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South Carolina
Judicial Department
Court of Appeals Published Opinions - April 2005

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.

4-11-2005 - Opinions

3973 - State v. White

White pled guilty to six counts of threatening a public official and was sentenced to six five-year terms. She now appeals asserting the trial court abused its discretion by failing to order a medical examination to determine her competency to stand trial based on her documented history of congenital brain damage and severe mental illness.

3974 - McCune v. Myrtle Beach Indoor Shooting Range, Inc.

Appellant brought an action for negligence and strict liability against Respondent for injuries sustained while she was participating in a paintball game. Appellant appeals the grant of summary judgment in favor of Respondent.

3975 - Joyner v. Greenville Hotel Associates

Joyner, owner of a lot leased to a prior owner of the adjacent hotel to be used as a parking lot, argues the master in equity erred in granting summary judgment to the new hotel owners, and finding the lease was not binding upon the subsequent purchasers of the hotel, because the lease provided it was binding upon subsequent purchasers and the deed to the hotel property described the property as including any right to the lease on the parking lot. We affirm.

4-18-2005 - Opinions

3976 - Mackela v. Bentley

Affirms the jury award for both actual and punitive damages on Mackela's cause of action for conversion.

3977 - Smith v. Moore

This appeal stems from a tort action Becky Todd Smith brought against Tracy Lee Moore pursuant to a car accident between the two parties. The insurance carrier for Smith moved to be dismissed from the case, arguing Smith, who was listed as an "operator" on the declarations page but was not the named insured, could not stack underinsured motorist coverage. The trial court granted the insurance carrier's motion, and we affirm.

3978 - State v. Roach

Roach appeals his convictions for multiple drug offenses. He argues the trial court erred (1) by admitting hearsay in violation of the Confrontation Clause and (2) by admitting an in-court identification, which was based on a single photograph lineup, without making a determination as to the reliability of the identification.

3979 - Holler v. Holler

In this domestic relations case, the court analyzes the efficacy of a prenuptial agreement involving a citizen of Ukraine (wife) and a citizen of the United States (husband). The Family Court concluded the prenuptial agreement was invalid, unenforceable and unconscionable.

3980 - Gay v. City of Beaufort

We affirm the trial court's decision affirming the Beaufort City Council's revocation of Walter Gay's business license to conduct tours in the historic district of Beaufort based on a city ordinance prohibiting "theme vehicles" from touring the historic district.

3981 - Doe v. S.C. Department of Disabilities and Special Needs

In this workers' compensation case, the South Carolina Department of Disabilities and Special Needs and the State Accident Fund appeal the decision of the circuit court, which awarded benfits to Jane Doe based on her mental injuries. SCDDSN argues there was substantial evidence to suport the findings of fact and conclusions of law adopted by the Full Commission, which denied Doe's mental injury claim.

4-25-2005 - Opinions

3982 - LoPresti v. Burry

The LoPrestis appeal the grant of summary judgment to John Burry and the Rabon Creek Watershed Conservation District in their lawsuit arising from their purchase of a home encumbered by a flood easement.