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Supreme Court Published Opinions - September 2013

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.

9-4-2013 - Opinions

27309 - In the Matter of Harvey Breece Breland

This is a disciplinary opinion in which the Court definitely suspends a lawyer.

27310 - In the Matter of Robert A. Gamble

In this opinion, the Court imposes a definite suspension of eigtheen months.

27311 - In the Matter of Former Aiken County Magistrate Donald Louis Hatcher

In this opinion, the Court issues a public reprimand for misconduct committed by former Aiken County Magistrate Donald Louis Hatcher.

27312 - In the Matter of Robert W. Mance

In this opinion, the Court imposed a six-month suspension as reciprocal discipline.

9-11-2013 - Opinions

27313 - Henderson v. Summerville Ford-Mercury

Appellant appeals from the circuit court's confirmation of an arbitration award, arguing the court erred (1) in failing to find Appellant's payment of the award mooted Respondent's request for confirmation; and (2) in applying the provision for confirming awards contained in the S.C. Uniform Arbitration Act, rather than the Federal Arbitration Act. We affirm.

27314 - Price v. Peachtree Electrical Services

The Court affirmed the Court of Appeals decision finding the Workers' Compensation Commission did not have subject matter jurisdiction over Peachtree's equitable subrogation claim, but modified the opinion as it relates to appealability to comply with the Court's ruling in Bone v. U.S. Food Service, Op. No. 27278 (S.C. Sup. Ct. filed June 26, 2013).

27315 - Home Builders Association v. School District No. 2 of Dorchester County

The Court reversed a circuit court order granting respondents judgment on the pleadings and dismissing the complaint which alleged an act was unconstitutional special legislation.

9-25-2013 - Opinions

27316 - Auto-Owners v. Rhodes

This Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in Auto-Owners Ins. Co. v. Rhodes, 385 S.C. 83, 682 S.E.2d 857 (Ct. App. 2009). We affirm in part and reverse in part. We hold the declaratory judgment action was procedurally proper save for a ruling on issues regarding property damages as there are related questions of fact that must be decided by a jury on retrial. Additionally, we affirm the Court of Appeals' determinations that Marion L. Eadon d/b/a C&B Fabrication constituted an "insured" and there was an "occurrence" for purposes of the Commercial General Liability policy.

27317 - Banks v. Brantley

The former trustees of a church brought a defamation claim against the pastor based on statements he allegedly made during a congregational meeting. The circuit court dismissed the case finding that due to the religious issues involved, the First Amendment deprived the court of jurisdiction. The court of appeals reversed, holding the circuit court had jurisdiction, and this Court granted certiorari. The Court affirmed, holding the claim could be resolved through the application of neutral principles of law and thus, the circuit court had jurisdiction.

27318 - In the Matter of Joenathan Chaplin

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

27319 - In the Matter of Sidney Jones

In this reciprocal disciplinary opinion, the Court disbarred respondent.

27320 - SCDSS v. Pringle

The Court reversed the familycourt order finding appellant was prejudiced by the admission of children's statements in violation of S.C. Code Ann. ยง 19-1-180 (G).