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Court of Appeals Published Opinions - July 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.

7-7-2003 - Opinions

3658 - Swindler v. Swindler

This case involves whether article 3 of the South Carolina Uniform Commercial Code applies to a note secured by a mortgage in real estate.

3659 - State v. Thompson

In this criminal appeal, the court reviews a trial in absentia involving two major issues: (1) right to counsel; (2) relinquishment of right to counsel (waiver and forfeiture).

3660 - Venture Engineering, Inc. v. Tishman et al

This case involves whether a creditor to a bankruptcy estate is required to object to a proposed settlement and sale of bankruptcy property by a trustee.

7-14-2003 - Opinions

3661 - Neely v. Thomasson

Discusses whether the probate court acted within its subject matter jurisdiction in determining paternity for purposes of establishing heirs of a decedent’s estate and whether the issue of paternity was adjudicated in a prior action in which decedent was divorced from claimant’s mother.

7-21-2003 - Opinions

3596 - Collins Entertainment v. Coats

On petition for rehearing filed by American Bingo and Gaming, Opinion No. 3596, filed in the appeal above on February 3, 2003, is hereby withdrawn and the following opinion is substituted therefor; however, the court determined a rehearing was not warranted.

3662 - In the Matter of the Estate of Boynton

Determines that the law of 1954, the year of the death of the testator, rather than the law of 1995, the year of death of the life tenant, controls in determining whether illegitimates are included when a testator uses the terminology

3664 - Lighthouse v. South Island

This case involves the interpretation of the grant of an easement.

3665 - Fisher v. Stevens

In this negligence action, all parties filed cross-motions for summary judgment seeking a determination of whether a Release and Waiver of Liability and Indemnity Agreement signed by the plaintiff bars his recovery. This Court holds the release does not bar Fisher from recovering against the appellants.

3666 - State v. Thomason

This case involves the defendant's right to withdraw a guilty plea.

3667 - Overcash v. SCE&G

This case involves whether a private cause of action for public nuisance can be maintained to recover damages for personal injury.

3668 - State v. Wilds

In this criminal appeal, the court analyzes the sufficiency of evidence to support a conviction for assault and battery with intent to kill (ABIK). Specifically, the court reviews whether the state presented evidence of malice. Because the underlying factual scenario involves a motor vehicle, the court permits the inference of malice from the use of a deadly weapon (an automobile).