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Supreme Court Seal
South Carolina
Judicial Department
Court of Appeals Published Opinions - January 2023

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.

1-4-2023 - Opinions

5957 - SCDSS v. Brian Frank

5958 - Nancy Miramonti v. Richland County School District One

1-11-2023 - Opinions

5959 - Dottie R. Bell v. John C. Bentley

In this personal injury action, Dottie R. Bell appeals the circuit court's order denying her motion to substitute the estate of John C. Bentley as the defendant pursuant to Rule 25(a)(1), SCRCP. Bell argues the circuit court erred in finding she failed to seek substitution within a reasonable time. We reverse.

5960 - State v. Kenneth Lamont Robinson, Jr.

In this criminal appeal, Kenneth L. Robinson, a juvenile, appeals his convictions for murder and attempted murder. Specifically, Robinson argues the trial court erred in (1) refusing to remand jurisdiction to the family court, (2) admitting gang related evidence throughout trial, (3) failing to instruct the jury on the lesser included offense of voluntary manslaughter, (4) failing to instruct the jury to consider Robinson's age during its deliberations, and (5) sentencing Robinson to fifty years' imprisonment. We affirm in part, reverse in part, and remand.

1-18-2023 - Opinions

5961 - State v. Tony O. Singleton

Tony O. Singleton appeals his conviction for first-degree criminal sexual conduct with a minor (Victim). Singleton contends that the trial court erred in (1) admitting into evidence a photograph of Victim taken when she was ten years old; (2) denying his mistrial motion; and (3) failing to instruct the jury on third-party guilt. We affirm.

1-25-2023 - Opinions

5962 - Whitfield v. SCDOR

In this appeal from the administrative law court (the ALC), Shirley Whitfield, individually and as the personal representative for the estate of William Whitfield, argues the ALC erred in granting the South Carolina Department of Revenue's (the Department) motion to dismiss Whitfield's request for a contested case hearing due to Whitfield's alleged failure to exhaust her administrative remedies. We affirm.

5963 - The Estate of Mary Solesbee v. Fundamental Clinical

In this wrongful death and survival action alleging nursing home negligence, Fundamental Clinical and Operational Services, LLC; Fundamental Administrative Services, LLC; and THI of South Carolina at Magnolia Manor-Inman, LLC d/b/a Magnolia Manor-Inman (collectively, Appellants) appeal the trial court's denial of Magnolia's motion to compel arbitration. Appellants argue the trial court erred in (1) denying Magnolia's motion to compel arbitration and (2) denying Fundamental's motions to stay this lawsuit pending arbitration of the claims against Magnolia. We affirm.

5964 - Santos v. Harris Investment

In this appeal, Aracelis Santos argues the circuit court erred in granting Harris Investment Holdings, LLC's (HIH) motion to dismiss Santos's complaint pursuant to Rule 12(b)(6), SCRCP. We affirm.