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Court of Appeals Published Opinions - April 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.

4-2-2007 - Opinions

4227 - Forrest v. A.S. Price Mechanical

We affirm the circuit court's order affirming the Workers' Compensation Commission's computation of claimant's compensation, the finding that claimant has reached maximum medical improvement, and the admission of claimant's vocational expert's report.

4228 - Abercrombie v. Abercrombie

In this domestic action, Husband appeals the family court's (1) valuation and equitable division of marital property, (2) award of aliony to Wife, and (3) decision to retain a portion of the equitable distribution awarded to Husband to clean hazardous waste materials he left on the marital property. We affirm.

4229 - State v. Jamison

Torrey L. Jamison appeals his convictions for trafficking cocaine, trafficking crack cocaine, resisting arrest, failure to stop for a blue light, and possession of a firearm during the commission of a violent crime. He argues the trial court abused its discretion by allowing the State to present expert testimony about the dollar value of cocaine and crack cocaine. We affirm.

4-9-2007 - Opinions

4230 - State v. Rutledge

William White Rutledge appeals his conviction for simple possession of marijuana, first offense, arguing the trial court erred in ruling that a search warrant was sufficient to establish probable cause, and in determining that the affidavit in support of the warrant was valid. We affirm.

4231 - Stearns Bank National Association v. Glenwood Falls

We hold the master did not abuse his discretion in refusing to set aside a default judgment; appellant made a voluntary appearance, and the judgment was not procured through excusable neglect, as appellant's attorneys did not willfully abandon appellant.

4232 - State v. Ladson

We reverse and remand for a new trial because the reconstructed record does not permit meaningful appellate review.

4-16-2007 - Opinions

4233 - State v. Fairey

Appellant, who was tried in absentia and without counsel, appeals his conviction for obtaining goods and monies under false pretenses. He contends the trial judge erred in holding his trial in his absence, finding he knowingly and intelligently waived his right to counsel, and refusing to give him access to grand jury documents.

4234 - Eastern Savings Bank v. Sanders

In this civil case, Appellant contends that the Master in Equity erred by (1) not granting Plaintiff’s motion to set aside the sale based on the test in Poole v. Jefferson Standard Life Ins. Co., 174 S.C. 150, 177 S.E. 24 (1934), as applied in Spillers v. Clay, 233 S.C. 99, 103 S.E.2d 759 (1958); and (2) finding the final bid was not so inadequate so as to shock the conscience of the court. We affirm.

4235 - Collins Holding Corp. v. Defibaugh

Reverses an award for a violation of the Unfair Trade Practices Act after concluding any damages suffered were not the result of a deceptive act on the part of the defendants.

4236 - Dropkin v. Beachwalk Villas Condominium Association

The court affirms the denial of a motion for directed verdict and a motion for a new trial in this personal injury case, finding the jury's general verdict for the defense justified based on a lack of proximate cause.

4237 - State v. Grigg

Appellant Rebecca Lee-Grigg (“Lee-Grigg”) challenges her conviction for forgery, contending the trial court erred in denying her (1) motion for a directed verdict; (2) request to charge the jury on a good faith defense; and (3) request to instruct the jury on use of evidence of good character. We affirm.

4-23-2007 - Opinions

4238 - Hopper v. Hunt

The South Carolina Uninsured Employers’ Fund (the Fund) appeals the circuit court’s order finding Kajima USA, Inc. (Kajima) and its workers’ compensation carrier were entitled to transfer liability to the Fund pursuant to Section 42-1-415 of the South Carolina Code (Supp. 2006). The Fund argues the circuit court erred by: (1) concluding Kajima satisfied the requirements of section 42-1-415 to transfer liability; (2) concluding no substantial evidence existed to support the Workers’ Compensation Commission’s finding that the certificate of insurance presented to Kajima showed coverage only in Georgia; and (3) relying on our decision in South Carolina Uninsured Employers’ Fund v. House, 360 S.C. 468, 602 S.E.2d 81 (Ct. App. 2004). We reverse.

4239 - State v. Dicapua

The State appeals the trial court's sua sponte grant of a new trial to the respondent Jeremiah Dicapua following his convictions for distribution of crack cocaine and possession with intent to distribute crack cocaine. We reverse and reinstate Dicapua's sentence.

4240 - Bage v. Southeastern Roofing Co.

Southeastern Roofing appeals the circuit court’s order finding the company was properly served by service of process on its employee, Debbie Green, and determining that it failed to show good cause to allow relief from an entry of default under Rule 55(c), SCRCP. We affirm.

4-30-2007 - Opinions

4241 - Shaw v. Coleman

Appellant appeals a permanent injunction preventing him from discharging firearms on his property or immediate surroundings, firing air rifles or pellet guns toward Respondents' property or person, and yelling or otherwise provoking the Respondents. We affirm as modified.