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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.
6-4-2001 - Opinions
Punitive damages held not recoverable in a breach of warranty action.
This appeal from the circuit court''s reversal of an ALJD decision treats the standard to be applied when considering motions under Rule 29(D),SCRALJD.
This appeal addresses whether Rule 60(b), SCRCP, relief is available for fraud on the case where a complaint alleges an attorney participated in a scheme to suborn perjury in the underlying action.
This case involves the novel issue of when a buyer at a judicial sale can tender his down payment.
6-11-2001 - Opinions
This case analyzes a factual scenario involving the omitted spouse statute.
This case involves the application of the South Carolina Door Closing
In this criminal appeal, the defendant asserts the indictment charging him with assault on a correctional facility employee was insufficient to confer subject matter jurisdiction on the trial court because it failed to allege an essential element of the offense.
6-18-2001 - Opinions
Pursuant to S.C. Code Ann. s 29-5-20(A), a 'prevailing party' in a mechanic's lien foreclosure suit is entitled to recover reasonable attorney's fees and costs. A party may recover attorney's fees and costs as a 'prevailing party' under s 29-5-20(A) even though the party obtained a dismissal from the suit via procedural rule (e.g., Rule 12(b)(6), SCRCP), provided the dismissal was not due to mere technicality.
In order to be convicted of issuing a fraudulent check, a defendant must be given an opportunity to plead guilty before a judge or proceed to trial.
This case reverses a summary judgment by the Administrative Law Judge Division upholding a DHEC permit allowing Port Royal Plantation to refurbish a groin field and construct new groins along the beach on Hilton Head Island, finding groins are prohibited under S.C. Code § 48-39- 10 et seq. (Supp. 2000).
6-25-2001 - Opinions
In this criminal case, the defendant appeals from his conviction for attempted armed robbery, arguing the trial court erred in denying his motion for a directed verdict.
This case involves the standing of a non-profit conservation advocacy group to appeal decisions of a county zoning administrator to a county zoning board of appeals.
The sole issue in this case is the admissibility of prior convictions for burglary under S.C. Code Ann. § 16-11-311(A)(2).
The Court of Appeals holds: (1) Section 12-51-120 requires the notice of the right to redeem to be mailed to the owner of record or the owner's authorized agent - a spouse is not jure mariti the agent of the other spouse; and (2) because of the well-established rule in South Carolina that all proceedings leading to a tax sale must fulfill the applicable statutory requirements, a taxing authority's failure to provide a co-tenant with proper notice of redemption voids the entire sale.