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South Carolina
Judicial Department
Court of Appeals Published Opinions - July 2018

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.

7-11-2018 - Opinions

5573 - Skydive v. Horry County

In this appeal from a magistrate's order ejecting Skydive from a hangar at Grand Strand Airport, Skydive asserts the circuit court erred by denying its appeal of the ejectment order because: (1) ejectment was a mandatory counterclaim that should have been pursued in the pending circuit court case; (2) Rule 12(b)(8) required the ejectment be brought with the pending circuit court case; (3) the magistrate improperly applied its rules of court; (4) and the Space Use Permit did not supersede the prior eight-year long lease. Skydive also asserts the circuit court erred in finding its ruling was not automatically stayed during the appeal. We dismiss this appeal as moot.

7-18-2018 - Opinions

5574 - State v. Andrews

In this criminal appeal, Jeffrey Dana Andrews appeals his convictions of voluntary manslaughter and possession of a weapon during the commission of a violent crime. On appeal, Andrews argues the circuit court erred in (1) denying him immunity under the Protection of Persons and Property Act (the Act) due to inconsistent witness testimony, (2) refusing to qualify Investigator Terry Gainey as an expert in interrogation and force science when Gainey was qualified by experience and training, and (3) admitting the testimony of Emergency Medical Technician (EMT) paramedic Kimberly Graham when Graham was not an expert in crime scene investigation and her opinion was highly prejudicial. We affirm in part and reverse in part.

5575 - Builders Mutual v. Bob Wire Electric

Appellants Builders Mutual Insurance Company (Builders Mutual) and Peachtree Electrical Services (Peachtree) sued Respondents Bob Wire Electric, Inc. (Bob Wire) and South Carolina Home Builders Association Self Insurance Fund (HBASIF) in equity on several claims to recover workers' compensation benefits Builders Mutual had provided to claimant Christopher Price, arguing Bob Wire was responsible for Price's injury. The circuit court entered judgment in favor of Respondents. We affirm, finding neither the doctrines of law of the case nor res judicata apply, and Appellants presented insufficient evidence to prevail on any of their claims.

5576 - Oien Family Investments v. Piedmont Municipal Power

In 2015, Oien Family Investments, LLC (OFI) brought this action against Piedmont Municipal Power Agency (Piedmont), seeking to permanently enjoin Piedmont from condemning a portion of its 116-acre property in Newberry County (the Property). In the alternative, OFI sought an order directing Piedmont to reroute its proposed power transmission line along the southern border of the Property. The circuit court denied OFI's request for injunctive relief, granted Piedmont's motion for a directed verdict, and denied the parties' respective requests for attorney's fees and costs. OFI argues the circuit court erred by (1) failing to properly apply Southern Development v. South Carolina Public Service Authority and (2) failing to find Piedmont violated the applicable industry standard in selecting the route for its high voltage transmission line. Finally, OFI challenges certain circuit court findings as erroneous or internally inconsistent. We affirm in part and vacate in part.

7-25-2018 - Opinions

5577 - Jenkins v. Refuge Temple Church of God in Christ

The Refuge Temple Church of God in Christ, Inc. (the Church) appeals from the circuit court's order granting judgment to Delories Jenkins for breach of contract, arguing the circuit court erred in (1) ruling on this case because civil courts lack subject matter jurisdiction to rule on ecclesiastical matters; (2) finding the alleged contract at issue was properly executed and approved; and (3) finding the Church waived its objections by operating pursuant to the alleged contract for several years. We reverse.

5578 - The Estate of James Brown v. Sojourner

In this case involving the estate of James Brown, six of Brown's children appeal from the trial court's grant of Tommie Ray Brown's (Respondent) motion for summary judgment, arguing the trial court erred in finding the marriage between Respondent and Brown was not bigamous. We affirm.