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Court of Appeals Published Opinions - March 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.

3-5-2001 - Opinions

3311 - S.C. Farm Bureau Mutual Insurance Co. v. Wilson

This is an action to determine coverage for a utility trailer under an automobile insurance policy.

3312 - Oliver v. Oliver

Court reversed and remanded for reconsideration family court's refusal to find ex-wife in contempt of visitation order, where ex-wife failed to offer any evidence to rebut ex-husband's prima facie showing of contempt.

3313 - S.C. Dept. of Social Services v. Wilson

This appeal concerns the termination of parental rights of an incarcerated father on the grounds of failure to visit and failure to pay child support.

3314 - State v. Woody

This appeal deals with whether section 17-25-45 can be read with section 17-25-50 for the purpose of sentencing a person with prior convictions.

3-12-2001 - Opinions

3273 - Duke Power Company v. Laurens Electric Cooperative, Inc.

This civil appeal deals with the right of rural electric cooperatives to serve in nonrural areas.

3315 - State v. Woodruff

This is a search and seizure case under Terry and Dickerson involving a 30 minute second search.

3316 - State v. Myers

This is an appeal from a conviction for ABIK and ABHAN dealing with the admission of character evidence and the submission of a verdict form which omitted the words "not guilty."

3317 - State v. Hamilton

John Hamilton, an inmate in a correctional institution, offered evidence of a psychiatric evaluation after the fact of the alleged crime. Additionally, Hamilton moved for a mistrial based on comments by the Solicitor in closing arguments nexing the Solicitor to the trial judge.

3318 - State v. Sheldon

This appeal by the State of the pretrial exclusion of evidence involves the issues of whether an investigation by the Highway Patrol's Multi-disciplinary Accident Team of a collision involving a State Trooper violates S.C. Code Ann. ยง 56-5-765 (Supp. 2000) and whether evidence obtained in violation of teh statute is admissible.

3319 - Breeden v. TCW, Inc.

This case discusses the criteria for reducing workers' compensation lien in connection with third party settlement.

3-19-2001 - Opinions

3320 - Dowaliby v. Chambless

This is an appeal from an award of attorney fees in an action to appoint a guardian ad litem and conservator.

3321 - Andrade v. Johnson

Discusses how a covenant not to sue issued in favor of the principally liable party affects the principal who is only vicariously liable, and the application of the UTPA to a particular activity.

3322 - General Equipment & Supply Company, Inc. v. Keller Rigging & Construction, SC, Inc.

This opinion addresses the enforcement of an arbitration clause.

3-26-2001 - Opinions

3323 - State v. Firetag

Holding a surety cannot set the conditions of an appearance recognizance; therefore, any such conditions included by the surety do not constitute sufficient reason to avoid forfeiture.

3324 - Schurlknight v. City of Charleston

In a decision affirmed by the full commission and the circuit court, this Court also finds that Schurlknight's claim for benefits is untimely under the statute of limitations.

3325 - Father v. SCDSS

This decision addresses the applicability of the South Carolina Frivolous Civil Proceedings Sanctions Act and Rule 11, SCRCP, against the South Carolina Department of Social Services in child abuse and neglect cases.

3326 - Verdery v. Daniels

This appeal discusses the appropriate standard of review for an action challenging the revocation and execution of a power of attorney and whether the principal possessed the mental capacity to execute such documents.