Court of Appeals Published Opinions - December 2016
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.
12-7-2016 - Opinions
5458 - Turner v. SAIIA Construction
William Lee Turner appeals the Appellate Panel of the South Carolina Workers' Compensation (the Commission) decision and order denying him benefits under the Workers' Compensation Act (the Act). Turner argues the Commission erred in: (1) failing to apply the presumption that his injury arose out of and in the course of employment; (2) affirming the single commissioner's findings of fact; (3) finding he did not establish a cause for his accidental injury; and (4) allowing Respondents to draft the Commission's order. We affirm.
Susan B. Thompson appeals the family court's order finding the existence of a common law marriage between her and A. Marion Stone, III. We dismiss.
12-21-2016 - Opinions
5460 - Mead v. Beaufort County Assessor
In this appeal from the administrative law court (ALC), the Beaufort County Assessor appeals the ALC's reversal of the Assessor's determination Frank Mead, III was not eligible for the homestead exemption in 2011 because for over fourteen days that year he rented out the home he owned. The Assessor contends the ALC erred in finding the primary residence classification and homestead exemption are unrelated. We affirm as modified.
On appeal from the ALC, the court of appeals holds the service caps in the state's waiver program were not required to be promulgated as regulations to carry the force and effect of law and concludes Myers was not denied due process by DHHS's inadequate notice. However, based on the substantial evidence in the record, the court finds the ALC erred in concluding Myers' reduction in services did not pose a substantial risk of institutionalization. Consequently, the court of appeals concludes Myers' case should be remanded for a consideration of the appropriate services to be provided without reference to the restrictions in the waiver program.
5462 - In the Matter of the Estate of Eris Singletary Smith
Eris Gail Smith (Smith) appeals the circuit court's order granting summary judgment to her sister, Judy Jones, in a dispute over the will of their deceased mother, Eris Singletary Smith (the Testator). On appeal, Smith argues (1) the circuit court prematurely granted summary judgment before the parties had a full and fair opportunity to complete discovery and (2) summary judgment was improper because genuine issues of material fact existed regarding the presence of undue influence and fraudulent inducement in the execution of the Testator's purported will. Affirmed.
12-30-2016 - Opinions
Tiada Nelson (Mother) appeals the family court's order terminating her parental rights to her three minor children. On appeal, Mother argues the family court erred in (1) denying her motion for a continuance, (2) finding clear and convincing evidence supported the statutory grounds for termination of parental rights (TPR), and (3) finding TPR was in the children's best interest. We reverse and remand.