Supreme Court Published Opinions - December 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.
12-3-2014 - Opinions
The Court affirms as modified the court of appeals' decision in Buist v. Buist, 399 S.C. 110, 730 S.E.2d 879 (Ct. App. 2012), finding that Husband failed to preserve his objection to the family court's award of attorneys' fees to Wife, and setting forth the appropriate procedure to object to an award of attorneys' fees in family court.12-10-2014 - Opinions
27065 - Kiawah Development v. SCDHEC
The Court reverses an administrative law court's decision authorizing Respondent to construct a bulkhead and revetment.
The Court granted certiorari to review the Court of Appeals' decision in S.C. Dep't of Transp. v. Revels, 399 S.C. 423, 731 S.E.2d 897 (Ct. App. 2012), wherein the court affirmed the circuit court's ruling that landowners, who prevailed in a condemnation action, were entitled to attorneys' fees based on an hourly rate rather than a contingency fee agreement. We affirm in part and reverse in part the Court of Appeals as we find a contingency fee agreement is but one factor for the court to consider in determining an award of attorneys' fees under section 28-2-510(B)(1) of the Eminent Domain Procedure Act. Additionally, we remand to the circuit court to conduct the proper statutory analysis.12-23-2014 - Opinions
The Court dismissed the writ of certiorari as improvidently granted.
27471 - In the Matter of Benjamin Jackson Baldwin
This is a disciplinary opinion in which the Court disbars a lawyer.
The Court granted a writ of certiorari to review the Court of Appeals' opinion in State v. Fripp, 397 S.C. 455, 725 S.E.2d 136 (Ct. App. 2012). We dismiss the writ of certiorari as improvidently granted.
This case concerns whether a search warrant affidavit was sufficient to establish probable cause to search a residence. We reverse and remand the decision of the Court of Appeals as it erred in applying a "clear error" standard of review. Applying the proper "substantial basis" standard of review, we find the affidavit was sufficient to establish probable cause.
The Court affirmed the court of appeals as modified, clarifying the proper burden of proof and finding remand was unnecessary, and as such, the Department of Revenue failed to satisfy its burden of proof.