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South Carolina
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Supreme Court Published Opinions - June 2008

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.

6-2-2008 - Opinions

26497 - Wilson v. Preston

This case involves the issues of whether the trial court erred by ruling mandamus cannot issue to compel the Administrator to disclose financial records and narratives in legal bills to a county council member.

26498 - Drummond v. State

This is an action challenging the validity of regulations regarding the sales tax exemption for diabetic supplies.

26499 - In the Matter of Richard Allen McDowell, Sr.

This is a disciplinary opinion in which the Court suspended a lawyer from the practice of law for two years.

26500 - In the Matter of Patrick James Thomas Kelley

This is a lawyer disciplinary opinion in which the Court issued a public reprimand.

26501 - In the Matter of Former Aiken County Magistrate and Burnettown Municipal Court Judge Charles T. Carter

This is a judicial diciplinary opinion in which the Court imposed a public reprimand and barred the magistrate from future judicial service.

6-9-2008 - Opinions

26502 - Sonoco Products Company v. South Carolina Department of Revenue

We reverse the circuit court's order finding Respondent is entitled to a property tax refund on the ground Respondent's office buildings are not contiguous to its plant site and, thus, are entitled to a six percent assessment ratio.

26503 - Cole v. Raut

In this medical negligence case, the court of appeals reversed the trial court’s general verdict in favor of Petitioner doctor, holding that the trial court erred in instructing the jury on the defense of assumption of the risk. This Court granted certiorari and reverses the decision of the court of appeals, thereby reinstating the general jury verdict for Petitioner.

6-9-2008 - Orders

ORDER - In the Matter of John A. Pincelli

This order reinstates John A. Pincelli to the practice of law in South Carolina.
6-16-2008 - Opinions

26504 - Ex Parte: Gregory v. Malloy

This case involves the issues of whether the circuit court erred by (1) finding the suit against respondent was frivolous because appellant had conducted an insufficient investigation, and (2) awarding attorney fees and expenses which exceeded that provided for in the Frivolous Civil Proceedings Sanctions Act.

26505 - Seago v. Horry County

This case concerns whether further dissemination of public documents obtained pursuant to a FOIA request may be restricted where the government entity claims the information is copyright-protected.

6-16-2008 - Orders

ORDER - In the Matter of Anderson County Magistrate Michael F. Smith

This is an order placing a magistrate on interim suspension.
ORDER - In the Matter of Howard Hammer
This is an order placing an attorney on interim suspension.
6-23-2008 - Opinions

26482 - In the Matter of William Gary White, III

This is an attorney disciplinary matter.

26489 - State v. McGrier

We reverse the circuit court's order revoking six months for Appellant's violation of the Community Supervision Program.

26506 - South Carolina Public Interest Foundation v. Harrell

This appeal involves issues related to the one-subject rule as applied to various legislative acts.

26507 - Michael Scott B. v. Melissa M.

The Court reversed the decision of the Court of Appeals and held that attorney’s fees are recoverable by a non-prevailing party in a private action for termination of parental rights. Moreover, the family court did not abuse its discretion in awarding attorney’s fees to petitioner, and the Court of Appeals erred by vacating the family court’s award of attorney’s fees to petitioner.

26508 - Matthew A. Giannini v. South Carolina Department of Transportation

This cross-appeal in a tort case deals with numerous issues including JNOV, the Tort Claims Act, and apportionment of the verdict.

6-30-2008 - Opinions

26509 - American Credit v. Nationwide Mutual Insurance Company

This case involves the issue of whether the failure of the insured to utilize the liability insurance proceeds to repair the damaged automobile is a conversion of the automobile within the meaning of the Loss Payable Clause of the policy.

26510 - State v. Groome

The Court affirmed a circuit court order suppressing evidence obtained as the result of an unconstitutional drivers' license checkpoint.

26512 - Auto Owners Insurance Company v. Rollison

In this declaratory judgment action, we reverse the decision of the circuit court and find that Appellant was a "guest" for purposes of uninsured motorist coverage.

26513 - In the Matter of Michael David Wood

The Court in this opinion publicly reprimands Michael David Wood for misconduct.

26514 - In the Matter of Kenneth L. Mitchum

The Court in this opinion suspends Kenneth L. Mitchum from the practice of law in this state for nine months.

6-30-2008 - Orders

ORDER - In the Matter of David Arthur Braghirol

This is an order placing an attorney on interim suspension.
ORDER - Missouri v. State
This order denies Mr. Missouri's motion to reconsider the dismissal of his notice of appeal and to reinstate the matter. It also extends this Court's ruling in Haggins v. State, 377 S.C. 135, 659 S.E.2d 170 (2008) to the denial of petitions for a writ of certiorari pursuant to Johnson v. State, 294 S.C. 310, 364 S.E.2d 201 (1988).
ORDER - In the Matter of Ivan N. Walters
This is an order placing an attorney on interim suspension.