Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Department
Court of Appeals Published Opinions - April 2006

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.

4-3-2006 - Opinions

4100 - Menne v. Keowee Key Property Owners’ Association

Douglas J. Menne brought this action against Keowee Key Property Owners' Association seeking a declaration that a restrictive covenant prohibiting individual docks in his neighborhood was unenforceable due to changed conditions. Menne appeals the trial court’s order upholding the covenant.

4-10-2006 - Opinions

4043 - Simmons v. Simmons

In this family court action, the court reversed the trial court's denial of the husband's motion for relief from judgment, finding that Social Security benefits cannot be divided in an equitable division award whether by agreement ot otherwise.

4101 - Queen’s Grant II Horizontal Property Regime v. Greenwood Development

This case, involving cross-appeals, concerns repair of a private road and maintenance assessments for a horizontal property regime. The regime argues that the circuit court erred in granting summary judgment for the developer on the regime's request for a declaratory judgment that the amended restrictive covenants are invalid. The developer has also appealed and argues that the circuit court erred in denying summary judgment as to the regime's claim for recovery of funds it expended on road repair.

4102 - Cody Discount, Inc. v. Merritt

In this foreclosure action, Audrey Merritt appeals a master-in-equity's decision evicting her from certain real property.

4103 - Arthur v. Sexton Dental Clinic

In this medical malpractice action, Appellants appeal the circuit court's order, arguing the court erred in: (1) failing to set aside a scheduling order; (2) limiting discovery; (3) denying their Batson motion; and (4) excluding certain witnesses at trial.

4-17-2006 - Opinions

4104 - Hambrick v. GMAC

In this civil action, the circuit court dismissed Scott and Kristy Hambrick’s (the Hambricks) suit against GMAC Mortgage Corporation, doing business as (Ditech). The circuit court found the Hambricks’s claims against Ditech all stemmed from the allegation that Ditech was engaged in the unauthorized practice of law. Accordingly, the circuit court concluded it lacked jurisdiction to hear this case and granted Ditech’s motion dismissing the suit.

4105 - Legette v. Piggly Wiggly

Affirms a grant of summary judgment in this slip and fall case where physical evidence clearly proves the lack of any genuine issue of material fact.

4-24-2006 - Opinions

4106 - Kelley v. Kelley

This is an action to recover unpaid alimony awarded in a 1974 divorce decree. The decree required Henry Kelley to pay alimony to Betty Kelley. The family court granted Husband's motion to dismiss, finding Wife's claim was barred by laches and equitable estoppel.

4107 - State v. Rice

In this murder case, appellant contends the trial court committed reversible error by refusing to sever the murder charge from the trafficking in cocaine charge since there was not any legitimate or close nexus between the large amount of cocaine discovered in appellant’s trunk during a traffic stop almost seven weeks after the murder, and the murder itself, and the undue prejudice of evidence of trafficking in cocaine warranted a severance.

4108 - Middleton v. Johnson

Kenneth Middleton appeals from an order of the family court denying him visitation with Joshua Hollington, a minor child. Although Middleton admits he is not biologically related to Josh, he argues he has standing to seek visitation because he functioned as Josh's psychological parent for the last ten years and because Josh will suffer significant harm if visitation is not granted.