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Court of Appeals Published Opinions - June 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.

6-4-2007 - Opinions

4251 - State v. Bell

In this criminal case, Bell appeals his voluntary manslaughter and possession of a firearm during the commission of a violent crime convictions asserting the trial judge erred in (1) refusing to dismiss a juror who was asked by a daycare worker whether the juror was serving on the case where the daycare worker’s cousin had been shot and (2) refusing to disqualify the Tenth Judicial Circuit Solicitor’s Office from prosecuting the case where a former investigator with the Anderson County Public Defender’s Office interviewed appellant while with that office and later became an investigator with the Solicitor’s Office. We affirm.

6-8-2007 - Opinions

4252 - Hardaway Concrete Company, Inc. v. Hall Contracting Corporation

In this breach of contract action, Hall Contracting Corporation appeals the master-in-equity's finding for Hardaway Concrete Companay and the award of attorney's fees. We affirm in part, reverse in part, and modify.

6-14-2007 - Opinions

4253 - Hernandez-Zuniga v. Tickle

The Appellate Panel of the South Carolina Workers’ Compensation Commission found Andrew Tickle did not regularly employ four or more employees, thus the Appellate Panel did not have jurisdiction to award benefits to Hernandez-Zuniga.

4254 - Ecclesiastes Production Ministries v. Outparcel Associates

This opinion analyzes the efficacy of a mutual release between two entities as juxtaposed to a third party claim.

6-18-2007 - Opinions

4255 - State v. Thompson

The Court of Appeals affirmed the lower court's denial of a directed verdict motion when there was evidence that Furman Thompson was guilty of burglary in the first degree and attempted armed robbery under the "hand of one is the hand of all" theory of accomplice liability.

4256 - Shuler v. Tri-County Electric Co-op, Inc.

Concludes that the claimant, a member of the Board of Trustees of Tri-County Electric Co-op, was not an employee for purposes of determining his eligibility for workers' compensation benefits.

4257 - State v. Spare

Appellant appeals the revocation of his probation. He contends the circuit court judge erred in revoking his probation because the record established that he was making a bona fide effort to pay the court-ordered restitution.

4258 - Plott v. Justin Enterprises

At issue in this appeal is whether the trial judge correctly determined the owners of a servient estate improperly interfered with the use of an easement by the owners of the dominant estate.

6-21-2007 - Opinions

4259 - State v. Avery

The trial court did not abuse its discretion in denying Avery’s motion for change of venue, severance and suppression of a written confession to law enforcement. The family court did not abuse its discretion in transferring jurisdiction to the circuit court.

4260 - Ashley River Properties I v. Ashley River Properties II

In this civil appeal, Appellants present four major issues:(1) subject matter jurisdiction in regard to South Carolina as juxtaposed to an arbitration proceeding in another state;(2) an alleged forum selection clause violation;(3) a preemption issue in connection with the Federal Arbitration Act and S.C. Code Ann. § 15-7-120(A); and (4) an alleged issue in regard to enforcement of a forum selection clause and arbitration provision when Appellant Longman was not, in fact, a party.

4261 - State v. Edwards

In this criminal case, Appellant posits three major issues: (1) an alleged Batson error committed by the Circuit Judge; (2) a speedy trial violation; and (3) a failure to comply with Rule 3, SCRCrimP.

4262 - Town of Iva v. Holley

At issue in this appeal is whether the Town of Iva denied the appellants equal protection of the law in its enforcement of a zoning ordinance prohibiting mobile homes in certain areas.

4263 - Williams v. Williams

The issues in this appeal are (1) whether the family court properly dismissed an equitable distribution claim for failure to plead the requisite elements of fraud; and (2) whether the family court properly dismissed the daughters of the now-deceased wife as parties to the action.

6-27-2007 - Opinions

4264 - Law Firm of Paul L. Erickson, P.A. v. Boykin

Paul Erickson appeals the circuit court's order denying enforcement of a North Carolina default judgment based on the foreign court's lack of personal jurisdiction.

4265 - Osterneck v. Osterneck

The court affirms the master's ruling that an exchange of assets in the decedent's estate was consummated pursuant to an unwritten family agreement, the existence of which was challenged by Appellant.

4266 - Pressley v. REA Construction Company, Inc.

A construction company (or employer) and insurance company appeal the circuit court’s order requiring them to provide a wheelchair accessible mobile home to a disabled employee. The employer and insurance company further contend that the circuit court erred in finding the employee was entitled to receive ten hours per day of non-professional home healthcare.

6-28-2007 - Opinions

4267 - State v. Davis

Terry Bernard Davis appeals his conviction for voluntary manslaughter. Davis argues that the trial judge erred in declining to charge the jury on involuntary manslaughter.

4268 - Shelton v. LS&K, Inc.

Shleton appeals the trial court's granting of summary judgment to LS&K, Inc., and its denial of Shelton's motion to reconsider. We affirm.

6-29-2007 - Opinions

4269 - Wilson v. SCB&CB Employee Insurance Program

The State Budget and Control Board Emmployee Insurance Program appeals the circuit court's award of long term disability benefits to Wilson. The Insurance Program argues the circuit court exceeded its scope of review when it reversed the Long Term Disability Appeals Committee's denial of Wilson's claim. We agree and reverse.

4270 - State v. Ward

Ward appeals his murder conviction, arguing the trial court erred by (1) refusing to grant a mistrial after the State insinuated the crime revolved around gang activity, (2) permitting autopsy photos to be admitted, (3) charging the jury that "the hand of one is the hand of all," (4) refusing to grant a directed verdict in Ward's favor, and (5) allowing the State to play a recording of a co-defendant's testimony from a prior trial. We affirm.

4271 - MID-SOUTH MANAGEMENT v. SHERWOOD DEVELOPMENT CORPORATION

Mid-South and other parties in a joint venture appeal from the master-in-equity's order finding the parent companies of Sherwood Development were not liable to pay the judgment Sherwood owed to Mid-South. We affirm.