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South Carolina
JUDICIAL DEPARTMENT
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Supreme Court Published Opinions - September 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.

9-6-2005 - Opinions

26037 - Jackson v. Swordfish Investments, L.L.C.

Appellant was shot multiple times inside a Columbia nightclub and brought a negligence action against Respondent, the commercial landlord which owned the premises. The Supreme Court affirmed the grant of summary judgment to Respondent, concluding that exceptions to the traditional rule of nonliability for landlords did not apply under the facts presented in this case. The Supreme Court declined to address the duty generally owed by commercial landlords to invitees in this case, where the crime occurred inside leased premises not under the landlord’s control and Appellant presented no evidence of any alleged criminal or suspicious activity occurring in areas under the landlord’s control. Justice Pleicones filed a dissenting opinion, which Chief Justice Toal joined.

9-19-2005 - Opinions

26038 - In the Matter of Newberry Cty Magistrate Beckman

This is an opinion suspending a magistrate.

26039 - Davis v. Greenwood School District 50

In this case, the Court affirmed the trial court’s decision granting summary judgment in favor of Greenwood School District 50. The Court found that the District was not legally bound to give financial incentives to teachers who become national board certified.

26040 - Byrd v. City of Hartsville

The Court affirmed the circuit court's grant of summary judgment for Respondent. There was no genuine issue of material fact on Appellant's inverse-condemnation claim, and Respondent was entitled to judgment as a matter of law.

26041 - Callen v. Callen

The Court reversed the family court's finding a common-law marriage. The family court committed multiple errors of law that required the decision to be reversed and the case remanded for a new hearing.

9-19-2005 - Orders

ORDER - In the Matter of Peter L. Murphy

This is an order placing an attorney on interim suspension.
9-26-2005 - Opinions

25854 - L-J, Inc. v. Bituminous Fire and Marine Insurance Company

On rehearing, the Court held that faulty workmanship does not constitute an occurrence as defined by a commercial general liability policy.

26042 - State v. Freiburger

This is an appeal of a murder conviction stemming from the 1961 shooting death of a Columbia cab driver. Freiburger raises numerous evidentiary issues.

26043 - Houck v. State Farm Fire and Casualty Insurance Co.

At issue is the liability of Respondent, State Farm Insurance Company, to Appellants, homeowners in Beaufort County for allowing them to purchase Standard Flood Insurance Policies covering their homes, when Preferred Risk Policies were available for a lower cost.

26044 - In the Matter of James Ira Ruff

This is an attorney disciplinary opinion in which the Court imposed an indefinite suspension.

26045 - Bray v. State

9-26-2005 - Orders

ORDER - In the Matter of John W. Rabb, Jr.

Reinstatement to the practice of law pursuant to Rule 32, RLDE.
ORDER - Brown v. Coe
This order clarifies the Court's previous order in this matter finding that a personal representative could not represent the estate on appeal.
ORDER - In the Matter of James Ira Ruff
This is an order appointing an attorney to protect an attorney's clients' interests.