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South Carolina
Judicial Department
Court of Appeals Published Opinions - December 2009

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.

12-3-2009 - Opinions

4634 - Department of Social Services v. Laura D.

Laura D. (Mother), an inmate at the Camille Griffin Graham Correctional Institution, appeals the family court's denial of her motion for a continuance when the Department of Corrections (the Department) failed to transport Mother to a judicial review hearing despite a court order finding Mother was a "necessary and proper party."

12-4-2009 - Opinions

4635 - State v. Liverman

Liverman appeals his convictions of two counts of murder, arguing the trial court committed reversible error (1) by refusing to conduct an in camera hearing pursuant to Neil v. Biggers, 409 U.S. 188 (1972) and Rule 104(c), SCRE, on the reliability of the identification of Liverman as the shooter by one of the State's witnesses and (2) in allowing one of the State's purported experts in gang activity and recognition to testify concerning body markings on Liverman indicating Liverman had committted two prior murders, as this evidence placed appellant's character at issue inn violation of Rules 403 and 404, SCRE.

12-8-2009 - Opinions

4636 - Ervin v. Richland Memorial Hospital

Carol Ervin appeals from the trial court's order affirming the decision of the Appellate Panel of the South Carolina Workers' Compensation Commission, arguing the court erred in failing to find: (1) her injury was a compensable injury by accident within the meaning of the Workers' Compensation Act; and (2) her injury arose out of her employment. We affirm.

12-9-2009 - Opinions

4637 - Shirley's Iron Works, Inc. v. City of Union

In this case, we must determine whether the circuit court erred in granting summary judgment in favor of the City of Union (the City) as to Shirley's Iron Works, Inc. and Tindall Corporation's (Appellants) claims. We reverse in part and affirm in part.

4638 - Smith v. Smith

In this cross-appeal, Emily Smith (Mother) contends the family court erred by refusing to: (i) deviate from the child support guidelines and include the cost of the parties' daughter's private school tuition in calculating child support; (ii) require Jeffrey Smith (Father) to obtain life insurance as security for his alimony and child support obligations; (iii) consider the cost of Mother's medical insurance in awarding alimony; (iv) find the tobacco bonds and Sumter residence titled in Father's name were subject to equitable division; and (v) award her attorney's fees and costs. In his appeal, Father asserts the family court erred in failing to impute income to Mother and in setting the visitation schedule. We affirm in part, reverse in part, and remand.

12-17-2009 - Opinions

4639 - In the Interest of Walter M.

In this criminal case from Georgetown County, the juvenile appellant appeals a murder conviction for the shooting death of his ten (10) year old friend. The juvenile alleges that the Family Court erred by (1) refusing to direct a verdict on the charge of murder, alleging a lack of evidence demonstrating the act was intentional or perpetrated with malice aforethought; and (2) finding the juvenile guilty of murder beyond a reasonable doubt, arguing the state did not present sufficient evidence of malice aforethought.

4640 - Normandy Corporation v. SCDOT

This declaratory judgment action stems from a condemnation action filed by Appellant South Carolina Department of Transportation to acquire approximately six acres of land from Respondent Normandy Corporation for the construction of the Carolina Bays Parkway in Horry County. Respondent brought this action to resolve several issues relating to the applicability of the Clean Water Act to the affected parcel as of the date of the condemnation filing for the ultimate purpose of determining the just compensation owed to Respondent. Appellant argues that the master-in-equity erred by ruling that, as of the condemnation date, the parcel did not contain any wetlands within the jurisdiction of the Clean Water Act and that the parcel contained fifteen acres of wetlands that could legally be drained. Appellant also contends that the master-in-equity did not have subject matter to determine the amount of wetlands existing on the parcel as of the condemnation date. We affirm.

12-30-2009 - Opinions

4641 - The State v. Florence Evans

Florence Evans appeals her convictions for three counts of involuntary manslaughter, arguing the trial court erred in denying her motion to dismiss the charges against her because her constitutional right to a speedy trial was violated by the twelve-year delay in bringing her case to trial.

4642 - SCDSS v. Eric Johnson

In this case, the Court of Appeals upheld the family court's determination that the appellant was properly notified of the registration of a foreign child support order and found the family court did not abuse its discretion in holding the appellant in civil contempt for his failure to pay child support.

12-31-2009 - Opinions

4643 - Wendy McDaniel v. Carolyn Kendrick

Carolyn Kendrick appeals the trial court's finding she failed to establish the requisite elements of adverse possession or a constructive trust. We affirm.