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South Carolina
Judicial Department
Court of Appeals Published Opinions - August 2013

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.

8-14-2013 - Opinions

5163 - Kunst v. Loree

J. Scott Kunst appeals the circuit court's grant of summary judgment on his defamation cause of action against David Loree. On appeal, Kunst argues the circuit court improperly applied the doctrine of collateral estoppel when dismissing his defamation claim. We reverse.

5164 - State v. Scott

Darren Gerome Scott (Appellant) appeals his convictions of three counts of a lewd act upon a child and one count of second degree criminal sexual conduct with a minor. Appellant argues the trial court improperly admitted prior bad act evidence to show the existence of a common scheme or plan because the proffered testimony was: (1) not sufficiently similar to the crimes charged; and (2) too remote and, thus, unfairly prejudicial. We affirm.

5165 - McKinney v. Pedery

In this appeal from family court, the court of appeals affirms the family court's termination of the wife's alimony obligation to her husband, finding the husband continuously cohabitated with his paramour in contravention of section 20-3-130(B)(1) (Supp. 2012) of the South Carolina Code. The court also denied the husband's request for attorney's fees, finding he failed to prove he was entitled to an award of fees.

8-21-2013 - Opinions

5166 - Lawing v. Trinity Manufacturing, Inc.

In this products liability appeal, Scott Lawing appeals the trial court's order granting summary judgment on his strict liability cause of action. He also appeals the trial court's decision to charge the jury on the sophisticated user doctrine. We affirm the decision to charge the jury on the doctrine, reverse the order granting summary judgment, and remand for a trial on Lawing's strict liability cause of action.

8-28-2013 - Opinions

5133 - Boykin Contracting v. Kirby

The Court of Appeals affirmed the circuit court's award of damages and prejudgment interest for electrical work performed on a bingo establishment in Columbia, South Carolina. On appeal, the Court concluded Boykin Contracting, Inc., established the requisite elements of quantum meruit. Accordingly, the Court held that Wayne Kirby, as promoter for the bingo establishment, was required to pay Boykin Contracting the reasonable value of its labor and materials.

5137 - Ritter and Associates v. Buchanan Volkswagen

This case arose from a check-kiting scheme perpetuated by Todd Taylor, who, in furtherance of the scheme and on behalf of Buchanan Volkswagen, Inc. (BVW), purchased twenty vehicles from Ritter and Associates, Inc. (Ritter). After the scheme was discovered, litigation among the various affected parties ensued, and all claims were resolved except for claims between Ritter and BVW and BVW's majority stockholder, David Buchanan. This cross-appeal arises from the order of a special referee granting judgment in Ritter's favor on its breach of contract claim against BVW and ruling in favor of Ritter on Buchanan and BVW's counterclaims. We affirm.

5168 - Froneberger v. Smith

Ralph A. Froneberger and Anna M. Froneberger (collectively, the Fronebergers) appeal the circuit court's order granting summary judgment in favor of Euro Mortgage Bankers, Inc. (Euro) on all but one of their causes of action. The Fronebergers argue the circuit court erred in finding that Kirkland Smith was not Euro's actual or apparent agent and in improperly dismissing two of their causes of action against Euro that did not relate to the alleged agency. We reverse in part and vacate in part and remand.