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South Carolina
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Supreme Court Published Opinions - July 2005

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.

7-5-2005 - Opinions

26007 - Manahan v. State

This case involves the State's ability to have an expert examine the defendant for criminal responsibility.

26008 - Treece v. State

This case determines the effect of a statutory mandate that a sentence be consecutive.

26009 - Smith-Hunter Construction v. Hopson

This mechanic's lien action involves the issue of whether the trial court erred by granting prejudgment interest to respondent-appellant, a builder.

7-11-2005 - Opinions

26010 - Koutsogiannis v. BB&T

This case involves the issue of whether the trial court erred by refusing to charge the jury the law of independent contractor.

26011 - Carr v. Guerard

In this fraudulent-transfer action brought by the appellant, the Court affirmed the circuit court's grant of summary judgment to the respondents. The judgment upon which the appellant based his fraudulent-transfer claim was more than ten years old, and therefore stale, when the appellant brought the action. The appellant, consequently, was no longer a judgment creditor and lacked standing to bring the action. In addition, the appellant's action was in fact part of an attempt to enforce the stale judgment. Courts will not permit litigants to circumvent the ten-year bar to the enforcement of judgments by styling their actions as something other than enforcement actions.

7-11-2005 - Orders

ORDER - In the Matter of Garry D. Conway

This is an order placing an attorney on interim suspension.
ORDER - Amendment to Rule 1.15(f) of the Rules of Professional Conduct, Rule 407, SCACR
This order follows the Court's earlier order substantially amending the Rules of Professional Conduct. This order further amends Rule 1.15(f) of Rule 407, SCACR, The amendments become effective October 1, 2005.
7-18-2005 - Opinions

25650 - Hessenthaler v. Tri-County Sister Help, Inc.

The Court affirmed the court of appeals' decision in result, holding that the employee handbook did not constitute a contract.

25996 - Bowman v. State Roofing Company

This case involves workers' compensation insurance financed by a premium finance company and the cancellation of insurance. This case involves the cancellation of workers' compensation insurance by a premium finance company.

26012 - Epworth Children’s Home v. Beasley

This case involved the validity and interpretation of a testamentary trust established in a will. The South Carolina Attorney General, acting under his statutory authority to enforce charitable trusts, appealed the rulings of lower courts which approved the immediate distrubution of trust assets to the beneficiaries, Epworth Children's Home and Prospect Methodist Church. The Supreme Court held that the lower courts erred in interpreting a will provision, and in applying the doctrines of equitable deviation and merger, to allow immediate distribution of trust assets. The Supreme Court reversed the lower courts and upheld the terms of the testamentary trust requiring payment of annual sums to each beneficiary.

7-18-2005 - Orders

ORDER - Brown v. Coe

This order states that a nonlawyer executor or personal representative of an estate cannot represent the estate in matters that constitute the practice of law as defined by this Court.
ORDER - In the Matter of Samuel F. Crews, III, Respondent
This is an order placing an attorney on interim suspension.
7-25-2005 - Opinions

25970 - Craig v. Craig

This is an action for divorce in which Wife seeks custody of the couple's youngest child, a division of the marital property, child support, and attorney's fees.

26013 - Stevens v. State

The Court reversed the PCR court’s decision because there was no evidence that Petitioner knowingly and voluntarily pled guilty to eighteen counts of receiving stolen goods and one count of obtaining property by false pretenses.

26014 - Sloan v. Department of Transportation

The Court reversed the Court of Appeals and held the DOT must comply with certain statutory procurement laws when awarding construction contracts.

26015 - Johnston v. SC Department of Labor

This case involves the issue of whether the Court of Appeals erred by finding the Real Estate Appraiser Board's failure to serve notice of its decision within the 30-day time period prescribed in S.C. Code Ann. sec. 40-60-150(C)(3) (Supp. 2004) deprived the Board of subject matter jurisdiction.

26016 - In the Matter of Harrell

This is a disciplinary opinion publicly reprimanding an attorney

26017 - In the Matter of Jackson

This is a disciplinary opinion publicly reprimanding an attorney

26018 - In the Matter of Screen

This is a disciplinary opinion publicly reprimanding an attorney