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Court of Appeals Published Opinions - January 2010

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.

1-11-2010 - Opinions

4644 - Carl Johnson v. Timothy Chad Hunter

Johnson's truck was hit head-on by a vehicle and then hit from the rear by Hunter's vehicle. The circuit court concluded these events constituted a single accident for purposes of Johnson's uninsured motorist coverage limiting recovery to a specific amount for "each accident." We affirm.

4645 - Blackbaud v. SC Department of Revenue

In this appeal, the South Carolina Department of Revenue (Department) contended the administrative law court (ALC) erred in finding Blackbaud was entitled to claim job development tax credits for jobs created after the cut-off date. The Court of Appeals affirmed as modified.

1-20-2010 - Opinions

4646 - In the Matter of Rabens

In this cross-appeal, David Adams and Dennis Rhoad appeal the circuit court's order affirming and modifying the probate court's award of attorney's fees to Adams. Rhoad argues the circuit court erred in: (1) finding a prior circuit court order was controlling as the law of the case and required an award of attorney's fees; (2) awarding attorney's fees when the contingencies of the written fee agreement were not met prior to Adams' suspension and ultimate disbarment; and (3) failing to find Adams' claim for attorney's fees was barred pursuant to the unclean hands doctrine. Adams argues the circuit court erred in finding an action to recover attorney's fees was an equitable matter and not an action at law. We reverse and remand.

4647 - Madden v. Bent Palm Investments

In this contract action from Lexington County, the Appellant sued for unpaid construction fees and for fifty percent (50%) of profits from the sale of a speculation home. In a bench trial, the trial court found Appellant entitled to $1,449.00. Appellant alleges this ruling is error and the trial court should have found Appellant entitled to $24,205.

1-28-2010 - Opinions

4648 - The State v. Randy Elders

Randy Elders appeals his convictions for armed robbery, assault and battery of a high and aggravated nature, and two counts of kidnapping, arguing that the trial court erred by admitting certain photographs and knives into evidence. Elders further contends that the trial court erred in failing to grant his motion for a directed verdict with respect to his kidnapping charges. Specifically, he claims that, because he had previously pled guilty to carjacking, the Double Jeopardy Clause barred the State from charging him with kidnapping for the same incident. We affirm.

4649 - Tracey Sims v. Dewey Gregory, Jr.

Tracy Sims, as guardian for Emma G., a minor child under the age of 18, appeals from the trial court's grant of summary judgment for Dewey Gregory in an action arising from a car accident. The trial court held (1) South Carolina law does not allow an alleged violation of a seatbelt law to be used as evidence of negligence, and (2) the injuries to the minor child were not caused by any negligence on part of Gregory but were caused by negligence of a third party. We affirm.