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Court of Appeals Published Opinions - June 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.

6-3-2002 - Opinions

3505 - L-J v. Bituminous

This appeal arises from a declaratory judgment action to compel indemnification under an insurance policy.

3506 - State v. Williams, Thorne

Thorn Williams appeals his conviction and sentence for possession of a stolen vehicle, arguing the trial court should have granted him a directed verdict.

3507 - Arnoti v. Lukie

The Lukies appeal the trial judge's order granting an injunction to enforce a restrictive covenant. The judge required the Lukies to remove a modular home that was installed in violation of the covenants.

3508 - Sellers v. Pinedale

This workers' compensation action involves the issues of (1) whether the employee's claim for an adjustment to his compensation rate is barred by the doctrines of res judicata and/or collateral estoppel and (2) whether the commission may consider evidence of what the employee's probable future wages would have been in determining the compensation rate.

3509 - Stewart v. Richland

Addresses the applicable standard of care for a nurse in a negligence action against a public hospital pursuant to the Tort Claims Act.

3510 - State v. Green, Julius

Affirming drug convictions where defendant did not move to suppress illegally-obtained evidence and State presented sufficient evidence of distribution within one-half mile of a school.

3511 - Maxwell v. Genez

The Court of Appeals held Rule 6(b), SCRCP is applicable to motions filed pursuant to Rule 40(j), SCRCP. Rule 6(b) authorizes the trial court to enlarge the period of time in which an act is required to be performed under the Rules of Civil Procedure for "good cause." The "good cause" standard for enlargement of time is the same standard applied in setting aside an entry of default under Rule 55(c), SCRCP. Applying this standard to the facts of the case, the Court ruled the moving party demonstrated the requisite "good cause" to enlarge the time in which the party could restore its case to the trial docket.

3512 - Cheapo's v. Cloyd

This opinion analyzes two novel issues: (1) subject matter jurisdiction of the Circuit Court under a direct order emanating from the Chief Justice; and (2) the efficacy of a Form 4 Order issued by a circuit judge.

3513 - Smith v. Newberry

The Smiths appealed the Newberry County tax assessor's valuation of their property to the ALJ division. The ALJ rejected the assessor's and the Smiths' expert's valuations and came up with his own valuation. Assesor appealed and this court affirmed finding the ALJ had subject matter jurisdiction to hear the case, his valuation was proper because it fell within the range of evidence presented at trial, substantial evidence supported his findings, and the market sales comparison approach was a proper valuation method.

6-10-2002 - Opinions

3514 - BB&T v. Kidwell

This is a mortgage action in which two competing mortgagees, having simultaneously recorded mortgages which cover the same real property, each claim first lien status.

3515 - State v. Garrett

This opinion reverses the grant of a new trial in a criminal case.

3516 - Antley v. Nobel Insurance Company

Affirming declaratory judgment ruling plaintiff could recover uninsured motorist benefits from employer's policy and reforming UM coverage for failure to make a meaningful offer.

6-12-2002 - Opinions

3517 - Newberry v. Newberry Electric

The City of Newberry appeals a trial court order denying its request for an injunction barring Newberry Electric Cooperative, Inc. from providing electric service to an annexed area. We reverse and remand.

6-17-2002 - Opinions

3519 - State v. Jeffcoat

Court of Appeals affirms convictions for first degree CSC with a minor and committing lewd acts on a minor.

3520 - Pilgrim v. Miller

Alice Mae Pilgrim sued Yvonne Wardlaw Miller for injuries sustained in an automobile accident. Pilgrim obtained a judgment of $50,000 after Miller defaulted. Miller appeals the trial court's denial of her motion to set aside the default. We affirm.

3521 - Pond Place Partners, Inc. v. Poole

This case is precedential because it decides a novel issue: Whether the filing of a lis pendens is absolutely privileged in South Carolina.

6-24-2002 - Opinions

3522 - Shaw v. Charleston

May the City of Charleston appeal a grant of summary judgment to a co-defendant and, if so, was summary judgment appropriate?

6-27-2002 - Opinions

3523 - State v. Arnold

This is an appeal from the denial of a motion for a directed verdict in a murder trial.

3524 - Macauley v. Wachovia

This is an action to set aside an irrevocable life trust based on allegations of incompetence of the settlor and undue influence by the beneficiaries.

3525 - Arscott v. Bacon

Answers the question whether, under the specific facts of this adoption case, the consent of the biological father is necessary or may his parental rights be terminated?

3526 - Joyner v. Glimcher

This case discusses the appellant's duty to seek a writ of mandamus when the magistrate's return is not timely.

3527 - Griffin v. Jordan

This is an action seeking to recover money damages for professional negligence and breach of implied warranty.

3528 - Tipton v. Tipton

This opinion treats the jurisdiction of the family court over previously divorced parties.

3529 - Pustaver v. Gooden

This case involves the relationship between UIM insurance coverage and the collateral source rule.

3530 - SCDOR, McClure v. Elliot

This is a case in which the plaintiff attempted to extinguish the property lien of a non-party by using a Motion for a Rule to Show Case and Rule 60, SCRCP.

3531 - Ness v. Eckerd

This case discusses the effect of a trial judge's sua sponte decision to recuse himself from a case after issuing an order but before ruling on a Rule 59(e), SCRCP motion.