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Court of Appeals Published Opinions - September 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.

9-5-2012 - Opinions

5006 - Broach v. Carter

In this appeal, the court of appeals reversed the jury’s determination that Howard Jacobson tortiously interfered with James Broach’s and Mark Loomis’ contracts to sell real estate on behalf of Advantage Real Estate. Because the evidence did not support a cause of action for tortious interference with contract and no other cause of action existed to support an award of punitive damages, the court reversed the punitive damages award against Jacobson.

5029 - Williams v. Moore

In this property dispute, Elgie and Larry Moore appeal the trial court's decision to grant relief to Barbara B. Danley Williams, Sylvia H. Durant Cotton, Janie Durant Ancrum, Tricia Durant Middleton, and Carolyn Durant White (collectively known as Respondents). Specifically, the Moores argue the trial court erred in: (1) basing its decision on the incorrect survey; (2) denying the Moores' motion for directed verdict based upon standing; (3) allowing inadmissible, unreliable hearsay testimony into the record; (4) basing its order upon findings of fact not reflected in the record; and (5) revealing bias in favor of the Respondents.

5030 - Wyndham Enterprises v. City of North Augusta

Wyndham Enterprises, LLC and Rodney Wyndham (Appellants) appeal the circuit court's affirmation of The City of North Augusta Board of Zoning Appeals' (the BZA) denial of Appellants' special exception request to sell fireworks. Appellants argue the BZA acted outside the scope of its authority, and its decision was arbitrary, capricious, and violated Appellants' right to equal protection. We reverse.

5031 - State v. Price

Demetrius Price appeals his conviction for assault and battery with intent to kill. He argues the trial court erred in instructing the jury it could infer malice from the use of a deadly weapon. We affirm. Judge Short concurs in result only. Judge Huff dissents.

5032 - Lewis v. L.B. Dynasty

LeAndra Lewis appeals the decision of the workers' compensation commission that she was not an employee of L.B. Dynasty, Inc. and therefore was not entitled to benefits under the Workers' Compensation Act. We affirm. Judge Short dissents in a separate opinion.

9-12-2012 - Opinions

5033 - State v. McDonald

Derrick McDonald appeals from his convictions of murder and burglary in the first degree. He argues the trial court erred in admitting the statement of his non-testifying co-defendant, given to a law enforcement officer during the course of the investigation, without adequately redacting the portions of the co-defendant's statement implicating McDonald because it denied him of his right to confront and cross-examine the witness.

9-19-2012 - Opinions

5035 - Martin v. Bay

In this direct appeal, Appellants/Respondents Ann P. Bay and Harvie Goddin argue the Master-In-Equity (Master) erred in admitting evidence to interpret the extent of the easement at issue when the Master had found the covenant language determining the boundaries of the easement was unambiguous. Further, Bay and Goddin contend the Master erred in taking judicial notice of the propensity of the critical line to migrate and then imposing a setback in excess of the setback established by the county. On cross-appeal, the Patricia and David Martin argue the Master erred in reconsidering his decision to award attorney's fees. We affirm.