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Court of Appeals Published Opinions - July 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.

7-6-2007 - Opinions

4272 - Hilton Head Plantation Property Owners’ Association v. Donald

The Court of Appeals affirmed the Special Referee's order detrmining the State of South Carolina owns title to certain disputed land. Testimony established that the land in question was formed by dredging. Before the dredging, the land was below the usual high water line and, therefore, was owned by the State in trust for public purposes. Since a land owner cannot benefit from artificial accretion, the State remained the owner of the disputed land. Thus, the appellants could not have acquired ownership through chain of title from the developer. Also, since adverse possession does not run against the State, the appellants cannot own the land under an adverse possession theory.

4273 - Hendricks v. Hicks

The court affirms the master's finding of fraud against the assignor of a lease for failure to disclose that the waste removal system for the premises violated certain health and environmental regulations.

4274 - Bradley v. Doe

Bradley appeals the trial court’s decision granting Doe summary judgment on Bradley’s claim for recovery under his uninsured motorist coverage contending the trial court erred in finding no one independently witnessed Bradley’s accident and maintaining independent witnesses existed to provide circumstantial evidence that an unknown vehicle caused the accident.

7-13-2007 - Opinions

4275 - Neal v. Brown

Neal appeals the circuit court's decision to affirm the Appellate Panel's decision that had the effect of denying him a dock permit based on a statute that prohibited docks on lots with less than seventy-five feet of water frontage. We reverse.

4276 - McCrosson v. Tanenbaum

Husband appeals an order of the family court granting Wife custody of the parties' children, ordering Husband to pay $5,500 in child support and $100,000 of Wife's attorney's fees, and dividing the marital property in such a way that Wife receives ninety percent of the estate.

7-18-2007 - Opinions

4277 - In the Matter of the Care and Treatment of Kenneth J. White

In this sexually violent predator case, the Court of Appeals held that unadjudicated sexual offenses may be considered at the probable cause stage if relevant to the trial court's determination. Further, the Court concluded that the State's attempt to introduce an excerpt from an authoritative resource on mental and personality disorders was improper without the proper foundation. Based on these conclusions, the Court reversed the trial court and found probable cause existed to find the defendant was a sexually violent predator.

4278 - Bostic v. American Home Mortgage Servicing, Inc.

Appellant appeals the circuit court's order granting summary judgment in favor of Respondent, alleging the circuit court erred in finding that Respondent satisfied the "request" requirement of the Recording Statutes by sending via certified mail a check for the payoff amount of his mortgage.

7-26-2007 - Opinions

4280 - Smith v. Barr

Defaulting taxpayers brought an action to set aside a tax sale of real property, arguing Greenville County did not follow the statutory requirements. The Master-in-Equity issued an order setting aside the tax sale. The purchaser of the property at the tax sale appeals. We affirm

4281 - State v. Wigington

In this criminal matter, the appellant was convicted of murder and possession of a firearm during the commission of a violent crime in the shooting death of his son. He appeals, asserting the trial court erred in refusing to instruct the jury on self-defense and involuntary manslaughter.

4282 - State v. Davis

The S.C. Court of Appeals reversed the probation revocation court's decision to place Bradley Davis in the sex offender registry. Under Section 23-3-430(D) of the South Carolina Code, the probation revocation judge was without the authority to add Davis to the registry. Further, the solicitor failed to show good cause for placement on the registry and agreed to a plea arrangement whereby Davis was not required to register. The State and the court are bound by this plea agreement which they negotiated and accepted, respectively.

4283 - HK New Plan v. Coker

In this breach of contract action, Bradley Coker appeals the trial court's grant of summary judgment to HK New Plan, finding a lease renewal and amendment did not release Bradley from the original lease. We reverse and remand.