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South Carolina
Judicial Department
Supreme Court Published Opinions - November 2008

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.

11-3-2008 - Opinions

26558 - In the Matter of Ernest E. Yarborough

In this case, the Court disbars respondent retroactively from the date of his interim suspension.

26559 - Drury Development v. Foundation Insurance

In this case, the court accepted two certified questions from the United States District Court for the District of South Carolina, involving a plaintiff who seeks to pierce the corporate veil in order to hold a liquidated corporation’s parents and shareholders liable for the corporation’s obligations. The first question asks whether a judgment against the corporation is a prerequisite to an alter ego claim. The second question asks whether a plaintiff is precluded from bringing an alter ego claim against shareholders and officers of a corporation if it fails to either obtain a judgment against the corporation prior to its liquidation or present its claim to the liquidator as a creditor of the corporation subject to liquidation pursuant to the South Carolina Insurers Rehabilitation and Liquidation Act, S.C. Code Ann. § 38-27-10, et seq. (2002) (“the Act”). The court holds that a judgment against the corporation is not a prerequisite to an alter ego claim, and therefore does not reach the second question.

26560 - Skinner v. Westinghouse Electric

Under the applicable law in 2006, the thirty-day deadline did not apply to service of a notice of appeal on an agency. Therefore, the circuit court erred in holding it lacked subject matter jurisdiction as a result of Westinghouse’s failure to serve the commission within thirty days of the filing of the appeal.

11-10-2008 - Opinions

26561 - In the Matter of Janis B. Powell

This is a lawyer disciplinary opinion in which the Court imposed a public reprimand.

26562 - In the Matter of Donald Neils Sorenson

This is a lawyer disciplinary opinion in which the Court imposed a public reprimand.

11-10-2008 - Orders

ORDER - In the Matter of William E. Walsh
This is an order placing an attorney on interim suspension.
ORDER - In the Matter of Mark V. Evans
This order reinstates Mark V. Evans to the practice of law in this state.
11-17-2008 - Opinions

26563 - ATC South v. Charleston County

ATC lacks standing to challenge a zoning change on the basis of increased competition.

11-24-2008 - Opinions

26564 - Robinson v. State

In this case, the Court reverses the PCR court’s order denying relief and remands for resentencing.

26565 - Bennett v. State

In this original jurisdiction matter, we hold our recent decision in State v. McGrier, 378 S.C. 320, 663 S.E.2d 15 (2008), is to be applied retroactively.

26566 - Garnett v. WRP Enterprises

In this insurance contract interpretation case, we hold the Court of Appeals erred in finding the Philadelphia contract provided excess coverage to Williams. Reviewing these unambiguous contracts in concert with each other, we hold Philadelphia’s higher coverage rate was not implicated.

26567 - McMillan v. SC Department of Agriculture

The Court reversed the Court of Appeals, and held that the respondent farmers were not entitled to recover from the Warehouse Receipts Guaranty Fund.

11-24-2008 - Orders

ORDER - In the Matter of William Gary White, III
ORDER - In the Matter of William E. Walsh
This is an order relieving a lawyer appointed to serve as an attorney to protect client's interests.
ORDER - Rule 25 of the South Carolina Rules of Civil Procedure (SCRCP)
ORDER - Amendments to the South Carolina Appellate Court Rules
The Court has amended Rule 403, SCACR, to allow students who complete a judicial observation and experience program approved by the Chief Justice's Commission on the Profession to receive one Rule 403 trial experience credit for completing the program.