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Supreme Court Published Opinions - March 2003

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.

3-3-2003 - Opinions

25601 - Beaufort County v. State

This case determines the constitutionality of a state statute requiring local tax assessors to value a "vacation time sharing ownership plan" differently than a "vacation time sharing lease plan."

3-3-2003 - Orders

ORDER - In the Matter of Larry D. McDonald

This order transfers Larry D. McDonald to incapacity inactive status and appoints Eugene C. Covington, Jr. to protect the interests of Mr. McDonald's clients.
3-10-2003 - Opinions

25602 - SC Farm Bureau v. SECURE

This case addresses the priority of coverage for concurrent insurance policies issued by two insurance companies.

25603 - The Father v. SCDSS

The Court of Appeals was correct in holding that sanctions may be awarded pursuant to the Frivolous Civil Proceedings Sanction Act against DSS in a child abuse and neglect action, and in reversing the award here. Nothing in this decision conflicts with our decision in Spartanburg County DSS v. Little, 309 S.C. 122, 420 S.E.2d 499 (1992). The opinion also discusses the appellate scope of review in an equity matter.

25604 - Davis v. Law Enforcement

Certiorari was dismissed as improvidently granted. See Davis. v. Orangeburg-Calhoun Law Enforcement Commission, 344 S.C. 240, 542 S.E.2d 755 (Ct. App. 2001).

25605 - In the Matter of Lester, R.

In this opinion, the Court publicly reprimanded Richard E. Lester for allowing non-lawyer personnel to conduct a real estate closing, including signing his name to documents, outside his presence.

3-17-2003 - Opinions

25606 - Hendricks v. Clemson University

In this case, the Court refused to recognize a duty flowing from Clemson University to a student when an advisor's incorrect advice caused the student to be inelegible to play baseball under NCAA rules.

25607 - State v. Wilkes

This criminal case involves the issue of whether the indictments for assault on a correctional facility employee were sufficient to confer jurisdiction on the trial court.

3-24-2003 - Opinions

25608 - In the Matter of the Care And Treatment of Billy Ray Tucker

This case involves the issue of whether the court erred by finding there was no probable cause to believe appellant's mental abnormality or personality disorder had so changed such that appellant was safe to be released from civil commitment and not likely to commit acts of sexual violence.

25609 - In the Matter of Fletcher C. Mann, Jr.

This opinion publicly reprimands former Greenville County Clerk of Court Fletcher C. Mann, Jr., for failing to comply with an order of destruction, arranging for electronic surveillance of a circuit court judge, and uttering a racial slur.

25610 - In the Matter of Former Jasper County Magistrate Joyce Lynn Leavell

This opinion publicly reprimands former Jasper County Magistrate Joyce Lynn Leavell for failing to promptly remit funds in a bond matter, collecting unauthorized fees in a warrant matter, failing to disclose her former employment by an attorney appearing before her, and arranging for a Magistrate's Sale of and issuance of title for a vehicle that did not properly belong to her.

25611 - In the Matter of Kimberli C. Aboyade

This opinion disbars Kimberli C. Aboyade for falsifying her law school transcript.

25612 - Schulmeyer v. State Farm

Certified question asking whether an automobile insurer must pay for dimunition in value of a car involved in an accident although it has been returned to pre-accident mechanical function.

25613 - Haselden v. Davis

Issue is whether evidence of amounts billed by a treating physician admissible to establish a medical malpractice plaintiff’s damages, where the plaintiff is a Medicaid patient who is not liable for any amounts billed in excess of the amount paid by Medicaid?

3-24-2003 - Orders

ORDER - In the Matter of Brigina Dicks-Woolridge

This order places Brigina Dicks-Woolridge on interim suspension and appoints George B. Cauthen and Philip B. Atkinson to protect the interests of the suspended attorney's clients.
3-31-2003 - Opinions

25614 - State v. Peake

The decision of the Court of Appeals reinstating the indictment against petitioner is affirmed.