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Supreme Court Seal
South Carolina
Judicial Department
Court of Appeals Published Opinions - September 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.

9-6-2017 - Opinions

5509 - State v. Barnes

On appeal, Barnes argues the trial court erred in (1) denying his motions for severance; (2) admitting the testimony of two jailhouse informants as statements against interest under Rule 804(b)(3), SCRE; and (3) allowing the State to improperly impeach the testimony of his mother, Latoya Barnes. We affirm, finding no error as to issues 1 and 3. As to issue 2, we find the court erred by admitting the jailhouse informants' statements, but find the error was harmless.

9-14-2017 - Opinions

5515 - McKaughan v. Upstate Lung and Critical Care Specialists, P.C.

In this medical malpractice action, Lisa McKaughan, individually and as personal representative of the estate of William Farr, allege the circuit court erred by directing a verdict in favor of Critical Care Specialists and Dr. Sau-Yin Wan (collectively Respondents). McKaughan also alleges the circuit court improperly excluded the testimony of her expert as unreliable. We reverse.

5516 - Charleston County Assessor v. University Ventures, LLC

In this tax reassessment case, the Charleston County Assessor (the Assessor) appeals the administrative law court (ALC) finding the assessed value for 2011 of property owned by University Ventures LLC was incorrect. The Assessor contends the ALC erred in determining (1) the reassessment cycle at issue began in 2005 and (2) the property should be valued as a vacant lot. We affirm in part and reverse in part.

9-27-2017 - Opinions

5504 - John Doe 2 v. The Citadel

In this civil matter, John Doe 2 (Doe) appeals the circuit court's grant of summary judgment to The Citadel, arguing the court erred in dismissing his claims of negligence/gross negligence and outrage. We affirm.

5517 - Kiawah Resort Associates v. Kiawah Island Community Association

In these cross-appeals Kiawah Resort Associates, L.P. (KRA) and Kiawah Development Partners II LLC (KDP II) (collectively Appellants) appeal from the Master-in-Equity's order declining to reform a deed given to Kiawah Island Community Association (KICA). Appellants assert the master erred by refusing to consider KICA's subsequent conduct as evidence of mutual mistake and finding there was no evidence KICA did not intend to accept 4.62 acres of oceanfront property as common area. Kiawah Property Owners Group, Inc. (KPOG) and Inlet Cove Club Homeowners Association (ICCHA) assert the master properly declined to reform the deed, but appeal the master's order finding KPOG and ICCHA did not have standing to participate in the action between Appellants and KICA. We affirm.