9-28-2016 - Opinions
5407 - One Belle Hall v. Trammell Crow
In this civil matter, Tamko Building Products, Inc. (Tamko) appeals the circuit court's denial of its motion to dismiss One Belle Hall Property Owners Association, Inc. (the Association) and Brandy Ramey's (collectively "Respondents") claims and compel them to arbitration. Tamko argues the court erred in finding the arbitration clause located in its limited warranty was unconscionable and unenforceable. We reverse.
5441 - State v. Land
A Lexington County jury convicted David A. Land of three counts of sexual exploitation of a minor, second degree. Land appeals his convictions, arguing the circuit court erred in denying his motion for a directed verdict because the State failed to provide sufficient proof from which a reasonable jury could conclude that he knowingly distributed or exchanged pictures or videos of minors engaged in sexual acts as prohibited by section 16-15-405(A) of the South Carolina Code (2015). We affirm.
5442 - Delaney v. First Financial of Charleston
Otha Delaney appeals the trial court's grant of First Financial of Charleston, Inc.'s motion to dismiss his class action complaint for damages and equitable relief under the Uniform Commercial Code (UCC), alleging the court erred in (1) dismissing the complaint as time-barred by applying the incorrect statute of limitations, and (2) determining the date the statute of limitations began to run. We affirm.
5443 - State v. Walters
The State appeals the circuit court's dismissal of its case against Steven Walters, Jr. for driving under the influence (DUI), second offense. The State argues the circuit court erred in finding: (1) the video recording of the incident site failed to comply with the requirements of section 56-5-2953(A) of the South Carolina Code (Supp. 2015); and (2) section 56-5-2953(B) of the South Carolina Code (Supp. 2015) was not applicable.
5444 - Rose Electric v. Cooler Erectors of Atlanta
In this dispute arising out of a construction project, Rose Electric, Inc. (Rose Electric) appeals the trial court's order finding for Southern Produce, Inc. (Southern) and S2P, LLC, (S2P) (collectively Respondents), arguing the trial court erred in (1) finding an express contract barred its recovery under the theory of quantum meruit; (2) finding Rose Electric did not establish the elements of its quantum meruit claim; (3) and failing to award Rose Electric damages. We reverse and remand.
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