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Court of Appeals Published Opinions - August 2008

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.

8-14-2008 - Opinions

4431 - Hatcher v. Jones & Co.

The issue presented here is whether a broadly-worded arbitration clause contained in an agreement for investment services should be applied to a lawsuit alleging the client’s funds were transferred electronically to a third party without his authorization or consent. We hold the claims relating to breach of the underlying agreement should be arbitrated but the claims for negligence and a violation of the South Carolina Unfair Trade Practices Act (SCUTPA) are not subject to arbitration. Accordingly, we affirm in part and reverse in part.

8-19-2008 - Opinions

4432 - Sanders v. Wal-Mart Stores, Inc.

This workers' compensation case involves the issues of whether an employee's injuries sustained in a fall were causally related to a previous work-related injury and whether the order of the Appellate Panel of the South Carolina Workers' Compensation Commission made sufficient findings of fact to support its determination that the injuries were not compensable.

8-27-2008 - Opinions

4433 - New Hope Missionary Baptist Church v. Paragon Builders

Paragon Builders appeals the circuit court’s failure to grant its Motion to Compel Arbitration and Dismiss or Stay the Complaint in Paragon’s dispute with New Hope Missionary Baptist Church. We find the circuit court erred in denying Paragon’s motion since New Hope failed to specifically challenge the arbitration clause of the construction management agreement.

8-28-2008 - Opinions

4434 - Kent v. SCDOT

In this case the trial court granted a new trial and issued sanctions for contempt. We affirm in part and reverse in part.