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Supreme Court Published Opinions - October 2010

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.

10-4-2010 - Opinions

26882 - Grazia v. SC State Plastering

Anthony and Barbara Grazia appeal the circuit court's grant of a motion to strike class allegations from their complaint. The Grazias contend the circuit court erred in finding the Notice and Opportunity to Cure Construction Dwelling Defect Act is in conflict with the State's class action lawsuit jurisprudence under Rule 23, SCRCP. We agree and reverse.

10-11-2010 - Opinions

26883 - M and M Corporation v. Auto-Owners Insurance

The Court was presented with three certified questions from the United States District Court for the District of South Carolina, all concerning the classification of water that pooled on the plaintiff’s property and caused damage after it was cast from a stormwater drainage system. The Court answered all questions in the negative, holding the water at issue was neither surface water nor flood water for the purposes of the insurance policy in question.

26884 - In the Matter of Donald Keith Knight, Jr.

In this opinion, the Court disbarred Donald Keith Knight based on the voluntary surrender of his license to practice law in Georgia.

10-11-2010 - Orders

ORDER - Amendments to the South Carolina Appellate Court Rules

10-25-2010 - Opinions

26762 - James v. Anne's Inc.

Allie James argues the Workers' Compensation Commission has the authority to prorate a lump sum award of benefits using the life expectancy table in section 19-1-150 of the South Carolina Code.

26885 - Simuel v. State

Petitioner filed an application for post-conviction relief seeking a belated direct appeal and was denied. This Court granted a writ of certiorari from the denial of Petitioner's request.

26886 - Robinson v. Duggan

Petitioners brought an action to quiet title to nearly 30 acres of heirs’ property, seeking, among other things, to set aside a 2000 foreclosure of a half-acre lot for lack of service of process. The circuit court granted Respondent’s motion for summary judgment, and the court of appeals affirmed. This Court also affirms.