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Court of Appeals Published Opinions - November 2003

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.

11-3-2003 - Opinions

3688 - MailSource v. Bailey #1

Court finds a lack of waiver of right to arbitrate a claim, even though another related action is being litigated in circuit court.

3689 - MailSource v. Bailey #2

Affirms trial court's denial of a temporary injunction.

3690 - State v. Bryant

This case involves whether evidence of prior convictions can be admitted purusant to Rules 404(b) & 609, SCRE, in a murder trial.

3691 - Perry v. Heirs

After the master-in-equity ordered the partition of the 110.54-acre tract of land. Gadsden filed a Rule 60(b), SCRCP motion to set aside the partition order, alleging fraud on the court and inequitable prospective application of the order. Trial court denied the motion and Gadsden appeals.

3692 - S.C. Farm Bureau v. Oates

This case involves whether an insurance company is contractually required to defend its insured in a pending tort action.

11-17-2003 - Opinions

3693 - Evening Post v. North Charleston

The court of appeals affirmed the trial court's denial of The Evening Post's FOIA request for access to 911 tapes regarding a highly publicized case, holding (1) the matter was capable for repetition yet evading review and (2) the information requested was exempt from disclosure under South Carolina Code section 30-4-40(a)(3)(B).

3694 - Crawford v. Henderson

In this suit to recover damages sustained in an automobile accident, the following issues were considered: (1) whether an attorney who represents an underinsured motorist carrier can assert the attorney/client privilege on behalf of the underinsured motorist; and (2) whether a nurse practitioner can testify regarding causation.

3695 - State v. Stephen Hutto

Holds solicitor's comments to law officer overheard by defendant did not prejudice defense or constitute prosecutorial misconduct and discusses criteria for admissibility of testimony in sentencing phase.

3696 - Goodwin v. Johnson

This case involves the novel issue of whether a court of equity possesses the plenary power to relocate an existing easement by necessity.

11-24-2003 - Opinions

3697 - State v. Fields

This criminal case involves the issue of whether the lower court order erred in failing to charge the jury on assault and battery of a high and aggravated nature as a lesser included offense of criminal sexual conduct in the first degree.

3698 - Cox & Floyd Grading, Inc. v. Kajima Construction Services, Inc.

Cox & Floyd Grading, Inc., appealed the circuit court’s order granting summary judgment to Kajima Construction Services, Inc., on Cox & Floyd’s action seeking payment of the retainage from a construction project in which Kajima acted as the general contractor and Cox & Floyd acted as a subcontractor. Cox & Floyd the circuit court erred in granting summary judgment, alleging the question of whether it entered an arbitration agreement with Kajima under duress presented a question of fact that precluded summary judgment. The court of appeals disagreed, finding no evidence of duress in the record to support Cox & Floyd’s allegation.

3699 - Rich v. Walsh

3700 - State v. Williamson

The Defendant appeals the trial court's decision to revoke his probation based, in part, on a subsequent charge. We affirm.

3701 - Sherman v. W & B Enterprises, Inc.

This criminal case involves the consideration of identification testimony under a show-up identification scenario.

3702 - State v. Brown

This criminal case involves the consideration of identification testimony under a show-up identification scenario.