JUSTICE HEARN : We granted Marquez Devon Glenn's petition for a writ of certiorari to determine whether the court of appeals erred in affirming the circuit court's denial of immunity from prosecution under the Protection of Persons and Property Act ("the Act"), S.C. Code Ann. 16-11-410 to 450 (2015). State v. Glenn, Op. No. 2018-UP-169 (S.C. Ct. App. filed Apr. 25, 2018). We reverse the decision of the court of appeals and remand for a new immunity hearing. FACTUAL/PROCEDURAL...
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR. PER CURIAM . In this workers' compensation matter, we granted a writ of certiorari to review the decision of the court of appeals affirming the Workers' Compensation Commission's exclusion of Petitioner's vocational evaluation report from evidence. 1 Tedder v. Darlington Cty. Cmty. Action Agency, Op. No. 2018-UP-349 (S.C. Ct. App. filed...
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR. JUSTICE JAMES . In this medical malpractice case, jury verdicts were rendered against Wayne B. Bauerle, M.D., and his practice Wayne B. Bauerle, M.D., P.C., (Bauerle) in favor of Randall and Ann Green (the Greens), who were husband and wife. Randall Green received a verdict of $2.3 million and Ann Green received a verdict of $550,000. This...
JUSTICE HEARN : In this case we review the propriety of a grant of partial summary judgment in a condemnation action. The court of appeals affirmed the circuit court's ruling that the landowner, David Powell, was not entitled to compensation for any diminution in value of his remaining property due to the rerouting of a major highway which previously was easily accessible from his property. S.C. Dep't of Transp. v. Powell, 415 S.C. 299 , 781 S.E.2d 726 (Ct. App. 2015). We reverse and...
PER CURIAM . Petitioners seek a writ of certiorari to review the court of appeals' decision in Nero v. South Carolina Department of Transportation, 420 S.C. 523 , 804 S.E.2d 269 (Ct. App. 2017). We grant the petition, dispense with further briefing, reverse, and remand the case to the court of appeals to issue a ruling applying the substantial evidence standard of review. Respondent filed a workers' compensation claim alleging he sustained injuries to his back and shoulder while on the...
ACTING JUSTICE PLEICONES : This is an appeal from a circuit court order holding that the Appellants have no legal or equitable interests in certain real and personal property located in South Carolina, and enjoining the Appellants from utilizing certain disputed service marks and names. In this lead opinion I explain why I would reverse the entire order. The Respondents are the Protestant Episcopal Church in the Diocese of South Carolina (Disassociated Diocese); the Trustees of the...
JUSTICE HEARN : This protracted litigation emanates from Emmett Scully's departure from Allegro, Inc., a professional employer organization (PEO) 1 , in order to form a competing PEO — Synergetic, Inc. — along with former Allegro employees, including Yvonne Yarborough. Allegro brought this suit against Scully, Yarborough, Synergetic, and George Corbin — a former client of Allegro who also performed some accounting services for the company (collectively Petitioners). The jury returned a...
PER CURIAM : We granted certiorari to review the court of appeals' decision in Roe v. Bibby, 410 S.C. 287 , 763 S.E.2d 645 (Ct. App. 2014). We now dismiss the writ as improvidently granted. DISMISSED AS IMPROVIDENTLY GRANTED. PLEICONES, C.J., BEATTY, KITTREDGE, HEARN, JJ., and Acting Justice Jean H. Toal, concur.
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR. PER CURIAM . This case arises from the Bishopville Municipal Election Commission's decision to invalidate a May 2015 city council election. Edward Byrd, Ken Currie, Mike Morrow, and Willie Mae Muldrow—winning candidates in the election—appeal the circuit court's order affirming the Commission's decision, arguing the circuit court should have...
CHIEF JUSTICE PLEICONES : We agreed to hear these cases in the Court's original jurisdiction. The cases arise out of an on-going South Carolina Law Enforcement Division ("SLED") investigation into the past conduct of certain members of the General Assembly (the "redacted legislators"). Petitioner David Pascoe ("Pascoe") asks this Court declare "the Attorney General" recused himself and his Office from the redacted legislators matter, and vested Pascoe with the legal authority to act...
ACTING JUSTICE TOAL : D.R. Horton, Inc., asks this Court to reverse the court of appeals' decision in Smith v. D.R. Horton, Inc., 403 S.C. 10 , 742 S.E.2d 37 (Ct. App. 2013), affirming the circuit court's refusal to compel arbitration between Gregory and Stephanie Smith (collectively, the Smiths) and D.R. Horton. We affirm. FACTS/PROCEDURAL BACKGROUND D.R. Horton is a corporation specializing in residential construction. In March 2005, the Smiths entered into a home purchase...
