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Court of Appeals Published Opinions - March 2007

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.

3-5-2007 - Opinions

4212 - Porter v. Labor Depot

In this workers’ compensation case, the Appellant contends the Circuit Court erred: (1) as a matter of law in failing to issue more than a form order; and (2) as a matter of law in affirming the finding of the Appellate Panel that the claimant was NOT an employee of Labor Depot

3-12-2007 - Opinions

4213 - State v. Edwards

In this criminal case the court affirms the trial court's rulings denying a mistrial and admitting evidence of prior bad acts and threats made by the defendant against the victim/witness.

4214 - Vaughn Development v. Westvaco Development

In this case, the court concludes the measure of damages was not ascertainable without determining the extent of the work required under the contract, and therefore an award of prejudgment interest was inappropriate.

4215 - Mosseri v. Austin’s at the Beach

The Court of Appeals reversed the circuit court's ruling affirming the magistrate's order retaining jurisdiction over the case brought by the plaintiff landlord against the defendant tenant. The magistrate erred in retaining jurisdiction over the case pursuant to Section 22-3-10(10 of the South Carolina Code (Supp. 2005) when the case did not involve the possession of land.

4216 - SC District Council of Assemblies v. River of Life International

This appeal concerns a declaratory judgment action arising out of a property dispute between the South Carolina District Council of Assemblies of God and a local congregation that severed its affiliation with the Assemblies of God. The trial court held the subject property now belonged to either the General Council of the Assemblies of God or, in the alternative, the South Carolina District Council of the Assemblies of God. The local congregation, River of Life International Worship Center, appeals.

4217 - Fickling v. City of Charleston

Patricia Fickling appeals from a directed verdict in favor of the City of Charleston in this negligence action arising from a fall on a sidewalk.

3-19-2007 - Opinions

4218 - Shorb v. Shorb

The S.C. Court of Appeals affirmed in part and reversed in part the family court’s order to divide certain stock options of the husband and wife. The court affirmed the family court's order, requiring the husband to transfer certain stock options, which were unmatured and nonvested on the date of filing to the wife. Even though these options had not fully vested by the date of filing, these options were marital property because the husband earned the options during the parties' marriage and owned the options on the date of filing. The court reversed the portion of the family court's order, requiring the husband to pay the wife proceeds from stock options which were earned during the parties' marriage, but which were disposed of before the date of filing. Since the property was not owned on the date of filing, it could not be considered marital property, and thus it should not have been distributed as part of the marital estate.

4219 - In the Matter of the Care and Treatment of Renauld L. Brown

The State appeals the circuit court’s order finding the State had not shown probable cause to believe Renauld L. Brown is a sexually violent predator. We reverse and remand.

4220 - Jamison v. Ford Motor Company

Eugene Jamison and Delores Isaac, individually and as Personal Representatives of the Estate of Virnell Isaac, appeal the circuit court’s: (1) exclusion of expert testimony and video evidence; and (2) denial of Jamison’s motions for sanctions and relief from judgment.

4221 - Bowers v. Thomas

Jerry Thomas appeals the circuit court’s order terminating his lease agreement with Edward Bowers. Thomas contends: (1) there was insufficient notice to terminate the lease agreement; (2) the lease could not be terminated based on the tardy payment of the June rent; and (3) the circuit court erred in denying his request for a jury trial. We affirm.

4222 - Rhodes v. Benson Chrysler-Plymouth

Benson Chrysler-Plymouth, Inc. appeals the denial of its motion to compel arbitration. We affirm. We hold a party waives its right to enforce an arbitration provision when it delays in demanding arbitration and engages in extensive discovery resulting in prejudice to the party opposing arbitration.

3-26-2007 - Opinions

4223 - Arcadian Shores v. Cromer

Arcadian Shores Single Family Homeowners' Association, Inc. (the Association) appeals the master's refusal to issue a permanent injunction requiring Miriam Cromer to comply with certain restrictive covenants. We held the more specific restrictive covenenants were never properly instituted, and the more general restrictive covenants did not prevent Cromer's actions. Further, the Association had abandoned its right to enforce certain covenants. We affirmed and upheld the award of Cromer's costs of complying with a temporary injucnction.

4224 - Gissel v. Hart

Appellants appeal from an order of the circuit court upholding arbitration awards. Appellants argue the arbitrator exceeded his powers in entering awards against them in their individual capacities and that the awards constituted a manifest disregard of the law.

4225 - Marlar v. State

Marlar appeals the deniall of his application for post-conviction relief. This court granted certiorari to review the denial. Because the PCR court's order failed to make specific findings of fact as to each of the issues raised in the PCR application and because there was no evidence to support the finding that Marlar failed to present any evidence regarding the specific allegations in the application, we reverse the PCR court's order and remand the matter for specific findings.

4226 - Patricia Grand Hotel v. MacGuire Enterprises

In this lease dispute, MacGuire Enterprises, operator of a restaurant in leased space within the Patricia Grand Hotel,appeals the trial court's order "Ending Action and Amending Lease." MacGuire argues the trial court erred in: (1) ruling the parties' agreement not to compete in food and beverage services applied only to the restaurant property, not to the entire hotel; and (2) failing to find there was not an agreement as to the sale of food and beverages within the hotel. We affirm the trial court's finding that the agreement not to compete only applied to the demised area of the restuarant, lounge, and pool bar area.