Court of Appeals Published Opinions - November 2021
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.
11-3-2021 - Opinions
5869 - Howell v. Covalent Chemical, LLC
In this action under the South Carolina Payment of Wages Act, Appellant Glenn P. Howell (Employee) seeks review of the circuit court's order dismissing the action for improper venue. Employee argues the circuit court erred by (1) misinterpreting the forum selection clause in the parties' employment agreement; (2) failing to apply section 15-7-120(A) of the South Carolina Code (2005) to override the forum selection clause; (3) applying the agreement's choice of law provision when it violated the policies expressed in section 15-7-120(A) and the Payment of Wages Act; and (4) failing to consider forum non conveniens. We reverse.
11-10-2021 - Opinions
5870 - Brinkman v. Weston & Sampson Engineers, Inc.
In this civil action, property owners (Owners) Modesta and David Brinkman, Carl and Karen Foster, James Coleman, and Robert Collins, appeal the circuit court's order granting summary judgment in favor of the City of Columbia as to Owners' claims that the City violated section 16-11-780 of the South Carolina Code (2015) by destroying an archaeological resource on their property. We affirm.
11-24-2021 - Opinions
5871 - Encore Technology Group, LLC v. Keone Trask & Clear Touch
This is a consolidated appeal of two cases. We heard them in conjunction with a third case. All three arise out of a dispute between Encore Technology Group, LLC (Encore) and Keone Trask.
5872 - State v. Jonathan S. Ostrowski
Jonathan Ostrowski (Appellant) was convicted in 2018 of: (1) trafficking methamphetamine, (2) possession of a weapon during the commission of a violent crime, (3) possession of a handgun by a person convicted of a crime of violence,1 and (4) possession of a handgun with the serial number obliterated. He challenges his convictions on seven grounds, ranging from a motion to suppress to improper jury instructions. We reverse Appellant's convictions on methamphetamine trafficking and possession of a weapon during the commission of a violent crime;2 affirm his convictions for possession of a handgun by a person convicted of a crime of violence and possession of a handgun with the serial number obliterated; and remand for a new trial on the reversed convictions.