ACTING CHIEF JUSTICE HEARN : This appeal arises from a total verdict of $17,199,306 rendered in favor of Francis P. Maybank for claims sounding in contract, tort, and the South Carolina Unfair Trade Practices Act (UTPA). Maybank brought this action alleging he received faulty investment advice from Branch Banking and Trust (BB&T) Company (the Bank) through BB&T Wealth Management (Wealth Management) and BB&T Asset Management (Asset Management), all operating under the corporate umbrella of...
ACTING JUSTICE TOAL : Linda Johnson asks this Court to review the court of appeals' decision in Johnson v. Heritage Healthcare of Estill, Op. No. 2014-UP-318, 2014 WL 3845115 (S.C. Ct. App. filed Aug. 6, 2014), reversing the circuit court's finding that Heritage Healthcare of Estill (HHE) 1 waived its right to arbitrate the claims between it and Johnson. We granted certiorari and now reverse. FACTS/PROCEDURAL BACKGROUND In 2007, Johnson enrolled her mother, Inez Roberts (Mrs. Roberts),...
THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR. ON WRIT OF CERTIORARI TO THE COURT OF APPEALS PER CURIAM . Petitioner sought a writ of certiorari to review the decision of the court of appeals in Kennedy Funding, Inc. v. Pawleys Island N., LLC, Op. No. 2015-UP-138 (S.C. Ct. App. filed March 11, 2015). We granted the petition and issued an opinion on October 14, 2015. Respondents filed...
Justice HEARN . The issue here is whether a plaintiff who obtained a Rule 68, SCRCP, judgment of $5,100 in his favor is a prevailing party within the meaning of the Civil Rights Act, 42 U.S.C. 1988 (2006), and is therefore entitled to attorneys' fees. For the reasons discussed herein, we hold he is and reverse and remand for further proceedings consistent with this opinion. FACTUAL/PROCEDURAL BACKGROUND 1 In 2003, William Alvin Hueble purchased 220 acres of farming and hunting...
Justice KITTREDGE . Loretta Traynum and Leonard Traynum (collectively, Appellants) appeal the trial court's grant of summary judgment to Respondent Progressive Direct Insurance Co. (Progressive), arguing the trial court incorrectly held that Progressive made a meaningful offer of underinsured motorist (UIM) coverage via its website. We affirm. I. In April 2007, Loretta Traynum (Traynum) purchased an automobile insurance policy from Progressive through Progressive's website. Instead of...
PER CURIAM . This attorney disciplinary matter stems from allegations that Respondent Timothy Eugene Moses stole thousands of dollars from his law firm (the Firm) by improperly billing clients. Respondent, who admitted to the misconduct after the Office of Disciplinary Counsel (ODC) filed formal charges, appeared before a panel of the Commission on Lawyer Conduct (the Panel). The Panel recommended Respondent be suspended from the practice of law for one year. Both Respondent and ODC raise...
PER CURIAM . In this attorney disciplinary matter, respondent and the Office of Disciplinary Counsel (ODC) have entered into an Agreement for Discipline by Consent (Agreement) pursuant to Rule 21 of the Rules for Lawyer Disciplinary Enforcement (RLDE) contained in Rule 413 of the South Carolina Appellate Court Rules (SCACR). In the Agreement, respondent admits misconduct and consents to a definite suspension of nine months to three years, or disbarment, with conditions. We accept the...
Justice , KITTREDGE . We issued a writ of certiorari to review the court of appeals' decision in Brock v. Town of Mount Pleasant, 411 S.C. 106 , 767 S.E.2d 203 (Ct.App.2014), that the Town of Mount Pleasant (the Town) did not violate the Freedom of Information Act (FOIA) 1 by taking unnoticed action following executive sessions at special meetings. Having carefully reviewed the record and law, we agree with Petitioner Stephen George Brock that the Town technically violated FOIA and...
Acting Justice , TOAL . Richard Hartzell (Petitioner) appeals the court of appeals' decision reversing the South Carolina Workers' Compensation Commission's (the Commission) determination that he was entitled to medical benefits for a work-related back injury. See Hartzell v. Palmetto Collision, L.L.C., 406 S.C. 233 , 750 S.E.2d 97 (Ct.App.2013). We reverse and remand. FACTUAL/PROCEDURAL HISTORY In February 2009, Petitioner, who was fifty years old at the time, worked as an auto body...
