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Court of Appeals Published Opinions - February 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.

2-5-2009 - Opinions

4497 - State v. Bolin

In this criminal matter, Berry Scott Bolin (Bolin) asserts the trial court erred in (1) denying a requested jury charge on certain provisions of the "Castle Doctrine" contained in Section 16-11-440 of the South Carolina Code, and (2) denying his motion for a directed verdict. We affirm.

2-10-2009 - Opinions

4499 - Proctor v. Spires

Peter L. Proctor appeals from the family court's order finding he willfully failed to support his child and terminating his parental rights.

4500 - Floyd v. C.B. Askins & Co. Contractors

Claimant’s widow appeals the circuit court’s ruling limiting Claimant’s award to the balance of five-hundred weeks' compensation upon Claimant’s death from an unrelated cause. Employer cross-appeals the circuit court’s failure to credit it with attorney’s fees paid on Claimant’s behalf pursuant to an agreement between the parties. We affirm in part and reverse in part.

4501 - Horry County v. Ray

The special referee awarded proceeds of a foreclosure sale to the mortgagee bank. The County appeals arguing the bank had constructive or actual knowledge of the County's prior interest in the property. We affirm.

2-13-2009 - Opinions

4502 - Capital City Insurance Company v. BP Staff, Inc.

In this case, the trial court dismissed appellant Capital City Insurance Company's (Capital City) complaint of five counts of breach of contract against BP Staff, Incorporated (BP Staff) and one count of fraud against Samuel Blanton Phillips, III (Phillips), pursuant to Rules 12(b)(1), 12(b)(6), and 12(b)(8), SCRCP. We reverse the trial court's order and remand the case for further proceedings.

2-19-2009 - Opinions

4503 - Laser Supply and Services, Inc. v. Orchard Park Associates

A property owner filed this breach of contract action against a remediation contractor, and the circuit court awarded damages and attorney fees to the property owner upon the conclusion of a bench trial. The Court of Appeals affirmed the damages award and concluded that the scope of the work required by the parties’ contract for exterior siding replacement was on a

4504 - Stinney v. Sumter School District 17

Two high school students and their parents (the Stinneys) filed this negligence action against Sumter School District 17 after the District’s Board of Trustees upheld a decision to expel the students. The circuit court granted partial summary judgment to the District, dismissing the Stinneys' cause of action for denial of due process on the ground that the Stinneys failed to exhaust their administrative remedies. The Court of Appeals reversed on the ground that the Stinneys exhausted all levels of administrative review.

4505 - South Carolina Department of Motor Vehicles v. Holtzclaw

Department of Motor Vehicles (DMV) appeals the Administrative Law Court’s (ALC) dismissal of its appeal from the South Carolina Division of Motor Vehicle Hearings (DMVH). DMV contends the ALC erred in upholding the DMVH Hearing Officer’s order rescinding Joseph Holtzclaw’s suspended driver’s license and designation as an Habitual Offender. We affirm.

2-24-2009 - Opinions

4506 - Lee v. Locklear

Sara Anderson Lee appeals the probate court's finding that the last will and testament of Jettie Byrd Anderson was valid and not the result of undue influence.

4507 - State v. Hill

Hill argues a witness in his murder trial was improperly allowed to invoke the Fifth Amendment thereby precluding cross-examination regarding a prior incident in which the witness provided false information to the police. Furthermore, Hill contends the trial court erred in failing to charge that adverse inferences could be drawn from the witness's invocation of the Fifth Amendment privilege. Hill also maintains the trial court erred in denying his motion for mistrial based on the solicitor's comments during closing arguments. We affirm.

4508 - AJG Holdings, LLC v. Dunn

Levon Dunn and Pamela Dunn appeal the trial court's imposition of a preliminary injunction barring any commercial use of their property.

2-25-2009 - Opinions

4509 - American Legion v. Horry County

Horry County appeals the order of the circuit court requiring the County to refund admissions fees remitted by American Legion Post 15, American Legion Post 17, and Steve Johnson.

4510 - State v. Hicks #2

In this case, we determine whether the circuit court erred in revoking Hicks' probation and imposing upon him additional conditions of probation.

4511 - Harbit v. City of Charleston

The Court of Appeals upholds the trial court's grant of summary judgment in favor of the City of Charleston on several claims originating from the City's refusal to rezone a property owner's single family residential property for limited commercial use.

2-27-2009 - Opinions

4512 - Robarge v. City of Greenville

Plaintiffs, Janet Robarge and the Parker Sewer and Fire Subdistrict, formerly known as the Parker Water and Sewer Subdistrict (the District), brought this declaratory judgment action challenging a requirement imposed by Defendant City of Greenville (City) to execute an annexation covenant as a condition of acquiring a new connection to the City’s water lines. Plaintiffs asserted that the condition violates an agreement between the District and the City’s Commission of Public Works (Commission) that requires the Commission to provide water service to the District’s residents. The circuit court granted summary judgment to the City. The Court of Appeals affirmed on the ground that the unconditional obligation to provide water service applied only to those connections in existence at the time of the agreement's execution. The Court held that as to any additions made to the water system after the agreement's execution, the agreement expressly conditioned the obligation to provide service based on the prevailing rules, regulations, policies and approval of the Greenville Water System. The Court also held that the annexation covenant requirement did not unlawfully discriminate between different classes of owners of District properties.

4513 - Pringle v. SLR, Inc.

In this negligence action, the Pringles appeal the grant of summary judgment to SLR, Inc. At issue in this appeal is whether the trial court improperly failed to address there was evidence that SLR created the allegedly dangerous condition leading to Mrs. Pringle's injury and whether the doctrine of spoliation precluded the grant of summary judgment to SLR.