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Court of Appeals Published Opinions - November 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.

11-3-2009 - Opinions

4628 - Craft v. South Carolina Commission for the Blind

Mark Craft contends the trial court erred in finding he did not demonstrate the elements necessary to recover under a theory of promissory estoppel. We affirm.

11-4-2009 - Opinions

4618 - In the Matter of the Care and Treatment of James Miller

James Carl Miller appeals the trial court's denial of his motion to dismiss, arguing the State's failure to hold a hearing within sixty days after the court found probable cause to believe Miller was a sexually violent predator requires the action be dismissed pursuant to the Sexually Violent Predator Act. We affirm.

11-10-2009 - Opinions

4629 - Alonzo Brinkley v. SC Department of Corrections

Alonzo Brinkley appeals the circuit court's vacation of the jury award and grant of a new trial in favor of Respondent, South Carolina Department of Corrections (Department). Brinkley asserts sufficient evidence of gross negligence existed to support the verdict and the amount of the verdict was not so excessive as to shock the conscience. We affirm.

4630 - Leggett v. Smith

In this appeal from a declaratory judgment action, New York Central Mutual Fire Insurance Company appeals the trial court's ruling that the court had personal jurisdiction over the New York company and the company provided coverage for the accident at issue.

4632 - Plantation A.D., LLC v. Gerald Builders

Plantation A.D., LLC appeals the trial court's grant of summary judgment in favor of Gerald Builders and Jimmy Gerald in which the trial court found a memorandum of agreement was not binding because it was not supported by valuable consideration and two conditions precedent had not occurred.

11-19-2009 - Opinions

4633 - State v. Cooper

Gene Cooper appeals his convictions for murder, armed robbery, conspiracy to commit armed robbery, and kidnapping, arguing the trial court erred in: (1) denying Cooper's motion to dismiss the charges against him because his constitutional right to a speedy trial was violated; (2) finding Phillip Farmer was an unavailable witness and allowing Farmer's prior testimony to be read into the record because it denied Cooper his constitutional right to confrontation; and (3) ruling Cooper could be impeached with his 1977 convictions for housebreaking and grand larceny because the convictions were too remote and were highly prejudicial.

11-20-2009 - Opinions

4631 - Stringer v. State Farm

In this civil appeal, Appellant raises several issues that are encapsulated in the trial court’s ruling that the Plaintiff had uninterrupted automobile insurance coverage for the full policy period.