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Court of Appeals Published Opinions - September 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.

9-18-2007 - Opinions

4292 - SCE&G v. Hartough

In this declaratory judgment action, appeallant appeals the special referee's order finding SCE&G has a valid and enforceable option. She also appeals the award of attorney's fees to SCE&G. We affirm.

4293 - Penny Creek Associates v. Fenwick Tarragon Apartments

Penny Creek appeals the master-in-equity's order granting summary judgment to Fenwick Tarragon Apartments and Trademark Properties in this declaratory judgment action. Penny Creek argues the master erred in determining the conversion of apartments into condominiums did not require Penny Creek's prior approval pursuant to the covenants and restrictions. We affirm.

4294 - SCDSS v. Mother

The Court of Appeals affirmed the family court's termination of a mother's parental rights to her daughter. Among other arguments, the mother claimed because she suffered from mild mental retardation, DSS's failure to provide her specialized, accessible services was a violation of her due process and equal protection rights as well as a violation of the Americans with Disabilities Act. The Court of Appeals declined to address the mother's due process and equal protection arguments, finding that when parental rights are terminated pursuant to South Carolina Code section 20-7-1572 (Supp. 2006), the court need not address ensuing constitutional arguments. In responding to the mother's arguments regarding the ADA, the Court looked to our sister state of North Carolina, which recently addressed a similar claim in a TPR case. Noting that if the state has made "reasonable efforts" to correct the conditions that initiated the state's involvement, the Court found the state satisfies the ADA's requirements for reasonably accommodating a parent's disabilities. Because DSS made reasonable efforts to accomodate the mother, despite her mental disabilities, DSS did not violate the ADA.

9-26-2007 - Opinions

4295 - Nationwide Mutual Insurance Company v. Smith

Nationwide Mutual Insurance Company brought a declaratory judgment action to determine whether the insurance policy covering a vehicle involved in an accident was void for lack of an insuraable interest. The trial court granted summary judgment in favor of the Insured, finding the insurable interest requirement for liability insurance was irrelevant when dealing with uninsured motorist coverage. Nationwide appeals the grant of summary judgment.