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Court of Appeals Published Opinions - August 2012

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.

8-1-2012 - Opinions

5012 - BMW v. Complete Auto Recon Services

In this insurance action, BMW of North America, LLC (BMW) appeals the trial court's granting of summary judgment in favor of Colony Insurance Company (Colony). BMW argues the trial court erred in (1) determining its insurance coverage was not triggered by damage to its cars; (2) determining Colony did not act in bad faith in denying BMW's claim; (3) determining the policy Colony issued to BMW was not illusory; and (4) dismissing its motion to compel as moot.

5013 - Watson v. Xtra Mile Driver Training

In this workers' compensation appeal, Geneva Watson (Watson) challenges the Workers' Compensation Appellate Panel's (Appellate Panel) decision to admit into evidence the strength category portion of the functional capacity evaluation (FCE). Additionally, Watson asserts the Appellate Panel erred in failing to find her permanently and totally disabled. Watson also claims the Appellate Panel erred in granting her employer, XTRA Mile Driver Training, Inc., and its insurance company, Hartford Underwriters Insurance Company (collectively, XTRA), credit for all temporary disability compensation paid after the date of maximum medical improvement (MMI). We affirm.

5014 - SCDOR v. Sandalwood Social Club

In this administrative action, Sandalwood Social Club d/b/a Spinners Resort and Marina (Spinners) appeals the Administrative Law Court's (ALC) decision to suspend its on-premises beer and wine permit and private club liquor by the drink license for sixty days. Further, Spinners contends the penalties imposed by the ALC violated its due process rights. We reverse and remand.

5015 - State v. Williams

In this criminal appeal, the Court of Appeals reverses Kevin Williams' conviction based on the State's violation of Doyle v. Ohio, 426 U.S. 610 (1976).

5018 - Dawkins v. Mozie

In this appeal, the Court of Appeals affirmed the special referee's decision to find Alfortina Dawkins was the sole and exclusive owner of family property based upon adverse possession. Additionally, the Court affirmed the referee's decision to find res judicata did not bar Dawkins from bringing an action for adverse possession.

5019 - Johnson v. SLED

The Court of Appeals reversed the circuit court's finding that the defendant, John Christopher Johnson, raised a claim for equitable relief because Johnson's complaint only asserted two legal causes of action. Additionally, the Court of Appeals reversed the circuit court's decision to remove Johnson from the sex offender registry because Johnson failed to qualify for any of the statutory methods for removal from the registry.

8-8-2012 - Opinions

4988 - Wells Fargo v. Smith

Michael Smith ("Smith") appeals the Master-in-Equity's ("Master") grant of Wells Fargo Home Mortgage, Inc.'s [1] ("Wells Fargo") motion to strike the jury demand. We affirm in part, reverse in part, and remand for further proceedings.

5020 - Rhame v. Charleston County School District

In this appeal from the Appellate Panel of the South Carolina Workers' Compensation Commission (Appellate Panel), Ricky Rhame contends the Appellate Panel erred when it held that his claim for a repetitive trauma injury to his back was barred by the statute of limitations.

8-15-2012 - Opinions

5021 - Southern Glass v. Kemper

This appeal arises from window replacement services performed for insureds of Kemper, an automobile insurance company, by Southern Glass & Plastics Company, Inc., an automobile glass repair and replacement business. Southern Glass contends the trial court erred in granting summary judgment to Kemper on Southern Glass's action to recover additional payments, determining the parties entered into an enforceable contract. We affirm.

5022 - Collins v. SC Workers' Compensation Uninsured Employers' Fund

The dependents of Gregory Collins filed this workers' compensation claim against West Expedited & Delivery Service, Inc., Seko Worldwide, Federal Insurance Co., Seko Charlotte (Seko), Nationwide Mutual Insurance Co., and the South Carolina Workers' Compensation Uninsured Employers' Fund (the Fund). The Fund appealed the order of the Appellate Panel of the South Carolina Workers' Compensation Commission, arguing it erred in finding Collins was not Seko's statutory employee. We reverse.

5023 - Holmes v. Holmes

In this appeal from the family court, Robin Holmes (Husband) appeals the family court order requiring he pay Rita Kay Holmes (Wife) $600 per month in alimony. We affirm as modified.

5024 - DiMarco v. DiMarco

In this domestic action, Brian DiMarco (Father) argues the family court erred in including rental income and capital gains in its child support calculation, and in awarding excessive attorney's fees and costs to Cheryl DiMarco (Mother). We affirm in part, reverse in part, and remand.

8-22-2012 - Opinions

5025 - State v. Vickery

In this criminal case, the State appeals the trial court's suppression of evidence arising out of a driver's license checkpoint because it alleges the checkpoint was constitutional. We reverse and remand.

5026 - State v. Lee

In this criminal action, Glenn R. Lee contends the trial court made many evidentiary errors throughout the trial. Specifically, Lee argues the trial court erred in: (1) admitting testimony concerning Lee's alleged prior bad acts; (2) admitting a videotape and transcript of an interview with Victim and testimony concerning the statements made in that interview; (3) qualifying a witness as an expert in forensic interview and assessment and delayed reporting; (4) denying a motion to suppress all evidence seized in the search of Lee's residence and all fruits of that search; (5) admitting evidence of alleged flight by Lee and his co-defendant (Donna Buie); (6) admitting evidence concerning involvement of the Department of Social Services (DSS); and (7) admitting photographs depicting nudity. In the alternative, Lee contends this case should be reversed and remanded because of cumulative error resulting in prejudice to him and a denial of his right to a fair trial. We reverse and remand.

5027 - Regions Bank v. Strawn

Regions Bank (the Bank) appeals the trial court's award of damages to subsequent purchasers of real property (the Property) under section 29-3-320 of the South Carolina Code (2007) for the Bank's failure to mark satisfied a mortgage on the Property. We affirm. Chief Judge Few dissents.

8-29-2012 - Opinions

5028 - Roddey v. Wal-Mart

Alice Hancock died in an automobile crash as she drove away from the Wal-Mart in Lancaster. She was being chased by Derrick Jones, an employee of U.S. Security Associates, Inc., which provided security in the Wal-Mart parking lot pursuant to a contract with Wal-Mart. At trial, the court directed a verdict for Wal-Mart, and the jury returned a defense verdict on the claims against Jones and U.S. Security. Hancock's estate appeals the decision to direct a verdict in favor of Wal-Mart. We affirm. Judge Short concurs in a separate opinion. Judge Huff dissents.