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Court of Appeals Published Opinions - April 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.

4-9-2001 - Opinions

3327 - State v. Peake

This appeal involves whether DHEC has the authority to bind the State to an agreement to forego criminal prosecution in exchange for the payment of civil sanctions under the Pollution Control Act.

3328 - Allstate v. Hancock

This opinion discusses whether a spouse may reject UIM coverage on an automobile insurance policy listing the other spouse as the applicant and named insured.

4-16-2001 - Opinions

3329 - S.C. Department of Consumer Affairs v. Rent-A-Center, Inc.

This appeal involves whether liability damage waiver fees are allowed by the South Carolina Consumer Protection Code.

3330 - Bowen v. Bowen

This case discusses the effect of an antenuptial agreement on certain real estate transactions entered into during the marriage.

3331 - Jenkins v. Jenkins

This is a cross-appeal from a domestic case involving issues of alimony, equitable division of marital property, transmutation of nonmarital property, and attorney fees and costs.

3332 - SC Farm Bureau v. Kelly

This is an appeal from a grant of summary judgment to an insurance company, allowing it to recoup payments made to an insured upon discovery that the insured's son intentionally set the fires.

4-23-2001 - Opinions

3333 - State v. Zulfer

At trial, the State unsuccessfully sought to introduce evidence of the defendant's out-of-state convictions for the purpose of enhancement of the burglary offense for which the defendant was indicted to a first-degree burglary charge. The court of appeals reversed the trial court's ruling and held that, under South Carolina Code section 16-11-311(A)(2), the State may present evidence of a defendant's out-of-state convictions for the purpose of enhancement.

3334 - Abernathy v. Latham

This is an action to determine the ownership of sums remaining in joint accounts pursuant to S.C. Code Ann. ยง 62-6-104 (1987 & Supp. 2000).

3335 - Joye v. Yon

This is an appeal from family court, holding that upon annulment of wife's attempted marriage to second husband, alimony obligation of first husband is revived.

4-30-2001 - Opinions

3336 - S.C. Department of Social Services v. Cummings

Finding she had not complied with an order to complete drug abuse counseling and undergo periodic drug screening and had failed to support her daughter, the Family Court terminated the parental rights of Paula Cummings. The Court of Appeals, citing the principle of 'deferential reliance,' affirmed.

3337 - Brunson v. SLED

This appeal involves whether appellant's pardon restores the right to purchase a gun that would otherwise be statutorily prohibited due to his conviction of a violent crime.

3338 - Simons v. Longbranch Farms, Inc.

This appeal involves the issue of whether a deceased employee was an agricultural employee and therefore exempt from the exclusivity of the workmen's compensation act.

3339 - Brown v. Malloy

This case involves a due process analysis of the adequacy of a "John Doe" notice in an adoption proceeding where the biological father contests the termination of his parental rights.

3340 - State v. Russell

This case involves an analysis of the admission of statements to prove the corpus delicti in a DUI case.