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Court of Appeals Published Opinions - October 2009

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.

10-2-2009 - Opinions

4621 - Michael P. v. Greenville County Department of Social Services

Former foster parents appeal from an order of the family court finding they lacked standing to petition the court to adopt their former foster child. The court of appeals affirmed.

10-8-2009 - Opinions

4622 - Carolina Renewal v SCDOT

Carolina Renewal contends the trial court erred in determining its breach of contract claim was barred by collateral estoppel. We affirm.

10-13-2009 - Opinions

4623 - In The Matter Of The Care And Treatment Of Leo McClam

The South Carolina Department of Mental Health and the State of South Carolina challenge an order transferring a sexually violent predator to a private treatment facility.

4624 - Branche Builders, Inc. v. Coggins

Branche Builders, Inc., a general contractor, brought suit against Saundra Coggins, a flooring subcontractor, doing business as Carolina Carpet World & Interiors, and Coggins & Kimbrell Enterprises, Inc. for breach of contract after the flooring Coggins installed started to buckle from moisture. The trial court found in favor of Branche Builders and Carolina Carpet World appealed. We affirm.

10-22-2009 - Opinions

4625 - Hughes v. Western Carolina Regional Sewer Authority

This is an appeal of a civil action from Greenville County in which judgment was entered against Appellant. The case arises from an auto accident in which Appellant's agent caused a minor accident with no injuries; however, while waiting for police to arrive on the scene a third party negligently collided with Respondent's stopped car causing significant injury to the Respondent. Appellant alleges that the trial court erred by; (1) failing to grant motions for directed verdict and judgment notwithstanding the verdict , alleging its agents were not the proximate cause of Respondent's injuries due to the intervening negligence of the third party driver; (2) instructing the jury on S.C. Code Ann. §§ 56-5-5060 – 56-5-5100 (1976); and (3) denying Appellant's motion to reduce or set-off the jury's award by the $80,000 Respondent received from the third party for the same injuries.

10-28-2009 - Opinions

4626 - Jeffrey v. Sunshine Recycling

Sunshine Recycling (Sunshine) and the South Carolina Uninsured Employers' Fund (UEF) appeal the circuit court's reversal of the Appellate Panel of the South Carolina Workers' Compensation Commission's (Appellate Panel) finding that Capital City Insurance (Capital City) was the workers' compensation insurance carrier for Sunshine when Lee B. Jeffrey, Sr. was injured. We reverse the circuit court's determination that the Appellate Panel lacked substantial evidence in finding Capital City reinstated Sunshine's insurance policy without a lapse in coverage.

4627 - South Carolina Department of Social Services v. C.H.

L.K. (Appellant) appeals the family court's order: (1) finding Appellant physically abused a minor child as defined by section 63-7-20 of the South Carolina Code (2008); and (2) requiring Appellant's name be placed in the Central Registry for Child Abuse and Neglect (Central Registry). We reverse.