Chief Justice TOAL. In this case, the Court granted James G. Shore and Jan Shore's (Petitioners) request for a writ of certiorari to review the court of appeals' decision in Linda Mc Company, Inc. v. Shore, 375 S.C. 432 , 653 S.E.2d 279 (Ct.App.2007) affirming the trial court's issuance of an order to execute and levy a judgment against Petitioners. Petitioners have submitted a petition for rehearing which we now deny. Also, this opinion is submitted in place of the opinion previously...
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: The State seeks a writ of certiorari from an order granting respondent post-conviction relief (PCR) and a belated review of his direct appeal issues pursuant to White v. State, 263 S.C. 110 , 208 S.E.2d 35 (1974). We deny the petition for a writ of certiorari on the State's Question I. As to Questions II and III, we grant the...
Acting Chief Justice PLEICONES. Appellant was injured when his employer's vehicle in which he was riding as a passenger collided with a vehicle driven by an uninsured driver. Appellant has collected $13,520.21 in workers' compensation benefits, and has a tort suit pending against the uninsured driver. Respondent issued an automobile liability policy to employer. It provides for $15,000 in uninsured motorist (UM) coverage, but also has an offset clause for compensation benefits. Fifteen...
Chief Justice TOAL. This action was commenced by Earthscapes Unlimited, Inc. (Respondent) in February 2006 by service of a summons, complaint, and lis pendens on Richard and Ann Ulbrich (Appellants) seeking foreclosure of a mechanic's lien, alleging breach of contract, and in the alternative, seeking judgment under quantum meruit. Appellants' answer included a third-party claim against J.E. Black Construction Company, Inc. (J.E. Black). Respondent filed an amended complaint and lis pendens...
Justice KITTREDGE. The South Carolina Department of Motor Vehicles (SCDMV) appeals from an order of the circuit court establishing Respondent Don C. Gillespie's (Gillespie) right to a South Carolina driver's license. Because the SCDMV is not a party to this case, we dismiss the appeal. In 2008, Gillespie petitioned the circuit court for a driver's license. The statute relied on by Gillespie directed service on the State through the Solicitor's Office. The matter proceeded to a hearing. The...
PER CURIAM: The Office of Disciplinary Counsel (ODC) and respondent have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RLDE, Rule 413, SCACR, in which respondent admits misconduct and consents to the imposition of an admonition or a public reprimand. In addition, respondent agrees to complete the Legal Ethics and Practice Program Ethics School within one (1) year of the Court's opinion and to read and to require each of his employees to read the South Carolina...
Justice PLEICONES: Petitioner pled guilty to criminal domestic violence, third or subsequent offense (CDV 3rd). Petitioner filed this action in the Court's original jurisdiction seeking a writ of mandamus directing respondent to apply good time and earned work credits to reduce the actual time petitioner must serve. We find inmates convicted of CDV 3rd are required to actually be imprisoned for a mandatory one-year minimum. BACKGROUND On January 20, 2010, petitioner pled guilty to two...
Justice KITTREDGE: This is a legal malpractice action in which the trial court granted summary judgment to the law firm of Moore & Van Allen, PLLC and attorney W. Howell Morrison (Respondents). We certified the appeal of Harris Teeter, Inc. pursuant to Rule 204(b), SCACR. We affirm. I. STANDARD OF REVIEW Summary judgment is appropriate when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. See Rule 56(c), SCRCP; see also...
PER CURIAM: In Petitioners' quiet title action, they allege the foreclosure of Kathleen and Bobbie Brown's property in 2000 should be set aside for lack of service of process. Since the foreclosure, the property has been transferred several times: in 2002, at a judicial sale to Robert L. Tuttle and Christl Gehring; Gehring later transferred her interest to Tuttle; and in 2003, Tuttle transferred his interest to Respondent Daniel Duggan. In 2005, Petitioners filed a complaint and lis...
Chief Justice TOAL: The United States District Court for the District of South Carolina has certified to this Court three questions arising from a dispute concerning an all-risk Commercial Property Policy of insurance (the Policy). These questions concern the classification of water, for purposes of the insurance policy's coverage, that has been collected, concentrated, and cast onto adjoining property. FACTS/PROCEDURAL BACKGROUND M & M Corporation (Plaintiff) owns a hotel in Blythewood,...
