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South Carolina
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Supreme Court Published Opinions - October 2006

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.

10-2-2006 - Opinions

26203 - Gressette v. SCE&G

This is an appeal from the dismissal of a complaint claiming SCE&G improperly conveyed use of its fiber optic cables in the easements granted by landowners.

10-9-2006 - Opinions

26211 - In the Matter of Robert E. Lee

This is a disciplinary opinion in which the Court definitely suspended an attorney from the practice of law for 180 days with conditions for reinstatement.

26212 - In the Matter of Thomas B. Hall

This is a disciplinary opinion in which the Court definitely suspended an attorney from the practice of law for nine months.

10-9-2006 - Orders

ORDER - In the Matter of T. Andrew Johnson

This is an order placing an attorney on interim suspension.
ORDER - Amendments to Rule 2(q) and 3(g), RLDE, Rule 413, SCACR
This order expands the definition of
10-16-2006 - Opinions

26213 - Howell v. US Fidelity and Guaranty Insurance Company

The Supreme Court answered a certified question from the United States District Court for South Carolina and held S.C. Code Ann. § 38-77-160 does not require an insurer providing only voluntary liability coverage for hired and non-owned automobiles to make an offer of underinsured motorist coverage to the named insured.

10-23-2006 - Opinions

26214 - Doe Law Firm v. Henry Richardson

The Court holds that the disbursement of loan proceeds in a residential loan closing must be supervised by an attorney.

26215 - Arnal v. Arnal

“The Court affirms as modified the Court of Appeals’ decision by holding that a bad faith motivation to avoid a support obligation is not required in order to prove voluntary underemployment.”

26216 - Doctors Hospital of Augusta v. CompTrust

This is a certified question addressing the proper forum for a fee dispute between an out of state medical care provider and a Workers’ Compensation Insurance carrier. The Court held that the Workers’ Compensation Commission does not have jurisdiction to review such a fee dispute.

26217 - Hardee v. Bio-Medical Applications

This appeal arises out of the trial court’s decision to grant summary judgment in favor of Conway Dialysis Center (Respondent).

10-23-2006 - Orders

ORDER - Dycippa Garner v. State

This order dismisses the appeal and remands this post-conviction relief matter to the circuit court for findings on all of the issues raised in the post-conviction relief application.
ORDER - In the Matter of Kristine L. Esgar
This order places Kristine L. Esgar on interim suspension pursuant to Rule 17(c) of Rule 413, SCACR, and appoints Holly Saleeby Atkins to protect the interests of Ms. Esgar's clients.