Court of Appeals Published Opinions - September 2002
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.
9-9-2002 - Opinions
This is a mechanic's lien foreclosure action which was submitted to arbitration. The issues on appeal are whether the circuit court erred in making certain modifications to the arbitrator's award based on (1) perceived evident miscalculations and (2) a manifest disregard for the law by the arbitrator.
The question presented in this case is which of two competing fire departments is entitled to the proceeds of a special fund designed to benefit firefighters.
3548 - Mullis v. Trident Emergency Physicians
This is an action to determine whether money withheld by an employer from an employee was a conversion.
The crux of this case involves the resolution of the issue: whether a pending traffic charge occurring in one county may be transferred to another county for trial disposition.
Court of Appeals affirms the trial court's ruling suppressing marijuana obtained in an illegal search.
9-23-2002 - Opinions
3551 - Stokes v. Metropolitan Life Insurance Company
Addresses whether plaintiff's trespass and conversion claims are arbitrable under federal law.
9-30-2002 - Opinions
Discusses whether actions of an owner interfered with and prevented the occurrence of a condition precedent to the earning of a broker's commission
3552 - Bergstrom v. Palmetto Health Alliance
The unusual legal and factual issues presented involve a failed adoption and a claim by an infant of a duty owed by a hospital in a failed adoption scenario.
This case analyzes the applicability of the South Carolina Arbitration Act and the Federal Arbitration Act to a standard American Institute of Architects contract containing a clause providing for arbitration of disputes. The gravamen of the dispute is whether the contract evidences