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Court of Appeals Published Opinions - October 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.

10-6-2010 - Opinions

4750 - Cullen v. McNeal

In this cross-appeal, the Appellants-Respondents (the Homeowners) argue the circuit court erred in (1) considering extrinsic evidence in interpreting the Declarations for Wright's Point; (2) construing the term

10-13-2010 - Opinions

4751 - State v. Lanier

Dana Eugene Lanier appeals his conviction for escape, arguing the trial court erred in failing to direct a verdict where Lanier was indicted for violating section 24-13-410 of the South Carolina Code and the indictment made no reference to section 24-3-50 of the South Carolina Code.

4752 - Farmer v. Florence County Sheriff's Office

The Florence County Sheriff's Office appeals an order requiring it to return items it confiscated from James David Farmer's retail business after the dismissal of an indictment against Farmer for trafficking in counterfeit goods was dismissed. Farmer cross-appeals the provisions in the order purportedly dismissing certain private causes of action he filed against the Sheriff's Office.

4753 - Ware v. Ware

Ralph D. Ware (Husband) appeals the family court's order denying his motion to vacate its divorce orders. Husband argues the family court erred in failing to vacate its orders because Wife had a full and fair opportunity to challenge the personal jurisdiction of the circuit court of Randolph County, Alabama (Alabama Court), which also entered divorce orders.

10-20-2010 - Opinions

4754 - Nelson v. Piggly Wiggly

Delores and Bernard Nelson (Appellants) appeal the entry of summary judgment in favor of Piggly Wiggly Central, Inc., d/b/a Piggly Wiggly of Bishopville, Inc., and Melco of Bishopville, Inc. (collectively "Respondents"). Appellants argue the circuit court erred in granting Respondents' motion for summary judgment despite the existence of genuine issues of material fact and in finding Respondents owed no duty to Appellants. We affirm.

4755 - Williams v. Smalls

Pearl C. Williams appeals the trial court's grant of summary judgment which held section 47-7-130 of the South Carolina Code (1987) did not impose strict liability on the owner of livestock for personal injuries suffered when Williams's automobile collided with escaped cows. We affirm as modified.

10-27-2010 - Opinions

4756 - Neeltec Ind v. Long, Willard

Neeltec Enterprises, Inc. d/b/a Fireworks Supermarket (Neeltec) appeals the special referee's order substituting two corporations, Foxy's Fireworks and Fireworks Superstore, as defendants in Neeltec's action against Willard Long.