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Court of Appeals Published Opinions - November 2005

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.

11-7-2005 - Opinions

4039 - Shuler v. Gregory Electric

Gregory Electric appeals from an order of the circuit court affirming the single commissioner and full commission's award of workers' compensation benefits to the surviviors of Linda Shuler, who died oon her return home from a doctor's office where she received treatment for a previous compesnable injury. We affirm.

4040 - Commander Health Care Facilities v. SCDHEC

In this declaratory judgment action, Commander Health Care Facilities, Inc. appeals (1) the circuit court's finding that it lacked standing to maintain a declaratory judgment action against the South Carolina Department of Health and Environmental Control and Heritage Home of Florence, and (2) the circuit court's grant of summary judgment in favor of DHEC and Heritage Home. We reverse and remand.

4041 - Maurice Bessinger and Piggy Park Enterprises v. BI-LO

The primary issue in this appeal is whether the South Carolina Unfair Trade Practices Act allows a manufacturer to sue a retailer for discontinuing the plaintiff's product because the plaintiff has publicly expressed controversial viewpoints.

11-14-2005 - Opinions

4042 - Honorage Nursing Home v. Florence Convalescent Center

Honorage Nursing Home appeals (1) the circuit corut order vacating the default judgment against Florence Convalescent Center, Inc., and (2) the circuit corut's grant of summary judgment in favor of Florence Convalescent.

11-21-2005 - Opinions

4044 - Gordon v. Busbee

This opinion concludes that a claimant properly made a claim against the estate by filing a complaint with the probate court containing all the information mandated by statute even though a specific probate court form was not used.

4045 - State v. King

In this murder case, Appellant posits three issues: (1) whether the circuit judge abused his discretion by refusing to admit a letter co-defendant Patrick Walker wrote to Mesha Thomason allegedly involving statements that were inculpatory of his guilt in killing the decedent; (2) whether the judge abused his discretion by refusing to allow Mesha Thomason to testify, and thereby admit Walker’s inculpatory letter into evidence since Thomason was present in the courtroom and prepared to testify before Appellant had rested her case; and (3) whether the judge violated Rule 106, SCRE, by instructing the jury to disregard testimony on cross-examination that Appellant gave the police a written statement in which she stated that co-defendant Walker beat her son, that she tried to stop him, and that she sustained injuries.

4046 - Bass v. Kenco

In this Workers’ Compensation case, the appellate entity reviews the following issues: (1) disputation of Appellants and Respondent in regard to the proper standard of review; (2) did the circuit court err in upholding an award of permanent partial disability under S.C. Code Ann. § 42-9-20; (3) did the circuit court err in upholding Respondent’s right to elect an award under § 42-9-20 rather than under § 42-9-30 because Respondent suffered more than one covered injury as a result of an accident; (4) did the circuit court err in prohibiting a deduction of the partial disability payments from the total disability award; (5) did the circuit court err in affirming an award of benefits for past and future psychiatric and psychological treatment; and (6) did the circuit court err in awarding Respondent permanent partial disability benefits.

4047 - Carolina Water Service v. Lexington County Joint Municipal Water and Sewer Commission

This appeal arises from a condemnation action and subsequently filed challenge action. Initially, the circuit court stayed both actions, but thereafter lifted the portion of the stay related to the challenge action. Appellants argue the lifting of the stay was an abuse of the circuit court's discretion. We affirm.

4048 - Lizee v. South Carolina Department of Mental Health

This is a workers' compensation appeal in which employee was awarded benefits by the Workers' Compensation Commisson, and employer appealed unsuccessfully to the circuit court. This court joins the circuit court in affirming the Commission's finding that employee is permanently and totally disabled as a result of her work-related injury. This court, however, reverses the Commission's finding that employee timely notified her employer and remands the case to the Commission for the purpose of determining (1) whether "reasonable excuse" has been made "for not giving [timely] notice," and (2) whether the employer has been "prejudiced thereby."

4050 - The Roof Doctor v. Birchwood Holdings

This opinion concludes that an alleged unauthorized practice of law in magistrate's court is a collateral matter not requiring reversal of the judgment rendered.

11-28-2005 - Opinions

4049 - State v. Walker

In this criminal case, the appellant was convicted of murder. On appeal, the appellant posits three issues: (1) did the trial court err in admitting evidence of flight; (2) did the trial court abuse its discretion in failing to grant severance; and (3) did the trial court err in admitting testimony of an investigator.

4051 - Brunson v. American Koyo Bearings

In this workers' compensation action, the issue is whether an order by the full commission remanding the case to the single commissioner for a de novo hearing is appealable, and whether unchallenged findings may be reheard at the de novo hearing.

4052 - Smith v. Hastie

This is an appeal of the grant of summary judgment to the defendant in an attorney malpractice action arising from the creation of a family limited partnership.

4053 - Spivey v. Carolina Crawler

Chris Spivey brought this action against Carolina Crawler, his employer, and Travelers Property and Casualty Co., insurance carrier for Carolina Crawler, seeking review of a clincher settlement that limited his recovery of compensation under the South Carolina Workers' Compensation Act. This appeal consolidated Spivey's appeal from the ciercuit court's dismissal of the action for lack of jurisdiction. and the Employer and Carrier's appeal from the full commission's reopening of the clincher agreement on the issue of fraud.