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

9-6-2023 - Opinions

6024 - Robin G. Reese v. State

Robin Gray Reese appeals the order denying her request for post-conviction relief (PCR). Reese contends the PCR court erred in finding she was not prejudiced by being shackled during much of the trial, including when she walked to and from the witness stand. She also maintains the PCR court erred in finding trial counsel was not ineffective for failing to object to the certain testimony of the lead investigator regarding the guilt of multiple parties in the case. We reverse and remand.

6025 - Gerald Nelson v. Christopher S. Harris

In this action arising from a motor vehicle accident, Gerald Nelson argues the circuit court erred in failing to charge the jury regarding its obligation to disregard insurance coverage both before and after the jury sent a note stating, "We need to know what insurance has been paid for/from both parties." Nelson further challenges the circuit court's denial of his post-trial motion for a new trial absolute or new trial nisi additur. We affirm.

9-13-2023 - Opinions

6026 - Jonathan Mart v. Great Southern Homes, Inc.

Great Southern Homes, Inc. (GSH) appeals the circuit court's order denying its motion to dismiss and compel arbitration in this action brought by Johnathan Mart, individually and on behalf of other similarly situated homeowners. Mart entered a contract with GSH to purchase a custom-built home and later brought this action for breach of contract, breach of the implied covenant of good faith and fair dealing, and unjust enrichment. Mart also seeks declaratory relief to address two questions: 1) the validity of GSH's contract provision requiring a home buyer to waive the implied warranty of habitability without separate consideration, and 2) the validity of GSH's effort to transfer its warranty obligations to a third party upon the closing of the transaction. Pursuant to our supreme court's holding in Damico v. Lennar Carolinas, LLC, 437 S.C. 596, 604-05, 879 S.E.2d 746, 751 (2022), cert. denied, 143 S. Ct. 2581 (2023), we reverse and remand for arbitration.

6027 - Ex Parte: Trustgard Insurance Company v. Full Logistics, Inc.

This cross-appeal arises out of the circuit court's grant of Trustgard Insurance Company's motion to intervene and denial of Trustgard's motion to set aside default judgment. Trustgard appeals the denial of its motion to set aside the default judgment, and Terence Graham appeals the grant of the motion to intervene. We affirm.