Supreme Court Published Opinions - December 2002
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.
12-2-2002 - Opinions
25563 - Denene, Inc. v. City of Charleston
This opinion addresses whether a state statute preempts a municipal ordinance.
It was error to charge the “orders of another” jury instruction when the instruction was not implicated by the facts in the case.12-9-2002 - Opinions
25565 - South Carolina Department of Consumer Affairs v. Rent-A-Center, Inc.
This case reviews a Court of Appeals decision which held that liability damage waiver fees are not prohibited by the Consumer Protection Code.
25566 - Fraternal Order of Police, et.al. v. South Carolina Department of Revenue
Fraternal Order of Police et. al. challenge the constitutionality of the Bingo Act of 1989, and two additional bingo statutes enacted after the 1989 Act, S.C. Code Ann. sections 12-21-3441 and 12-21-3610 (Supp. 1995).12-16-2002 - Opinions
Laches may be pled in a post-conviction relief action where the applicant seeks relief pursuant to Austin v. State.
This case addresses the procedure to be followed when a minor wished to testify outside the presence of the defendant in a family court intervention proceeding.
25569 - Bodie-Noell v. Magnolia
This case involves the issue of whether breach of contract damages can be recovered where a party exercised its option to cancel under the contract.12-23-2002 - Opinions
25570 - In the Matter of Bennett
Opinion definitely suspending attorney for eight months for failing to maintain proper control over his trust account, failing to maintain his trust account according to Rule 417, SCACR, and failing to act with reasonable diligence and promptness in representing a client.12-30-2002 - Opinions
For purposes of S.C. Code Ann. § 38-77-170 (2) (Supp. 2001), a witness’s sworn trial testimony is not the functional equivalent of a sworn affidavit.