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Court of Appeals Published Opinions - June 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.

6-4-2001 - Opinions

3349 - Rhodes v. McDonald

Punitive damages held not recoverable in a breach of warranty action.

3350 - Mictronics, Inc. v. S.C. Department of Revenue

This appeal from the circuit court''s reversal of an ALJD decision treats the standard to be applied when considering motions under Rule 29(D),SCRALJD.

3351 - Chewning v. Ford Motor Company

This appeal addresses whether Rule 60(b), SCRCP, relief is available for fraud on the case where a complaint alleges an attorney participated in a scheme to suborn perjury in the underlying action.

3352 - Moore v. Rowe

This case involves the novel issue of when a buyer at a judicial sale can tender his down payment.

6-11-2001 - Opinions

3353 - Green v. Cottrell

This case analyzes a factual scenario involving the omitted spouse statute.

3354 - Murphy v. Owens-Corning Fiberglass Corp.

This case involves the application of the South Carolina Door Closing

3355 - State v. Wilkes

In this criminal appeal, the defendant asserts the indictment charging him with assault on a correctional facility employee was insufficient to confer subject matter jurisdiction on the trial court because it failed to allege an essential element of the offense.

6-18-2001 - Opinions

3356 - Keeney's Metal Roofing, Inc. v. Palmieri

Pursuant to S.C. Code Ann. s 29-5-20(A), a 'prevailing party' in a mechanic's lien foreclosure suit is entitled to recover reasonable attorney's fees and costs. A party may recover attorney's fees and costs as a 'prevailing party' under s 29-5-20(A) even though the party obtained a dismissal from the suit via procedural rule (e.g., Rule 12(b)(6), SCRCP), provided the dismissal was not due to mere technicality.

3357 - State v. Truesdale

In order to be convicted of issuing a fraudulent check, a defendant must be given an opportunity to plead guilty before a judge or proceed to trial.

3358 - S.C. Coastal Conservation League and Sierra Club v. S.C. Department of Health and Environmental Control

This case reverses a summary judgment by the Administrative Law Judge Division upholding a DHEC permit allowing Port Royal Plantation to refurbish a groin field and construct new groins along the beach on Hilton Head Island, finding groins are prohibited under S.C. Code § 48-39- 10 et seq. (Supp. 2000).

6-25-2001 - Opinions

3359 - State v. Nesbitt

In this criminal case, the defendant appeals from his conviction for attempted armed robbery, arguing the trial court erred in denying his motion for a directed verdict.

3360 - Beaufort Realty Company v. Beaufort County

This case involves the standing of a non-profit conservation advocacy group to appeal decisions of a county zoning administrator to a county zoning board of appeals.

3361 - State v. James

The sole issue in this case is the admissibility of prior convictions for burglary under S.C. Code Ann. § 16-11-311(A)(2).

3362 - Johnson v. Arbabi

The Court of Appeals holds: (1) Section 12-51-120 requires the notice of the right to redeem to be mailed to the owner of record or the owner's authorized agent - a spouse is not jure mariti the agent of the other spouse; and (2) because of the well-established rule in South Carolina that all proceedings leading to a tax sale must fulfill the applicable statutory requirements, a taxing authority's failure to provide a co-tenant with proper notice of redemption voids the entire sale.