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Supreme Court Published Opinions - August 2011

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.

8-1-2011 - Opinions

27016 - Bon Secours-St. Francis Xavier Hospital v. Wieters

The Supreme Court affirmed the trial court's order of sanctions against Appellant for abusive removal practices.

27017 - DiMarco v. DiMarco

The family court had ordered sanctions against Petitioner, and the court of appeals affirmed as modified. The Supreme Court reversed because the ordered sanctions violated Petitioner's rights under the Sixth Amendment.

27018 - Barron v. Labor Finders

The Court affirmed as modified the Court of Appeals opinion affirming the circuit court's grant of summary judgment as to petitioner's wrongful termination claim.

8-1-2011 - Orders

ORDER - In the Matter of Scott Matthew Wild, Petitioner

8-8-2011 - Opinions

26859 - Matrix Financial Services Corporation v. Frazer

The Supreme Court granted a petition for rehearing on Matrix Financial Services Corp. v. Frazer, No. 26859, 2010 WL 3219472 (S.C. Sup. Ct. Aug. 16, 2010). The Court withdraws that opinion and substitutes the following opinion, which also reverses the master-in-equity's grant of equitable subrogation. The Court holds that equitable subrogation is not available to a lender that refinances the debt owed to it, and that a lender who closes a loan without the supervision of an attorney may be precluded from receiving an equitable remedy.

27019 - In the Matter of Jody Vavra Bentley

This is a disciplinary opinion in which the Court suspended a lawyer.

27020 - In the Matter of L.A. "Smokey" Brown, Jr.

This is a disciplinary opinion in which the Court publicly reprimanded a lawyer.

27021 - In the Matter of Joseph P. Cerato

This is a disciplinary opinion in which the Court publicly reprimanded a lawyer.

27022 - In the Matter of Tammie Lynn Hoffman

This is a disciplinary opinion in which the Court suspended a lawyer.

27023 - In the Matter of Municipal Court Judge Sheryl Polk McKinney

This is a disciplinary opinion in which the Court definitely suspended a judge.

8-15-2011 - Opinions

27024 - Trotter v. Trane Coil

The Court holds the Workers' Compensation Commission did not abuse its discretion in denying motions by the employer and its carrier for a continuance or to hold the record open for the depositions of two witnesses to be taken.

27025 - Clarendon County v. TYKAT

Clarendon County through the Clarendon County Assessor v. TYKAT, Inc.

27026 - Hilton Head v. SCDOT

In this inverse condemnation case, the Court upheld the circuit court's decision granting summary judgment in favor of the South Carolina Department of Transportation.

27027 - State v. Tennant

In this criminal appeal, the Court upheld the Petitioner's convictions but modified the court of appeals' analysis with respect to certain evidentiary issues.

8-22-2011 - Opinions

26909 - Crossmann Communities v. Harleysville Mutual

The Court affirms the trial court's finding of coverage, but reverses and remands as to the allocation of the loss among successive insurers, overruling Century Indemnity Co. v. Golden Hills Builders, Inc.

27028 - In the Matter of Craig Poff

This is an attorney discipline matter.

27029 - Clea v. Odom

In this dog bite case, the Court affirmed in part and reversed in part, finding there is a material question of fact whether the landlord was liable under the theories of strict liability and common law negligence.

27030 - Nationwide Mutual v. Eagle Windows

The Court reversed a circuit court order dismissing the case under Rule 12 (b), SCRCP.

27031 - Allison v. W. L. Gore

The Court held the Workers' Compensation Commission lacks the authority to extend the time to appeal from the decision of the single commissioner.

8-22-2011 - Orders

ORDER - In the Matter of Charles E. Johnson

This is an order granting a Petition for Reinstatement.
ORDER - Amendments to the South Carolina Rules of Professional Conduct, Rule 407 of the South Carolina Appellate Court
8-29-2011 - Opinions

27032 - CFRE v. Greenville County Assesor

The Court held that Section 12-2-25(B)(1) of the South Carolina Code (Supp. 2010) permits a single-member limited liability company to qualify for the four percent legal residence property tax ratio.

27033 - Terry v. State

27034 - SCFCU v. Higgins

In this case, the Court considered an appeal from a grant of a directed verdict.

27035 - School District Fairfield v. State

In its original jurisdiction, the Court considered the constitutionality of Act 308 of the South Carolina Acts of 2010.

27036 - FACES v. Tripon

The Court reversed the circuit court's grant of summary judgment as to FACES' claims for breach of contract and breach of the duty of loyalty.