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Court of Appeals Published Opinions - January 2015

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.

1-7-2015 - Opinions

5288 - State v. Brown

Damon Tyler Brown (Appellant) appeals his convictions for one count of first-degree criminal sexual conduct (CSC) with a minor, three counts of lewd act upon a child, and three counts of first-degree exploitation of a minor, arguing the circuit court erred in allowing the State's child abuse dynamics and delayed disclosures expert to testify regarding general behavioral characteristics because her testimony (1) concerned information within the realm of lay knowledge, (2) improperly bolstered the minor victims' credibility, and (3) prejudiced Appellant's case. We affirm.

1-28-2015 - Opinions

5289 - Maull v. SCDHEC

James Maull appeals the Administrative Law Court's (ALC's) order affirming the South Carolina Department of Health and Environmental Control's (DHEC's) decision to issue an amendment to a critical area permit to David Abdo for the construction of a dock along the Atlantic Intracoastal Waterway (the intracoastal waterway) in Charleston County. Maull argues the ALC erred in (1) finding this matter is a private dispute that does not impact the public interest and (2) failing to consider the adverse impact of the amendment on his use and enjoyment of his property. We affirm in part and remand.

5290 - Alvarez v. Quality HR Services

The workers' compensation commission issued an order determining whether the South Carolina Property and Casualty Insurance Guaranty Association or the South Carolina Uninsured Employers' Fund was liable to pay benefits in ten consolidated workers' compensation cases. However, the commission never determined whether any of the ten claimants are entitled to benefits. We find the commission's order was not a final decision, and thus not immediately appealable. We vacate the circuit court's order on appeal from the commission and remand to the commission with instructions to promptly decide the merits of each claim.

5291 - Rose v. JJS Trucking

Chris Thompson Services, LLC and its carrier appeal the workers' compensation commission's refusal to order a transfer of responsibility pursuant to subsection 42-1-415(A) of the South Carolina Code (Supp. 2013). Because the commission has not yet ruled on the merits of Samuel Rose's entire claim for benefits, however, the order is not a final decision, and thus not immediately appealable. We dismiss.

5292 - Crossmann Communities v. Harleysville Mutual Insurance

In this insurance dispute, Crossmann Communities of North Carolina, Inc. (Crossmann) and Beazer Homes Investment Corp. (Beazer) (collectively, Appellants) appeal the trial court's order finding Cincinnati Insurance Company (Cincinnati) has no obligation to Appellants for costs incurred by Beazer to repair property damage at several condominium projects. Appellants argue the trial court erred in (1) determining commercial general liability (CGL) insurance policies underlying Cincinnati's umbrella policies were not exhausted; and (2) finding Cincinnati was not bound by a 2007 judgment. We affirm.