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Court of Appeals Published Opinions - January 2001

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.

1-1-2001 - Opinions

3086 - Davis v. Tripp, et al.

1-2-2001 - Opinions

3274 - Pressley v. Lancaster County

This is an action challenging the County's denial of a letter of consistency, which is required to apply for a permit to operate a construction and demolition landfill.

3275 - State v. Johnson

This is an action challenging the County's denial of a letter of consistency, which is required to apply for a permit to operate a construction and demolition landfill.

3276 - State v. Evans

This is a criminal case involving a judicial "in-custody" determination for Miranda purposes.

3277 - Kisling v. Allison

This is a child custody case where Mother appealed the Family Court's decision to award custody to Father.

1-8-2001 - Opinions

3278 - Brunson v. Wal-Mart Stores, Inc.

This workers' compensation appeal involves calculating a claimant's average weekly wage under section 42-1-40.

3279 - Dodd v. Berlinsky

This appeal involves the witness unavailability requirement under Rule 804, SCRE, and the termination of a trust based on fraud.

3280 - Pee v. AVM, Inc. and Arvin Industries, Inc.

This workers' compensation appeal presents the question of whether carpal tunnel syndrome is compensable under the South Carolina Workers' Compensation Act (the Act) as an injury by accident.

3281 - Heins v. Heins

This is a contempt action stemming from Husband's failure to adhere to a property settlement agreement between him and Wife.

3282 - S.C.D.S.S. v. Basnight

This is an action challenging personal jurisdiction under S.C. Code Ann. ยง 20-7-953

3283 - Murray v. Holnam, Inc.

This is a defamation action in an employment scenario.

3284 - Bayle v. S.C.D.O.T. Blythe Construction, Inc.

These wrongful death and survival actions involve the application of the statute of limitations under the S.C. Tort Claims Act.

1-16-2001 - Opinions

3285 - Triple E, Inc. v. Hendrix and Dail, Inc.

Jury verdict upheld in an express warranty case where the warranty was created through a magazine advertisement.

3286 - First Palmetto Savings Bank, F.S.B. v. Patel and Branch Banking and Trust Company of S.C.

In this foreclosure action, the court of appeals reversed the decision of the master in equity to set aside the satisfaction of a mortgage.

1-22-2001 - Opinions

3287 - State v. Robinson

This criminal appeal involves the sufficiency of evidence of the intent to distribute crack cocaine.

3288 - Bob Jones University v. Strandell

The issue is the efficacy of language used in a will to devise life insurance proceeds.

3289 - Olsen v. Faculty House of Carolina, Inc.

Multiple issues are involved relating to liability of the landowner of premises to a disabled patron.

1-29-2001 - Opinions

3290 - State v. Parker and Kirby

Appellants in this criminal appeal challenge the trial court's subject matter jurisdiction to convict them of grand larceny, alleging it is not a lesser-included offense of armed robbery.

3291 - Sims v. Giles

The novel issue in this case is whether a meter reader for a utility company occupies the status of invitee or licensee as a matter of law.

3292 - Davis v. Orangeburg-Calhoun Law Enforcement Comm.

This wrongful discharge appeal involves the admissibility of parol evidence and the effect of an oral assurance on at-will employment.

3293 - Wiedemann v. Town of Hilton Head Island

This court upholds a declaratory judgment that the Town of Hilton Head sufficiently demonstrated the necessity of holding its Town Council meetings outside the municipal limits.