, 879 S.E.2d 746, 751 (2022), cert. denied, 143 S. Ct. 2581 (2023), we reverse and remand for arbitration.
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. We affirm.