Supreme Court Published Opinions - October 2015
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.
10-7-2015 - Opinions
In this domestic relations matter, the Court affirms the family court's inclusion of enterprise goodwill in the marital estate; modifies the valuation and equitable division award; and reverses the family court's award to Husband of expert witness fees.
27580 - Proctor v. Whitlark & Whitlark
This Court granted certiorari to review the Court of Appeals' decision in Proctor v. Whitlark & Whitlark, Inc., 406 S.C. 225, 750 S.E.2d 93 (Ct. App. 2013), which held that one engaged in illegal gambling may recover under the South Carolina Unfair Trade Practices Act ("UTPA") for losses sustained by illegal gambling. We find our Legislature has enacted specific gambling loss statutes as the exclusive remedy for a gambler seeking recovery of losses sustained by illegal gambling and, thus, one engaged in illegal gambling cannot recover under UTPA. However, based on the distinct facts of this case, we find that Respondent may pursue the portion of her UTPA claim for the losses she alleged that she sustained between 1999 and July 1, 2000, the day on which the ban on video poker became effective.10-14-2015 - Opinions
The Court dismisses certiorari as improvidently granted.
27582 - In the Matter of Douglas M. Schmidt
This is a disciplinary opinion in which the Court publicly reprimands a lawyer.10-28-2015 - Opinions
In this familial dispute over property, Kenneth Walker (Decedent) deeded to his sister, Catherine Brooks, approximately forty acres of property in two separate transfers before his death. Decedent's son, Roger Walker, now argues the court of appeals erred in reversing the special referee's order finding an equitable mortgage existed, thus requiring Brooks to return the property to Decedent's estate in exhange for $27,400. We affirm the court of appeals' opinion on this issue, and remand to the special referee for a ruling on Walker's additional claim regarding specific performance of a contract.
The Court granted certiorari to review the court of appeals' opinion in Hudson v. Hudson, 408 S.C. 76, 757 S.E.2d 727 (Ct. App. 2014). The Court now dismisses the writ as improvidently granted.