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.
12-1-2021 - Opinions
28068 - Hall v. UBS Financial Services Inc.
We answer three certified questions from the United States District Court for the District of South Carolina. The first question asks whether at-will employment relationships are contractual in nature. The second and third questions concern the viability of causes of action for breach of the implied covenant of good faith and fair dealing and tortious interference with contractual relations in the at-will context.
The Court holds the validity of a murder conviction based on the theory "the hand of one is the hand of all" does not depend on whether the person who actually committed the fatal act is also convicted. Relief Denied.12-8-2021 - Opinions
28070 - Stoneledge at Lake Keowee v. IMK Development Co., LLC
In this construction defect action, Bostic Brothers Construction, Inc. (Bostic) argues the trial court erred in denying its motion for a directed verdict based on the statute of limitations. The court of appeals affirmed in part and reversed in part. Stoneledge at Lake Keowee Owners' Ass'n, Inc. v. IMK Dev. Co., LLC, 425 S.C. 268, 821 S.E.2d 504 (Ct. App. 2018) (Stoneledge II). We affirm in part, reverse in part, and remand this matter for final calculation and entry of judgment consistent with our opinion.
28071 - Stoneledge at Lake Keowee v. IMK Development Co., LLC
In this construction defect action, Marick Home Builders, LLC (Marick) and Rick Thoennes contend the trial court erred in (1) charging the jury on breach of the implied warranty of habitability and failing to charge the jury as to the maximum scope of Marick's liability, (2) denying Marick's motion for directed verdict as to breach of the implied warranty of workmanlike service and denying Marick's motion for a partial directed verdict as to negligence, (3) amalgamating Marick and Thoennes with another limited liability company, and (4) amending the jury verdict and recalculating damages accordingly. The court of appeals affirmed in part and reversed in part. Stoneledge at Lake Keowee Owners' Ass'n, Inc. v. IMK Dev. Co., LLC, 425 S.C. 276, 821 S.E.2d 509 (Ct. App. 2018) (Stoneledge I). We affirm in part, reverse in part, and remand this matter for final calculation and entry of judgment consistent with our opinion.
28072 - Greenville Bistro, LLC. v. Greenville County
In this opinion, we resolve two appeals arising from a zoning dispute between Greenville County and Greenville Bistro, LLC, d/b/a Bucks Racks & Ribs. The underlying dispute concerned the legality of Greenville Bistro operating Bucks Racks & Ribs as a restaurant with the added feature of scantily clad exotic dancers. The County has appealed two circuit court rulings to this Court. In the first ruling, the circuit court temporarily enjoined the County from enforcing an ordinance to deny Greenville Bistro's desired operation of Bucks Racks & Ribs. In the second ruling, the circuit court refused to temporarily enjoin Greenville Bistro from operating Bucks Racks & Ribs as a sexually oriented business. We reverse both rulings, dissolve the temporary injunction granted to Greenville Bistro, and hold the County is entitled to temporary injunctive relief.
28073 - Pickens County v. SCDHEC
Pickens County sought a contested case hearing in the administrative law court to challenge a landfill permit modification issued to MRR Pickens, LLC by the South Carolina Department of Health and Environmental Control. The ALC dismissed the County's challenge, finding the County failed to timely request DHEC to conduct a final review of the decision to issue the permit modification. The court of appeals reversed and remanded to the ALC for further proceedings. Pickens Cnty. v. S.C. Dep't of Health & Env't Control, 429 S.C. 92, 837 S.E.2d 743 (Ct. App. 2020). We affirm the court of appeals in part, vacate in part, and remand this matter to the ALC.
In this case, we revisit and refine our preservation rules in the context of pretrial criminal hearings. Arguing that a drug raid of his home violated the Fourth Amendment, Petitioner Kelvin Jones appeals his convictions for trafficking cocaine and possession with intent to distribute cocaine within the proximity of a school. Jones's pretrial motion to suppress was denied and he was convicted following a jury trial. The court of appeals affirmed on the basis the issue was not preserved for appellate review. We hold Jones's argument as to the search warrant is preserved but fails on the merits. Accordingly, we affirm in result the court of appeals' opinion and take this opportunity to clarify our issue preservation rules with respect to pre-trial rulings of constitutional dimension.12-15-2021 - Opinions
28075 - In the Matter of Brian Austin Katonak
In this attorney disciplinary matter, the Court imposes a one-year definite suspension.
28076 - In the Matter of George Constantine Holmes