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Court of Appeals Published Opinions - September 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.

9-3-2014 - Opinions

5269 - SCDSS v. Massey

In this permenancy planning appeal, we hold the family court erred in finding it lacked jurisdiction to order reunification when no merits hearing was ever held to determine whether the children were abused or neglected. We also hold the family court erred in dismissing the oldest son from the action when he was removed pursuant to a removal action and custody was never permenantly awarded to a third party. We reverse and remand.

9-10-2014 - Opinions

5270 - 56 Leinbach Investors v. Magnolia Paradigm

William S. Barr, of Barr, Unger & McIntosh, LLC, of Charleston, for Respondent/Appellant.

5271 - Stogsdill v. SCDHHS

Richard Stogsdill appeals the Administrative Law Court's order affirming the reduction in the number of service hours he receives pursuant to the Intellectual Disabilities and Related Disabilities Waiver. We affirm in part, reverse in part, and remand.

9-17-2014 - Opinions

5272 - Dozier v. American Red Cross

In this workers' compensation appeal, the Court of Appeals affirms the Appellate Panel's determination that Cindy Dozier was not entitled to permanent total disability. Further, although the Appellate Panel improperly concluded res judicata barred Dozier's claim for CRPS/RSD, the Court of Appeals concluded the Appellate Panel acted within its discretion, as the ultimate fact finder, when it concluded Dozier did not prove she suffered from CRPS/RSD.