Court of Appeals Published Opinions - April 2017
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.
4-5-2017 - Opinions
5478 - Argoe v. Three Rivers Behavioral Health
In this medical malpractice action, Martha Lewin Argoe asserts the circuit court erred in granting all respondents summary judgment. We affirm.
Mark M. Sweeney (Husband) appeals the family court's final divorce decree, arguing the court erred in (1) awarding alimony to Irene M. Sweeney (Wife), (2) apportioning nonmarital property, (3) miscalculating the amount of rental proceeds he deposited in the parties' joint account during the pendency of litigation, (4) holding him in contempt, and (5) awarding Wife attorney's fees. Wife cross-appeals, asserting the family court erred in (1) failing to impute her income at the minimum wage, (2) awarding an insufficient amount of alimony, (3) overvaluing marital property, (4) crediting Husband for rental proceeds, and (5) failing to consider all of the necessary factors in determining her attorney's fees. We affirm in part and reverse in part.
4-26-2017 - Opinions
5480 - Taylor v. Heirs of William Taylor
This case involves a property dispute between families competing for ownership of a ten acre tract of land in Beaufort County. The master-in-equity granted title for the entire tract to Respondents Maxine Taylor, Stanley Taylor, Joe Taylor, and Martha Brown. Appellants appealed arguing (1) the master erred by finding Respondents owned the entire tract; (2) they established title to portions of the tract by adverse possession; (3) they were entitled to a presumption of a grant for portions of the tract; and (4) the boundary line was mutually recognized and acquiesced for ten years. We reverse the master's order based on Appellants' adverse possession argument.
5481 - South Carolina Community Bank v. Salon Proz
Salon Proz, LLC (Salon), appeals the master-in-equity's order denying Salon's motion to transfer the case to the general jury docket. Salon argues (1) it did not waive its jury trial demand, (2) the clerk of court lacked the authority to refer the case, (3) if the clerk had the authority to refer the case, the clerk erred in doing so, and (4) a return to the jury docket is required because Salon's amended answer demands a jury trial and creates new issues of fact. We reverse and remand.