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Court of Appeals Published Opinions - July 2004

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.

7-6-2004 - Opinions

3842 - State v. Gonzales

Gonzales appeals his conviction for trafficking methamphetamine, arguing: (1) the trial court lacked subject matter jurisdictionot impose judgment due to a faulty indictment, and (2) erred in admitting improper character evidence at trial.

7-7-2004 - Opinions

3841 - Stone v. Traylor Brothers

Traylor Brothers appeals a workers' compensation award to Teresa Stone for injuries she suffered when her estranged boyfriend attacked her at work. We reverse.

7-12-2004 - Opinions

3843 - Therrell v. Jerry's Inc.

Affirms the circuit court and full commission's ruling that an injury to the "right upper extremity" is, in this case, compensable as an injury to the arm, a scheduled member, rather than as an injury to an unscheduled portion of the body.

3844 - McGirt v. Nelson

James McGirt, as personal representative of the Estate of Bessie P. Haile appeals the circuit court's ruling regarding a survivorship clause in Haile's husband Last Will and Testament.

3845 - McCrowey v. The Zoning Board of Adjustment of the City of Rock Hill

Kevin McCrowey appeals the circuit court ruling sustaining the decising of the Zoning Board of Adjustment of Rock Hill which found McCrowey's business to be in violation of local zoning ordinances. We affirm

3846 - Hargrove v. Titan Textile

In this workers' compensation case, the Workers' Compensation Commission ruled that two simultaneous employers were each 50% liable for the claimant's repetitive injury trauma claim. One of the employers, Perdue Farms, appeals contending that claimant did not suffer a repetitve injury trauma in her employment with Perdue Farms.

7-19-2004 - Opinions

3847 - Sponar v. South Carolina Department of Public Safety

Following his arrest for driving under the influence, Timothy R. Sponar refused to take a Datamaster test. Pursuant to this refusal, the Department of Public Safety (DPS) revoked Sponar's driver's license. Sponar refused an implied consent hearing, after which a DPS Administrative Hearing Officer upheld the suspension. Sponar then appealed this decision to the circuit court, which reversed the suspension. DPS now appeals arguing the circuit court erred by (1) improperly applying the standard of review to reverse the hearing officer's decision and (2) considering Sponar's state of mind at the time he refused to take the Datamaster test.

3848 - Steffenson v. Olsen

Applies the plain meaning rule of contract construction to a Japanese divorce decree that included a provision the parties agreed to concerning Husband's military retired pay.

3849 - Clear Channel Outdoor v. City of Myrtle Beach

Myrtle Beach appeals from a circuit court order reversing a billboard permit denial by the Myrtle Beach Board of Zoning Appeals. Myrtle Beach asserts the circuit court improperly characterized the Board’s scope of review and misapplied the city’s zoning ordinance.