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Supreme Court Seal
South Carolina
Judicial Department
Supreme Court Published Opinions - October 2014

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.

10-1-2014 - Opinions

27449 - In the Matter of Shirley Johnson

This is a disciplinary opinion in which the Court publicly reprimands a municipal court judge.

27450 - D. R. Horton, Inc. v. Wescott Land Company

The Court vacates a portion of the Court of Appeals' opinion regarding petitioners' slander of title claim and affirms the Court of Appeals' opinion as modified.

27451 - In the Matter of Eric Reed Martin

This is an opinion in which the Court suspends a lawyer.

10-1-2014 - Orders

ORDER - In the Matter of William Isaac Diggs
ORDER - In the Matter of Justin John Trapp
10-3-2014 - Opinions

27423 - Wilkinson v. East Cooper

In this medical malpractice case, we hold that Appellant could invoke section 15-36-100(C)(1) of the South Carolina Code, which extended the time for filing the expert witness affidavit with her Notice of Intent to File Suit ("NOI") and tolled the applicable statute of limitations. Additionally, we hold the circuit court erred in dismissing Appellant's civil action as the expert affidavit filed with the NOI satisfied the statutory requirements of section 15-36-100 and, thus, it was not necessary to file a second expert affidavit in the same civil action. Accordingly, we reverse the circuit court's order and remand the case for further proceedings.

10-8-2014 - Opinions

27452 - State v. Coaxum

The Court reverses the court of appeals' determination that the trial court abused its discretion in remedying a juror's unintentional nondisclosure during voir dire by replacing the juror in the middle of Respondent's trial.

10-8-2014 - Orders

ORDER - In the Matter of Amy Landers May
The Office of Disciplinary Counsel petitions the Court to transfer respondent to incapacity inactive status pursuant to Rule 28 of the Rules for Lawyer Disciplinary Enforcement (RLDE) contained in Rule 413 of the South Carolina Appellate Court Rules (SCACR).
10-15-2014 - Opinions

27453 - In the Matter of William Thomas Moody

This is a disciplinary opinion in which the Court disbars a lawyer from the practice of law.

10-22-2014 - Opinions

27454 - Jamison v. State

In this post-conviction relief matter, the Court reverses the court of appeals' decision and finds post-conviction relief on the basis of newly discovered evidence was improperly granted.

27455 - AJG Holdings v. Dunn

The Court affirms the court of appeals' decision in AJG Holdings, LLC v. Dunn, 392 S.C. 160, 708 S.E.2d 218 (Ct. App. 2011).

27456 - SC Energy Users Committee v. SCE&G

The Court affirms the decision of the Public Service Commission, finding the Commission applied the proper section of the Baseload Review Act, that the Commission was not required to consider the prudency of the entire project when considering an application for updated capital cost and construction schedules, and that the Commission's orders were supported by substantial evidence in the record.

10-29-2014 - Opinions

27457 - Bordeaux v. State

We granted certiorari to review the Court of Appeals' decision in Bordeaux v. State, Op. No. 2012-UP-284 (S.C. Ct. App. filed May 9, 2012). We affirm in part, and reverse in part the Court of Appeals as we find Bordeaux's unambiguous plea colloquy controls as a matter of law over the ambiguous sentencing sheets. Therefore, we find as a matter of law Bordeaux was properly sentenced to twenty-five years' imprisonment

27458 - SC Property v. Brock

The Court construed the Guaranty Act's exhaustion provision, S.C. Code Ann. ยง 38-31-100(1).

27459 - In the Matter of Nathan Jardine

This is an opinion in which the Court imposes discipline on a lawyer.

27460 - Fabian v. Lindsay

Today we recognize a cause of action, in both tort and contract, by a third-party beneficiary of an existing will or estate planning document against a lawyer whose drafting error defeats or diminishes the client's intent.

27461 - State v. Heller

The Court granted certiorari to review the Court of Appeals' decision in State v. Heller, 399 S.C. 157, 731 S.E.2d 312 (Ct. App. 2012). The Court dismissed the writ of certiorari as improvidently granted.