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South Carolina
Judicial Department
Supreme Court Published Opinions - December 2009

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.

12-7-2009 - Opinions

26746 - State v. Tucker

We dismiss as improvidently granted the petition for a writ of certiorari to review the Court of Appeals decision in State v. Tucker, 376 S.C. 412, 656 S.E.2d 403 (Ct. App. 2008).

26747 - Bluffton Town Council Elections v. Jeff Fulgham

In this case, Petitioners challenged the results of a municipal election based on irregularities discovered in the voting rolls. The county election board voted to hold a new election, and Respondents appealed to the State Election Commission. The Commission overturned the decision of the county election board. We granted Petitioners’ petition for writ of certiorari and vacate the decision below.

12-14-2009 - Opinions

26748 - Floree Hooper v. Ebenezer Senior Services and Rehabilitation Center

Floree Hooper, as personal representative of her husband's estate, appeals from an order finding her claims for wrongful death and survival were untimely made.

12-21-2009 - Opinions

26710 - King v. American General Finance

In this case, Lois King and Deloris Sims, on behalf of themselves and those similarly situated, brought an action against American General Finance alleging the loan company violated the attorney preference statute by failing to timely ascertain the borrower’s preference for legal counsel. S.C. Code Ann. 37-10-102. King and Sims appeal the class decertification and the dispositions of their individual cases. We reverse and remand.

26749 - Mikell v. County of Charleston

Issue on certiorari is whether zoning ordinance for Planned Development on Edisto Island is valid.

26750 - State v. Herring

Appeal from murder conviction. Issues involve suppression of evidence and testimony concerning videotape.

26751 - State v. Anderson

We affirm the decision of the Court of Appeals in State v. Anderson, 378 S.C. 243, 662 S.E.2d 461 (Ct. App. 2008), in which the Court of Appeals affirmed Anderson's conviction and sentence for first-degree burglary after concluding the trial judge properly admitted a fingerprint card identified as belonging to Anderson.

26752 - In the Matter of an Anonymous Member of the South Carolina Bar

This is an attorney disciplinary matter in which the Court dismisses one charge and issues a Letter of Caution as to a second charge.

26753 - LaSalle Bank v. Davidson

We hold that an attempt to conduct a hearing without a judge violates due process and is a nullity. We vacate the judgment of the trial court and remand for a hearing.

26754 - Sapp & Smith v. Ford Motor Company

In these combined appeals, Appellants brought suit against Respondent Ford Motor Company, seeking relief for losses suffered when their F-150 trucks caught on fire. The trial courts found the economic loss rule precluded Appellants’ tort claims and ruled in favor of Ford Motor Company. The lower courts’ rulings are affirmed in result, and Colleton Preparatory Academy, Inc. v. Hoover Universal Inc., 379 S.C. 181, 666 S.E.2d 247 (2008) is overruled to the extent it expands the narrow exception to the economic loss rule articulated in Kennedy v. Columbia Lumber & Mfg. Co., 299 S.C. 335, 384 S.E.2d 730 (1989).

26755 - Dervin v. State

Issue is whether trial counsel was ineffective in failing to object to Dervin’s twenty-five year sentence for trafficking more than 200 grams of cocaine when the trial judge only charged the jury to consider whether she was guilty of trafficking ten or more grams of cocaine.