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Supreme Court Published Opinions - September 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.

9-2-2008 - Opinions

26538 - Eagle Container Co., LLC v. County of Newberry

After careful review of Newberry County Zoning Ordinances, this Court held the mere addition of the word “landfill” to the listing of uses permitted did not alter the use classification of a landfill as the use classification is governed by another section. Accordingly, a landfill remains a “special exception” use in Newberry County.

9-2-2008 - Orders

ORDER - Amendment to Rule 607 (h)(1), SCACR

The Supreme Court has amended Rule 607, SCACR, to provide for a fee schedule for requests to provide transcripts on an expedited basis.
9-8-2008 - Opinions

26539 - Beachfront Entertainment, Inc. v. Town of Sullivan’s Island

This is a challenge to a local smoking ordinance prohibiting smoking in the workplace.

26540 - Campbell v. Campbell

In this case, the Court affirmed as modified the court of appeals decision setting aside the probate court’s appointment of two doctors to evaluate Petitioner’s competency in a conservatorship proceeding.

26541 - Lukich v. Lukich

The Court affirmed a decision of the Court of Appeals holding that Wife's second marriage was bigamous despite an annulment of the first marriage procured after the second marriage ceremony.

26542 - Wogan v. Kunze

The issue on certiorari is whether the trial court properly granted summary judgment.

26544 - Collins Holding Corporation v. Wausau Underwriters Insurance Company

In this case, the Court reverses the trial court’s grant of summary judgment and holds that Wausau Insurance Company did not breach its duty to defend Collins Holding Corporation.

26545 - Smith v. Hastie

Dismissed as Improvidently Granted.

9-8-2008 - Orders

ORDER - Amendments to Alternative Dispute Resolution Rules, Appendix G, Part IV, South Carolina Appellate Court Rules

9-15-2008 - Opinions

26546 - Fox v. Moultrie

Steven Fox, various Charleston County offices, and the Department of Revenue appeal the master's finding that Fox purchased property at a county delinquent tax sale pursuant to a federal tax lien. We affirm.

9-22-2008 - Opinions

26547 - Myrick v. Nexsen Pruet Jacobs Pollard & Robinson, LLP

In this case, the Court reverseed the trial court’s order and held that the attorneys breached the protective order and settlement agreement in the underlying litigation and the Court remanded the matter to the trial court for a determination of attorneys’ fees.

9-22-2008 - Orders

ORDER - In the Matter of Michael J. Sarratt

This is an order placing a lawyer on interim suspension.
ORDER - Amendments to Rule 415, South Carolina Appellate Court Rules
The South Carolina Bar Foundation has filed a petition to amend Rule 415, SCACR, to allow retired or inactive lawyers to provide legal services to organizations which receive IOLTA1 grants.
ORDER - Supreme Court Amends Rule 402, SCACR
The Supreme Court has amended Rule 402 to state that applicants must submit proof of graduation or completion of all requirements for graduation from an ABA approved law school prior to being allowed to take the bar examination. 
9-29-2008 - Opinions

26548 - In the Matter of Deborah A. Koulpasis

In this opinion, the Court suspends Deborah Koulpasis from the practice of law for two years, retroactive to the date of her interim suspension.