Supreme Court Published Opinions - February 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.
2-5-2014 - Opinions
27356 - City of Myrtle Beach v. Tourism Expenditure Review Committee
The Court reverses the decision of the Administrative Law Court and finds certain tourism-related expenditures did not comply with the South Carolina Accommodations Tax Act.2-5-2014 - Orders
ORDER - In the Matter of William Thomas Moody
The Office of Disciplinary Counsel asks this Court to place respondent on interim suspension pursuant to Rule 17 of the Rules for Lawyer Disciplinary Enforcement (RLDE) contained in Rule 413 of the South Carolina Appellate Court Rules (SCACR).2-26-2014 - Opinions
The Court affirms the decision of the trial court that the police had a reasonable suspicion to detain Petitioner and that the evidence found in the car was admissible pursuant to a search incident to a lawful arrest.
The Court held it is reversible error to refuse a lesser-included offense charge on assault and battery in the first degree when the defendant shot at but caused no injury to the victim, but any error in refusing to charge the lesser-included offense was harmless beyond a reasonable doubt under the facts of this case.
27359 - Wachovia Bank v. Blackburn
The Court affirms the portion of the court of appeals' opinion finding jury trial waivers in a loan document were executed knowingly and voluntarily, but reverses the portion of the court of appeals' opinion finding that the outrageous and unforeseeable torts exception to arbitration applies in the jury trial waiver context, finding instead that Respondents waived their right to a jury trial on all of their counterclaims.
27360 - Beach First National Bank v. Estate of Gurnham
Brian Hover (Hover), who is the son of Margaret Dever Hover Gurnham and the Personal Representative of her Estate, appeals the circuit court's order confirming the probate court's grant of summary judgment in favor of Beach First National Bank (Bank) to enforce a deficiency judgment against the Estate. Hover asserts the Bank's claim, which arose following a foreclosure action, was untimely and, thus, barred by section 62-3-803 of the South Carolina Probate Code (Probate Code). We hold the Bank's claim is barred as it was presented outside the time limits of the nonclaim statute. Accordingly, we reverse the grant of summary judgment in favor of the Bank.2-26-2014 - Orders
ORDER - In the Matter of Robert Paul Taylor
The Office of Disciplinary Counsel asks this Court to place respondent on interim suspension pursuant to Rule 17(b) of the Rules for Lawyer Disciplinary Enforcement (RLDE) contained in Rule 413 of the South Carolina Appellate Court Rules (SCACR) and to appoint the Receiver to protect the interests of respondent's clients pursuant to Rule 31, RLDE, Rule 413, SCACR.