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Court of Appeals Published Opinions - May 2002

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.

5-13-2002 - Opinions

3487 - Swanson v. Stratos

This appeal adresses whether a broker was entitled to an award in quantum meruit for services which were performed pursuant to an express contract.

3488 - State Auto Property & Casualty Insurance Co. v. Raynolds

This is a declaratory judgment action seeking an interpretation of the "business pursuits exception" in a homeowner's policy.

3489 - State v. Jarrell

Mother appealed her convictions for homicide by child abuse, accessory before the fact, accessory after the fact, and three counts of unlawful conduct towards a child. Court of appeals affirmed, holding (1) in the context of homicide by abuse statutes, e

3490 - Beaufort County v. Trask

This appeal involves a challenge by Beaufort County of an annexation by the City of Beaufort.

3491 - Robertson v. First Union National Bank

This opinion affirms the grant of summary judgment to a bank and a real estate appraiser, denying plaintiff's causes of action for fraud, civil conspiracy, negligent misrepresentation, and violation of the UTPA.

3492 - Smtih v. South Carolina Insurance Company

The Court of Appeals held the addition of new vehicle is a "change" to an existing policy as contemplated by section 38-77-350(C) and thus a new offer of UIM coverage is not mandated. An insurer is not requred to make a new offer of UIM coverage when an insured adds an additional vehicle to an existing automobile insurance policy.

3493 - Carjow v. Simmons

This case discusses whether church pews and ceiling fans are fixtures.

3494 - Lee v. Harborside

This workers' compensation appeal addresses whether injury to claimant's "psychological system" was compensable as a scheduled loss and whether claimant was entitled to further medical treatment after reaching MMI.

3495 - Cothran v. Brown

This en banc opinion discusses the doctrine of judicial estoppel and the effect of competing affidavits at the summary judgment stage.

5-20-2002 - Opinions

3496 - Herring v. Home Depot

This appeal arises out of Herring's action for revocation of acceptance of the purchase of a lawnmower.

3497 - Shah v. Richland Mem

In this action challenging the hopital's assignment of radiologists, the parties litigate whether a preliminary injunction issued for the duration of a contract moots any action for breach of contract.

3498 - Tatnall v. Gardner

An appeal of the denial of a motion to add a permissive third party claim is interlocutory; therefore, this Court lacks subject matter jurisdiction.

3499 - State v. Lee, Walter

Walter Alonzo Lee appeals from an order of the trial court revoking his probation. He initially pled guilty to resisting arrest-assault on a police officer and was sentenced to five years in prison. In addition, Lee pled guilty to ABIK. He was sentenced to ten years, suspended upon service of five years probation. The judge ordered the probation to begin

3500 - State v. Cabrera-Pena

The Court of Appeals addressed the admissibility of a defendant's self-serving written statement during cross examination of a witness for the State. The Court also analyzed whether the trial court erred in refusing to permit the defendant's attorney resume participating in the trial after defendant waived his right to counsel.

5-28-2002 - Opinions

3501 - State v. Johnson, Demarco

Demarco Johnson appeals his convictions for first-degree burglary, armed robbery, and two counts of kidnapping.

3502 - Dorman v. SCDHEC

This case discusses the respective roles of the ALJD and OCRM appellate panel in contested applications for docks and similar permits.

3503 - State v. Heyward, Ben

This case reverses and remands Benjamin Heyward's ACSC conviction because the trial judge failed to properly charge the lesser included offense of ABHAN.

3504 - Wilson v. Rivers

In this opinion, the court affirms the trial judge's exclusion of an expert's video deposition on Rule 403, SCRE grounds.