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Court of Appeals Published Opinions - July 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.

7-8-2002 - Opinions

3532 - The Beach Company v. Twillman, Ltd.

This is an action challenging a provision in a contract that purportedly waived the right to a jury trial and the right to assert compulsory counterclaims.

3533 - Food Lion, Inc. v. United Food & Commercial Workers International Union

Food Lion, Inc. appeals the trial court's dismissal of its action for abuse of process against the United Food & Commercial Workers International Union. We affirm.

7-15-2002 - Opinions

3534 - Richland v. Kaiser

This opinion discusses the enforcement of a zoning ordinance.

3535 - State v. Ledford

Ledford appeals his conviction for DUI, fourth offense, arguing he was entitled to a Jackson v. Denno hearing and a hearing to determine whether his statement was given in violation of Miranda v. Arizona. The court of appeals reversed his conviction finding the trial court erred in failing to hold a voluntariness hearing and that under any view of the evidence Ledford's statement was given in violation of Miranda.

7-29-2002 - Opinions

3536 - State v. Goodwin

This is a criminal appeal involving the issue of whether an arrest was unlawful and therefore required the suppression of drug evidence.

3537 - Worsley v. SCDHEC

This case involves the issue of whether the owner of an underground petroleum tank is entitled to reimbursement pursuant to the South Carolina Underground Petroleum Environmental Response Bank (Superb) Act, S.C. Code Ann. Section 44-2-10 et seq. (2002) for a settlement made to the owner's lessor for alleged damage to a downstream property.

3538 - Scott v. Brunson

A judgment for delinquent child support payments can be executed against property granted to the delinquent payor in fee simple subject to a shifting executory interest held in trust.

3539 - State v. Charron

This case involves the conviction of a husband and wife for wilful failure to file state income tax returns.