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South Carolina
Judicial Department
Court of Appeals Published Opinions - September 2015

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.

9-2-2015 - Opinions

5324 - State v. Cain

Charles Allen Cain appeals his attempted trafficking of methamphetamine conviction, arguing the circuit court erred in (1) admitting testimony from the State's forensic chemistry expert regarding the "theoretical yield" of methamphetamine he could have produced and (2) denying his motion for a directed verdict. We affirm.

5347 - Glassmeyer v. City of Columbia

The City of Columbia appeals the trial court's declaration it violated the Freedom of Information Act (FOIA) by failing to disclose to George S. Glassmeyer the home addresses, personal telephone numbers and personal email addresses for applicants to the position of city manager. It also appeals the trial court's award of attorney's fees to Glassmeyer. We affirm in part and reverse in part.

5348 - Rogers v. Lee

In this legal malpractice action, we affirm the trial court's granting of summary judgment in favor of the attorney and his law firm on the basis that North Carolina's substantive law applies such that its statute of repose bars the legal malpractice claim.

5349 - Williams v. Lexington County Board of Zoning Appeals

Appellant Scarlet Williams seeks review of the circuit court's order upholding the Lexington County Board of Zoning Appeals' unanimous decision that the county zoning ordinance prohibits Williams from operating a dog grooming business at her home. We affirm.

5350 - Helicopter Solutions v. Hinde

Appellant Richard Hinde appeals the circuit court's ruling that a helicopter sight-seeing tour facility is a permitted use within the Amusement/Commercial (AC) zoning district pursuant to Article VII, Section 712.1 of the Horry County Zoning Ordinance (County Ordinance). Hinde contends the circuit court erred in failing to recognize and defer to the findings of fact made by the Horry County Board of Zoning Appeals (Zoning Board) and by expanding the range of permitted uses in the Horry County AC zoning district to include a heliport or airport. We affirm.

5351 - State v. Cardwell

Sarah D. Cardwell (Cardwell) appeals her conviction for two counts of unlawful conduct toward a child and two counts of first-degree sexual exploitation of a minor. Cardwell argues the circuit court erred in refusing to suppress her laptop computer and a video seized from the laptop without a search warrant. She contends that the search and seizure violated her Fourth Amendment rights because law enforcement instructed a computer technician to locate, play, and copy the video prior to obtaining a search warrant. Cardwell further asserts that her constitutional rights were violated when the Johnsonville Police Department provided the video to a Georgetown County Sheriff's Office investigator, who viewed it prior to obtaining a warrant. We affirm.

9-9-2015 - Opinions

5352 - Lucero v. State

In this post-conviction relief (PCR) action, the State argues the PCR court erred in finding Padilla v. Kentucky, 559 U.S. 356 (2010), applied retroactively and granting Ken Lucero's application for PCR. The State also contends the PCR court erred in denying its motion to dismiss on the basis that the application was barred by the statute of limitations and laches. We reverse.

9-16-2015 - Opinions

5353 - Canal Insurance Co. v. National House Movers

In this declaratory judgment action, Canal Insurance Company (Canal) appeals the circuit court's finding that National House Movers, LLC's (NHM) commercial automobile insurance policy provided indemnity coverage for injuries Kevin Jones sustained while working for NHM. The court of appeals disagreed with Canal's contention that Jones was an employee, as opposed to a "temporary worker," and affirmed the circuit court's order.

9-23-2015 - Opinions

5354 - Sifonios v. Town of Surfside Beach

John Sifonios appeals the circuit court's grant of summary judgment in favor of the Town of Surfside Beach (the Town) as to the validity of a lease agreement. Although the Town never signed or delivered the lease agreement, Sifonios asserts that sufficient signatory and delivery acts occurred when the Surfside Beach Town Council (Town Council) approved the proposed form of the lease and posted the minutes recording this approval on its website. We affirm.

5355 - State v. Brown

Lamar Sequan Brown appeals his conviction for first-degree burglary, arguing the trial court should not have admitted evidence obtained from a warrantless search of the contents of his code-locked cell phone. We affirm.

9-30-2015 - Opinions

5356 - Boggero v. SCDOR

Eugenia Boggero, d/b/a Boggero's Portable Toilets, appeals the Administrative Law Court's order, finding the gross proceeds from her portable toilet business were subject to South Carolina sales and use tax. Boggero argues the ALC erred in applying the tax because the "true object" of her business is a service. We affirm.