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Supreme Court Seal
South Carolina
Judicial Department
Supreme Court Published Opinions - August 2012

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.

8-1-2012 - Opinions

27149 - In the Matter of George Thomas Samaha, III

This is an attorney disciplinary matter in which the Court has imposed a definite suspension of one year.

27150 - In the Matter of George E. Lafaye, III

This is an opinion disbarring a lawyer.

27151 - In the Matter of Charles Thomas Brooks, III

This is an opinion publicly reprimanding ia lawyer.

27152 - In the Matter of Robert E. Hemingway, Sr.

This is an opinion disbarring a lawyer.

27153 - Bone v. U.S. Food Service

This Court has granted a writ of certiorari to review a decision of the Court of Appeals dismissing this workers' compensation appeal on the basis it is interlocutory.

27154 - Milliken & Company v. Morin

Milliken & Company sued Brian Morin after he resigned and started a new venture using Milliken's proprietary information alleging Morin breached the confidentiality and invention assignment agreements he entered into with Milliken. A jury found for Milliken, and the court of appeals affirmed. Milliken & Co. v. Morin, 386 S.C. 1, 11-12, 685 S.E.2d 828, 834-35 (Ct. App. 2009). The Court held these agreements were not overbroad as a matter of law and affirmed as modified.

8-8-2012 - Opinions

27155 - Weston v. Kim's Dollar Store

The Court affirms the court of appeals to the extent partial summary judgment was granted on claims that would be preempted by FDA requirements and remands for further proceedings.

27156 - Alltel v. SCDOR

The Court reverses the court of appeals and reinstates the ALC's grant of summary judgment in favor of Petitioners, finding the term "telephone company" in a tax statute is ambiguous and any doubt must be resolved in favor of the taxpayer.

8-15-2012 - Opinions

27157 - RFT Management Co. v. Tinsley & Adams

Appellant brought this action against Respondents based on their legal representation of Appellant during the closing of its purchase of two real estate investment properties in Greenwood County. We affirm.

27158 - In the Matter of William Koatesworth Swope

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

27159 - Doe v. State

The Court grants declaratory relief in part, finding that a juvenile "adjudication" is the equivalent of a "conviction" under S.C. Code Ann. section 24-21-940 (2007), for purposes of entitlement to seek a pardon from the South Carolina Department of Probation, Parole and Pardon Services.

27160 - Mims v. Babcock Center

The Court considers the application of S.C. Code Ann. section 15-3-20(B) (2005) and finds it does not require service of a complaint to be made within 120 days of filing in all cases.

8-22-2012 - Opinions

27139 - Dutch Fork Development v. SEL Properties

Appellant contends that he, as the manager of the limited liability company, cannot be held individually liable in tort for a contract that was breached by the LLC. We find that Appellant was entitled to a directed verdict as to the claim of tortious interference with a contract.

8-29-2012 - Opinions

27161 - Ballard v. Roberson

The Court affimed the circuit court's order finding that Andrew Ballard, as a minority shareholder of Warpath, Development, Inc., had been oppressed pursuant to Section 33-14-300(2)(ii) of the South Carolina Code (2006) and ordering the purchase of his shares at fair market value. The Court also affirmed the holding requiring the majority shareholders place 60,000 shares of Warpath stock in escrow.

27162 - In the Matter of Lawrence J. Purvis

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

27163 - In the Matter of Christopher Lance Sheek

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

27164 - In the Matter of William Ashley Boyd

This is a disciplinary opinion in which the Court disbarred a lawyer.

27165 - State v. Gracely

Appellant was convicted of conspiracy to traffic four hundred or more grams of methamphetamine and sentenced to twenty-eight years' imprisonment. The Supreme Court, Toal, C.J., held that trial court improperly limited the scope of defense counsel's cross-examination of the State's witnesses.

27166 - Arrow Bonding Company v. Warren

The Court affirmed a master's order declining to set aside a judicial sale.

27167 - Fleming v. State

The Supreme Court held the PCR judge erred in finding a PCR applicant must show an appeal would likely have merit in order to show he was denied his right to a direct appeal. However, because there were no objections below to preserve issues for appellate review, the Court found the error was harmless.