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Court of Appeals Published Opinions - July 2006

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.

7-3-2006 - Opinions

4130 - SCDSS v. Mangle

South Carolina Department of Social Services, Child Support Enforcement (DSS) appeals the family courts denial of its motion to continue child support until the child’s graduation from high school.

4131 - Town of Hilton Head Island v. Godwin

The Town of Hilton Head Island appeals the order of the circuit court denying its motion to dismiss and granting a new trial in favor of Montgomery Godwin. We vacate.

4132 - Doe v. Doe

In this action for divorce and equitable distribution, Wife appeals the family court's identification, valuation, and distribution of the marital estate. In addition, Wife appeals the family court's award of attorneys' fees, costs, and certain advancements to Husband. We affirm in part and reverse in part.

4133 - Siau v. Kassel

Kal Kassel appeals from a decision restraining and enjoining him from building any permanent structure within thirty feet of his rear property line and ordering him to remove all permanent structures currently located within thirty feet of his rear property line. Kassel contends the trial court erred in determining ownership of land through the “Public Trust Doctrine,” balancing the equities, and failing to determine his rights against Georgetown County.

7-10-2006 - Opinions

4134 - City of Beaufort v. Holcombe

Eddie Holcombe appeals his conviction in the Municipal Court of the City of Beaufort for failing to obtaining a business license on his rental income as required by ordinance, arguing the ordinance, as applied, violated his equal protection rights.

4135 - Williamson v. Middleton

Dan F. Williamson and Dan F. Williamson and Company (collectively "Williamson") appeal from the trial court's award of attorney's fees to Alfred C. Middleton. Williamson argues that Middleton did not incur attorney's fees, or in the alternative, that the criteria for awarding attorney's fees were not met in this case.

4136 - Ardis v. Sessions

In this appeal of a chiropractic malpractice action, Diane B. Ardis and William David Ardis raise issues concerning the exclusion of evidence, jury instructions, and the trial court's refusal to strike the cross-examination of Diane Ardis's treating physician based on ex parte contact with the opposing side.

7-17-2006 - Opinions

4137 - Doe v. Barnwell School District 45

Concludes the complaint, construed in its entirety, does not constitute an appeal of a short-term suspension that would deprive the circuit court of subject matter jurisdiction. The court therefore remands the case for further proceedings.

4138 - Clay v. Burckle

Vacates the South Carolina Family Court order based on the finding that Florida retains jurisdiction of the custody proceedings pursuant to the provisions of both the Uniform Child Custody Jurisdiction Act and the Parental Kidnapping Prevention Act.

7-24-2006 - Opinions

4139 - Temple v. Tec-Fab

In this appeal, the court analyzes, inter alia, the trebling of damages under South Carolina Code section 41-10-80(C) of the Payment of Wages Act.

4140 - Haley v. Brown

The plaintiff, The Estate of Joshua M. Haley, appeals from the circuit court's order granting a directed verdict to the defendant, Gary Curtis Brown, on its wrongful death claim.

7-31-2006 - Opinions

4141 - Skipper v. SCDC

The South Carolina Department of Corrections appeals the circuit court's order finding Skipper was denied both a liberty interest in prison employment and due process with regard to SCDC's drug-testing policy.

4142 - Rushing v. McKinney

Rushing appeals the trial court's verdict in favor of his former business partners on causes of action for breach of contract, fraudulent inducement, fraud, negligent misrepresentation, breach of good faith and fair dealing, breach of fiduciary duty, promissory estoppel, and equitable estoppel arising out of the operation of a furniture manufacturing business. We affirm.

4143 - State v. Kenneth Navy

Navy appeals his conviction and sentence, arguing: the trial court erred in admitting three inclupatory statements; and he was entitled to a new trial based on the solicitor's inflammatory closing arguments. We reverse.

4144 - Myatt v. RHBT Financial Corporation

Receiver for two foreign corporations sued a bank for, among other things, breach of fiduciary contract and fraud for allowing its agent to open bank accounts and transferring money from those high-yield investment schemes. We affirm the trial court's grant of summary judgment to the Bank.