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South Carolina
Judicial Department
Supreme Court Published Opinions - June 2011

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.

6-6-2011 - Opinions

26981 - Boiter v. SCDOT and SCDPS

The Boiters were in a car accident at an intersection and sued the South Carolina Department of Transportation and the South Carolina Department of Pubilc Safety for negligence in failing to prevent the accident. Hearn, J., found that the statutory cap on damages met the rational basis test, but that the Boiters should have been compensated for two occurrences instead of just one occurrence.

26982 - McConnell v. Haley

6-13-2011 - Opinions

26983 - In the Matter of William Edwin Griffin

This is a disciplinary opinion in which the Court publicly reprimands a lawyer.

26984 - Doe v. Bishop of Charleston

The Court dismissed the appeal as moot.

26985 - Rockville Haven v. Town of Rockville

The Court reversed a circuit court order which upheld a municipal decision denying appellants the right to construct a dock and walkway.

26986 - Edward Sloan v. Friends of the Hunley

This is an appeal challenging an award of attorney fees pursuant to the Freedom of Information Act.

6-20-2011 - Opinions

26987 - Judy v. Judy

We granted a petition for a writ of certiorari to review the decision in Judy v. Judy, 383 S.C. 1, 677 S.E.2d 213 (Ct. App. 2009), in which the Court of Appeals found res judicata barred Petitioner's tort suit for waste of real property. We affirm.

26988 - Cole Vision v. Hobbs

The Court reversed the court of appeals, finding that the tort of negligent spoliation is not a viable cause of action in this state.

26989 - Cabiness v. Town of James Island

The Court held that the Town of James Island's petition for incorporation was not sufficient because it did not adequately apprise the voters of what properties were to be included within the town's proposed boundaries. Accordingly, the Court reversed the circuit court. However, in the interests of judicial economy, the Court held the incorporation statutes in question were not unconstitutional special legislation and provided an interpretation of the word

26990 - Risher v. SCDHEC

In this appeal concerning a permit to construct a bridge over wetlands, the Court affirmed the ALC's qualification of witnesses and found the ALC's order supported by substantial evidence.

6-20-2011 - Orders

ORDER - In the Matter of William Ashley Boyd, Petitioner.
6-21-2011 - Opinions

26991 - Brown v. Howard

In this case, the Court considered the denial of a request for attorney's fees.

6-27-2011 - Opinions

26992 - Barber v. State

The Court granted a writ of certiorari to provide Sammyeil B. Barber, the criminal defendant in this post-conviction relief case, with a belated appeal pursuant to White v. State, 263 S.C. 110, 208 S.E.2d 35 (1974). The issue on appeal concerns the circuit court judge's jury charge on accomplice liability. The defendant argues the charge was improper because it was unsupported by the evidence presented at trial. The Court disagrees and finds the evidence was equivocal on which robber shot the victims; therefore, the charge was properly supported by the evidence presented at trial.

26993 - Doe v. Walmart

The Court affirmed the circuit court's grant of summary judgment in favor of Wal-Mart.

26994 - State v. Fonseca

The Court affirmed the decision of the Court of Appeals.

26995 - In the Matter of James Carl Miller

This Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in In the Matter of the Care and Treatment of Miller, 385 S.C. 539, 685 S.E.2d 619 (Ct. App. 2009), in which the Court of Appeals affirmed the circuit court’s denial of Miller’s motion to dismiss the State’s civil commitment case under the Sexually Violent Predator Act (SVPA). We affirm the decision of the Court of Appeals and clarify certain procedural aspects of the SVPA.

6-27-2011 - Orders

ORDER - In the Matter of William Gary White, III, Respondent.
Respondent was suspended on March 7, 2011, for a period of ninety (90) days. 
ORDER - In the Matter of Derwin Thomas Brannon, Petitioner.
On July 13, 2009, the Court definitely suspended petitioner from the practice of law for one (1) year, retroactive to April 30, 2008, the date of his interim suspension.