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South Carolina
Judicial Department
Court of Appeals Published Opinions - March 2024

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.

3-6-2024 - Opinions

6042 - Renewable Water Resources v. Insurance Reserve Fund

In this action for recovery under an insurance policy, the Insurance Reserve Fund (the Fund) appeals the findings of the master in equity, arguing the master erred by (1) finding coverage and making an award for covered loss under the Building and Personal Property Policy (the Policy) issued by the Fund; (2) wrongly interpreting and applying regulations governing land application of biosolids and the National Pollutant Discharge Elimination System (NPDES) permits issued to Renewable Water Resources (ReWa); (3) failing to make specific findings of fact and conclusions of law; (4) allowing inadmissible summary exhibits; (5) failing to consider the Policy's $3,000 deductible per occurrence; and (6) denying the Fund's new trial motion. We affirm in part, reverse in part, and remand for further findings in accordance with this opinion.

3-13-2024 - Opinions

6052 - Thomas Contreras v. St. John’s Fire District

Thomas Contreras appeals an order from the Appellate Panel of the South Carolina Workers' Compensation Commission (the Appellate Panel) that awarded him permanent partial disability (PPD) compensation for a single member as a result of an injury to his right shoulder. On appeal, Contreras contends the Appellate Panel erred in making a single member disability award when the evidence showed his disability should have been awarded under the loss of earnings capacity statute. He argues the Appellate Panel erred in limiting compensation to injury for the shoulder, despite overwhelming evidence of injury to multiple scheduled body parts. Additionally, he asserts that on remand, the Appellate Panel erroneously substituted its judgment for the previous Appellate Panel. We affirm.

3-20-2024 - Opinions

6048 - Catherine Gandy v. John Gandy, Jr.

In this domestic matter, John W. Gandy, Jr. (Father) appeals an order of the family court, arguing the family court erred in (1) awarding Catherine C. Gandy (Mother) primary custody of the parties' children and (2) awarding Mother alimony. We affirm in part and reverse in part.

3-27-2024 - Opinions

6054 - James L. Braswell, Sr. v. James F. Amick (2)

In this declaratory judgment action, James F. Amick argues the circuit court erred in finding James L. Braswell, Sr. had an appurtenant prescriptive easement across Amick's land. Amick contends the circuit court used an incorrect test in declaring the existence of the easement and failed to make findings necessary to show Braswell's "use of the dirt road was open and notorious by clear and convincing evidence." We affirm.