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Supreme Court Seal
South Carolina
Judicial Department
Court of Appeals Published Opinions - January 2007

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.

1-8-2007 - Opinions

4194 - Taylor, Cotton & Ridley v. Okatie Hotel Group

In reviewing this action enforcing Taylor, Cotton, & Ridley's (Subcontractor) mechanic's lien, the S.C. Court of Appeals affirmed the trial court's findings that neither the mechanic's lien statutes nor after discovered negligence reduced Okatie Hotel Group's (Owner) liability to Subcontractor. The Court of Appels reversed the trial court on the assignment of interest and remanded for a determination of a pre-judgment interest rate consistent with Section 34-31-20 of the South carolina Code.

1-16-2007 - Opinions

4195 - Rhoad v. State

David Rhoad appeals his two contempt convictions and two, consecutive sentences to six months. He argues: (1) the PCR court erred in finding him in contempt; and (2) the sentences should be vacated because he was entitled to a jury trial. We affirm.

4196 - State v. White

Gary A. White appealed his convictions for kidnapping and two counts of armed robbery on the grounds: (1) the trial court erred in admitting the testimony of State’s expert witness, a dog handler, without establishing the underlying scientific reliability of dog tracking; and (2) newly discovered evidence entitled White to a new trial. Affirmed.

4197 - Barton v. Higgs

In this workers’ compensation case, the South Carolina Uninsured Employers’ Fund appeals the finding of the Appellate Panel of the Workers’ Compensation Commission that the contractor was entitled to transfer liability to the Fund under section 42-1-415 of the South Carolina Code (Supp. 2005) because the contractor collected documentation of its subcontractor’s insurance on “a standard form acceptable to the commission.” We affirm.

4198 - The Vestry v. Orkin

The Vestry and Church Wardens of the Church of the Holy Cross brought this action against Orkin Exterminating Company based on termite damage to its historic church building. Holy Cross appeals from an order of the circuit court denying its motion for a new trial based on juror misconduct.

1-29-2007 - Opinions

4199 - Keane v. Lowcountry Pediatrics

In this legal and equitable action, Lowcountry Pediatrics, P.A., and Drs. Francis E. Rushton, Joseph H. Floyd, and Lawrence R. Coleman (collectively "Lowcountry"), appeal the trial court's order awarding damages to Drs. Timothy and Karen Keane. Lowcountry contends the trial court erred in: (1) including goodwill in its valuation of Lowcountry; (2) awarding prejudgment interest; and (3) awarding punitive damages.

4200 - Brownlee v. SCDHEC

Landowners appeal from an order of the circuit court affirming the Coastal Zone Management Appellate Panel's denial of permits to extend docks from their properties, across a tributary, to the Bohicket River. Alternatively, Landowners argue the circuit court should have ordered a neighboring dock be moved.

4201 - Estate of Adair v. L-J, Inc.

The Estate of Monty Austin Adair (“the Estate”) appeals the circuit court’s order granting L-J, Inc.’s and David Neal Jordan’s (“Respondents”) motion for summary judgment. We affirm.