Chief Justice TOAL: We granted South Carolina Second Injury Fund's (Fund) motion to transfer several appeals from the circuit court to this Court. We reverse the decisions of the South Carolina Workers' Compensation Commission. FACTS/PROCEDURAL HISTORY On June 20, 2007, the South Carolina General Assembly passed the Workers' Compensation Reform Act (Reform Act), which provides for the winding down of the Fund by June 30, 2013. See S.C.Code Ann. 42-7-320(A) (Supp.2009). Subsequent to the...
Chief Justice TOAL. Following a single vehicle accident, Respondents Sonya L. Watson and the Estate of Patricia Carter filed a products liability suit against Appellants. A jury found against Appellant Ford Motor Company ("Ford") and awarded Respondents $18 million in compensatory damages. On appeal, Ford argues that the trial court erred in several respects. After issuing an initial opinion, Respondents and Ford presented this Court with Motions to Clarify. Additionally, Respondents submitted...
Justice BEATTY: In this cross-appeal, we consider the central question of whether the South Carolina Workers' Compensation Commission ("the Commission") was required to promulgate a new regulation in order to change the fee payment schedule for ambulatory care centers. Because we find the Commission's actions were specifically authorized by an extant regulation and did not implicate the requisite private right to warrant due process protections, we reverse the portion of the circuit court's...
PER CURIAM: Appellant contends the trial judge erred in ordering her, the plaintiff in this Tort Claims Act (TCA) suit brought against three state agencies (respondents), to join other alleged joint tortfeasors as defendants at respondents' request, in order to effectuate the respondents' right to a proportionate verdict under S.C.Code Ann. 15-78-100(c) (2005). The trial judge agreed with respondents that he could require appellant to add party defendants, but ultimately dismissed the action...
Chief Justice TOAL. Steven V. Bixby was charged with the murder of Abbeville County Deputy Sheriff Danny Wilson and Abbeville County Magistrate's Constable Donnie Ouzts. Bixby was tried by a jury on two counts of murder and related charges. The jury found him guilty of all charges and recommended that he be sentenced to death. The trial judge imposed the death penalty. This appeal followed. We affirm. FACTS/PROCEDURAL BACKGROUND In December 2003, while working on a construction project in...
PER CURIAM: Following an investigation and hearing, a Hearing Panel of the Commission on Lawyer Conduct (Panel) found that Samuel Crews (Respondent) committed numerous acts of misconduct and recommended that Respondent be disbarred, ordered to pay costs of the proceedings, and ordered to pay restitution to clients and the Lawyers' Fund for Client Protection. Respondent now challenges the Panel's recommendation. As recommended by the Panel; we disbar Respondent, order him to pay restitution,...
ON WRIT OF CERTIORARI TO THE COURT OF APPEALS Chief Justice TOAL: In this case, the Court granted a writ of certiorari to review the court of appeals' opinion affirming the trial court's grant of summary judgment in favor of Respondents John Wood (Wood) and Government Employees Insurance Company (GEICO). FACTS/PROCEDURAL BACKGROUND On May 1, 2000, Wood was injured in an automobile accident during the course and scope of his employment with Appellant Grinnell Corporation d/b/a Grinnell Fire...
Justice KITTREDGE: This direct appeal presents the following question: If "A" has been injured and has a known claim against Defendant, but fails to file suit within the statute of limitations, and A thereafter dies as a result of the injury, may A's estate file and maintain a wrongful death claim against Defendant We answer the question, "No." We affirm the trial court's dismissal of Appellant's Complaint against Respondents. I. In October 2001, Michael L. Stokes consulted his family...
Justice BEATTY: In this heirs' property dispute, the Court granted the petition of Sara Mae Robinson and others ("Petitioners") for a writ of certiorari to review the decision of the Court of Appeals in Robinson v. Estate of Harris, Op. No.2008-UP-646 (S.C. Ct.App. filed Nov. 24, 2008). In this opinion, the Court of Appeals affirmed a circuit court order that granted summary judgment in favor of Martine A. Hutton on the grounds Petitioners' action to set aside a 1966 quiet title action was...
Justice BEATTY: In this heirs' property dispute, the Court granted the petition of Sara Mae Robinson and others ("Petitioners") for a writ of certiorari to review the decision of the Court of Appeals in Robinson v. Estate of Harris, Op. No. 2008-UP-648 (S.C. Ct.App. filed Nov. 24, 2008). In this opinion, the Court of Appeals affirmed a circuit court order that granted summary judgment in favor of The Converse Company, LLC ("Converse") on the grounds Petitioners' action to set aside a 1966...
