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South Carolina
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Supreme Court Published Opinions - July 2012

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.

7-11-2012 - Opinions

27140 - Bentley v. Spartanburg County

The Court, C.J. Toal, held that the shooting and killing of a suspect by a deputy sheriff while on duty is not an extraordinary and unusual employment condition such that mental injuries arising from that incident are compensable under the Workers' Compensation Act.

27141 - Fountain v. First Reliance Bank

The Supreme Court affirmed the circuit court's grant of summary judgement in favor of First Reliance Bank and Thomas C. Ewart on Mark Fountain's defamation claim. The Supreme Court found the statement was not defamatory, but even if it was, a qualified privilege existed.

27142 - State v. Whitner

The Court affirms the trial court's admission of a tape recording between Appellant and the victim and a forensic interview tape.

27143 - Bradley v. Brentwood Homes

We affirm the circuit court's denial of Appellants' motion to stay the proceedings and compel arbitration as the transaction, the sale of a residential home, did not involve interstate commerce to subject the parties' agreement to the Federal Arbitration Act.

7-18-2012 - Opinions

27144 - In the Matter of Verdell Barr

This is an opinion publicly reprimanding a lawyer.

27145 - Johnson v. Rent-A-Center

The Court, C.J. Toal, affirmed, holding in this workers' compensation case that Employee is disabled pursuant to section 42-1-120 of the South Carolina Code because (1) Employee could not obtain employment as a result of injuries she suffered, and (2) she made reasonable effort to obtain employment as a phlebotomist. In addition, the Court found that Employer did not offer Employee light duty work, and Employee did not constructively refuse such work.

7-18-2012 - Orders

ORDER - In the Matter of Kenneth C. Krawcheck

This is an order placing a lawyer on interim suspension.
7-25-2012 - Opinions

27146 - BAC v. Kinder

The Court reversed the Master-in-Equity and held the assignee of a note and mortgage has a right to claim surplus funds generated by the foreclosure of a prior mortgage on the property. It also clarified Matrix Financial Services Corp. v. Frazer, 394 S.C. 134, 714 S.E.2d 532 (2011) and held that whether the assigned mortgage was closed without an attorney would not prevent the assignee from recovering the surplus funds because the mortgage was filed prior to the Matrix decision.

27147 - SC Farm Bureau v. Kennedy

In this declaratory judgment action regarding UIM coverage, the issue on appeal concerns whether a party was "upon" and thus "occupying" the insured vehicle.

7-26-2012 - Opinions

27148 - Adoptive Couple v. Cherokee Nation

The Court affirms the family court order denying the private adoption of an Indian child and the award of custody to the biological father.