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Court of Appeals Published Opinions - February 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.

2-5-2001 - Opinions

3294 - State v. Williams

This appeal addresses the trial court's Allen charge.

2-12-2001 - Opinions

3295 - Smith-Cooper v. Cooper

This is an appeal from a divorce in which this court holds a property settlement agreement and support agreement is modifiable by the court.

3296 - State v. Cherry

This case addresses the standard to be used by a trial court in considering a motion for directed verdict in a criminal case and the appropriate jury charge in a circumstantial evidence case.

3297 - Silvester v. Spring Valley Country Club

This appeal involves issues of trespass, continuing nuisance, and pro se litigants.

2-20-2001 - Opinions

3298 - Lockridge v. Santans of America, Inc.

Workers' compensation case discussing requirements for compensability for heart attack victim.

3299 - S.C. Property and Casualty Guaranty Assoc. v. Yensen

This is a declaratory judgment action involving issues of automobile insurance coverage among three insurers. This appeal deals who is an insured and who is occupying an automobile under an insurance policy.

3300 - Ferguson v. Charleston Lincoln/Mercury, Inc.

In this unfair trade practices case, the court found no statutory basis for the survival of the action.

3301 - Horry County v. The Insurance Reserve Fund

This is a declaratory judgment action to determine whether a Tort Liability Insurance Policy provided coverage for inverse condemnation.

3302 - Clemson University v. Speth

This criminal appeal involves the issue of whether the definition of "park" as set forth in S.C. Code Ann. § 56-5-610 applies to S.C. Code Ann. § 56-3-1970's prohibition against parking in a designated handicapped space.

3303 - Toomer v. Norfolk Southern Railway

This appeal addresses whether a special relationship between the parties is a prerequisite to recovery under a claim for equitable indemnity.

3304 - State v. Brown

This criminal case involves the timely notice of intent to appeal and the admission of radar speed measurement devices.

2-26-2001 - Opinions

3305 - Roof v. Swanson

In this shareholder action for breach of fiduciary duty, the court interprets S.C. Code Ann. section 33-8-300(e) (1990) to provide for a maximum three year limitations period.

3306 - Aaron v. Viro Group

This Workers' Compensation case analyzes the efficacy of section 42-15-80 in regard to a claimant's refusal to submit to further medical examination.

3307 - Curcio v. Catepillar, Inc.

Affirming the grant of a judgment notwithstanding the verdict to the defendant in a product liability case.

3308 - Brown v. Greenwood School District 50 Board of Trustees

This case discusses the appealability of an interlocutory order.

3309 - In the Interest of Thomas Edward D.

Court of Appeals found that a firearm need not be opertive in order to be a violation of S.C. Code section 16-23-430, prohibiting the possession of a firearm on school grounds.

3310 - Dawkins v. Fields

Court of Appeals finds the trial court erred in failing to consider Plaintiffs' verified complaint and expert's affidavit in opposition to Defendants' motion for summary judgment.