Supreme Court Published Opinions -
March 2014
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.
3-5-2014 - Opinions
27361 - In the Matter of Philip Earle Williams
This is an opinion disbarring a lawyer from the practice of law.3-12-2014 - Opinions
27362 - Coleman v. Mariner Health Care
The Court affirmed circuit court orders holding that a person authorized to make decisions concerning the health care of an incapacitated person under the Adult Health Care Consent Act does not have statutory authority to enter a voluntary arbitration agreement presented by a nursing home. Further, the Court agreed with the circuit court that there was no merger of the admission agreements and the arbitation agreements here.
The Court affirms in part, reverses in part, and remands, finding the statute of frauds applies to Appellants' breach of contract claims but finding there is a genuine issue of material fact as to whether equitable estoppel bars Respondents from asserting the statute of frauds as a defense.
The circuit court granted partial summary judgment to Respondents on Appellant's claims for malicious prosecution, abuse of process, and civil conspiracy. This Court certified the case for review pursuant to Rule 204(b), SCACR. We affirm in part, reverse in part, and remand.
The Court affirms the court of appeals' decision to affirm the trial court's denial of Petitioner's motion for a directed verdict on self-defense, finding that the trial court applied the proper standard at the directed verdict stage.
The Court reverses the court of appeals' decision and reinstates the administrative law court's final order, which reversed and denied the South Carolina Department of Health and Environmental Control's issuance of a permit for a commerical construction, demolition waste and land-clearing debris landfill.3-19-2014 - Opinions
27367 - In the Matter of Charles Rider
At issue in this case of first impression is whether South Carolina's Uniform Commercial Code or the common law of agency controls the transfer of certain financial assets.
The Court reverses the court of appeals' holding that petitioner's counsel's defective performance in failing to interview an alibi witness did not prejudice petitioner and accordingly, the Court affirms the PCR court's grant of relief to petitioner.3-26-2014 - Opinions
27369 - Stevens Aviation v. DynCorp International
The Court reverses in part and affirms in part, holding a contract is a requirements contract for certain aircraft and the court of appeals erred in granting summary judgment to a party who did not move for that relief below.
In this consolidated appeal, the Court affirmed the circuit court's decisions granting summary judgment in favor of Respondents and sanctioning Appellant pursuant to the Frivolous Civil Proceedings Sanctions Act.3-27-2014 - Opinions
We affirm the family court's order terminating Appellant's parental rights and denying her motion to dismiss based on Appellant's challenge to the constitutionality of section 63-7-2570(1) of the South Carolina Code.