Court of Appeals Published Opinions - December 2022
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.
12-7-2022 - Opinions
5955 - State v. Philip Guderyon
Philip Guderyon appeals his conviction for assault and battery of a high and aggravated nature, arguing the circuit court erred in failing to grant his motion for a directed verdict and in instructing the jury on self defense and intent. We affirm.
12-14-2022 - Opinions
5956 - Trident Medical v. SCDHEC (Medical University)
Trident Medical Center, LLC, d/b/a Trident Medical Center (Trident) filed this action against the South Carolina Department of Health and Environmental Control (DHEC) and Medical University Hospital Authority, d/b/a MUSC Radiation Therapy Center - Berkeley County (MUHA) with the Administrative Law Court (ALC), contesting DHEC's approval of MUHA's Certificate of Need application for a new radiation therapy center in Berkeley County. After a contested case hearing, the ALC reversed DHEC's approval and denied the application. MUHA appeals, arguing the ALC erred in (1) exceeding its statutory authority by ruling on the validity and constitutionality of MUSC Strategic Ventures (MSV) and MUSC Health Center Cancer Care Network, LLC (the Network); (2) ruling on issues that were not timely raised; (3) adjudicating the rights of nonparties; (4) determining MSV and the Network were invalid, unconstitutional, or ultra vires entities that must be dissolved; and (5) finding MUHA was not the actual licensee.