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.
3-10-2021 - Opinions
28009 - Myat v. Tuomey Regional Medical Center
The Court dismisses the writ of certiorari as improvidently granted.
28010 - Palmetto Construction Group, LLC v. Restoration Specialists, LLC
Palmetto Construction Group and the other defendants appeal the master in equity's order refusing to set aside an entry of default. The defendants argue the order is immediately appealable because the entry of default effectively precluded their effort to compel arbitration. We affirm the court of appeals' holding the master's order was not immediately appealable and hold there is not public policy "favoring" arbitration.
28011 - Arredondo v. SNH SE Ashley River Tenant, LLC
This appeal concerns the enforceability of an arbitration agreement executed between Ashley River Plantation, an assisted-living facility, and Thayer Arredondo, the attorney-in-fact under two powers of attorney executed by Hubert Whaley, a facility resident. In an unpublished opinion, the court of appeals held the arbitration agreement was enforceable. Arredondo v. SNH SE Ashley River Tenant, LLC, Op. No. 2019-UP-293 (S.C. Ct. App. filed Aug. 14, 2019). We reverse the court of appeals and hold neither power of attorney gave Arredondo the authority to sign the arbitration agreement.
The Governor issued an order suspending Mohsen Baddourah from his position as a member of the Columbia City Council after Baddourah was indicted for second-degree domestic violence. Baddourah initiated this declaratory judgment action in the circuit court, seeking a determination that (1) he is a member of the Legislative Branch and is, therefore, excepted from the Governor's suspension power under the South Carolina Constitution; and (2) second-degree domestic violence is not a crime involving moral turpitude, so it is not an act that is within the scope of the Governor's suspension power. The circuit court dismissed Baddourah's complaint on the ground the court lacked subject matter jurisdiction and, alternatively, for failure to state a cause of action. We affirm as modified.3-17-2021 - Opinions
28014 - In the Matter of Bradley A. Norton
The Court reverses the court of appeals, finding (1) because Respondents prevailed on their trespass claim and were awarded damages, they were not aggrieved by the trial court's failure to grant a directed verdict on the trespass claim; (2) the trial court did not abuse its discretion in denying Respondents' post-trial motions; and (3) the trial court correctly granted Petitioners' motion for a directed verdict as to punitive damages.
28016 - Hazel v. Blitz U.S.A., Inc.
Petitioner Fred's Stores of Tennessee, Inc. contends the circuit court erred by refusing to enjoin these lawsuits under the terms of a bankruptcy court order and injunction entered in the bankruptcy proceedings of Blitz U.S.A., Inc. We find the circuit court correctly determined the bankruptcy court's order and injunction do not protect Fred's from these lawsuits. We remand to the circuit court for discovery and trial.3-24-2021 - Opinions
The Court reverses the court of appeals' finding that the Administrative Law Court's order was interlocutory. As a result, the Court remands the matter to the court of appeals to address the merits of the appeal.3-31-2021 - Opinions
28018 - In the Matter of Joseph Sidney Mendelsohn