MCDONALD , J. : This is a declaratory judgment action to determine whether State Farm Mutual Automobile Insurance Co. (State Farm) has a duty to defend and provide liability and underinsured motorist (UIM) coverage following the death of an unattended child (S.G.) in a vehicle insured by a State Farm automobile policy. Appellants Beverly Goyeneche (Grandmother) and Amanda Goyeneche (Mother) appeal the circuit court's order finding their claims arising from S.G.'s death are excluded from...
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 . Wylie Neil Doyle, Timothy Lee, Anthony J. Mottola, III, and David Todd (Employees) appeal an order of the trial court directing a verdict in favor of Horry County d/b/a Horry County Fire Rescue (Employer) and the denial of Employees' motion for reconsideration and new trial in their suit for violation of the South Carolina...
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 . John McDaniel—an employee at Career Employment Professional d/b/a Snelling Staffing (Snelling Staffing), a temporary staffing agency—injured his left foot while working at his work placement site, Alside Revere. He filed a workers' compensation claim against Snelling Staffing and United Wisconsin Insurance Company (collectively,...
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. LOCKEMY , C.J. Alicia M. Rudick (Wife) appeals a family court order claiming the family court improperly valued several marital assets and therefore, the equitable distribution award to Brian R. Rudick (Husband) is incorrect. In addition, Wife argues the family court erred in awarding Husband $3,000 per month in permanent periodic alimony...
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), SCARC. PER CURIAM . George and Teresa Payne (Grandparents) appeal an order denying their motion to intervene in a Department of Social Services (DSS) removal action involving their grandchildren. On appeal, Grandparents argue the family court erred in denying their motion to intervene. We reverse and remand. On appeal from the family court, this...
McDONALD , J. : Otis Nero lost consciousness and fell to the ground in the presence of his two immediate supervisors while working on a South Carolina Department of Transportation (SCDOT) road crew. Nero argues the Appellate Panel of the Workers' Compensation Commission erred in reversing the Single Commissioner's findings that (1) SCDOT received adequate notice of his workplace accident and (2) Nero demonstrated reasonable excuse for—and SCDOT was not prejudiced by—Nero's late formal...
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), SCARC. PER CURIAM . Leslie Hughey (Mother) appeals the family court's order changing custody of her and Arthur Eleazer's (Father) two minor children (Son and Daughter) from Mother to Father. Mother argues (1) the family court's change of custody is not supported by the greater weight of the evidence; (2) even if there was a substantial change of...
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), SCARC. PER CURIAM . Luis Endara appeals a circuit court order denying his motion for a new trial after a jury found he was not a member or owner of AVSX Technologies, LLC (AVSX). On appeal, he argues the circuit court erred in refusing to instruct the jury on the law of partnerships. We affirm. "An appellate court will not reverse the [circuit]...
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), SCARC. PER CURIAM . John McDaniel—an employee at Career Employment Professional d/b/a Snelling Staffing (Snelling Staffing), a temporary staffing agency—injured his left foot while working at his work placement site, Alside Revere. He filed a workers' compensation claim against Snelling Staffing and United Wisconsin Insurance Company (collectively,...
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), SCARC. PER CURIAM . In this domestic relations matter, Ivery M. Chestnut (Husband) appeals the family court's final divorce decree, arguing the family court erred in (1) awarding Mashell Chestnut (Wife) $750 per month in permanent periodic alimony, (2) finding Husband's premarital personal property was transmuted into marital property, (3) awarding...
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), SCARC. HILL , J. Robert DeCiero, a resident of Long Bay Estates Subdivision (Long Bay) in Myrtle Beach, filed a complaint against Horry County (the County) claiming the County was not enforcing zoning ordinances that he contends prevent property owners in the subdivision from renting their homes to multi-family groups. The circuit court dismissed...
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), SCARC. PER CURIAM . Kenneth Young appeals from the family court's final order terminating his parental rights to his minor children. See S.C. Code Ann. 63-7-2570 (Supp. 2017). Upon a thorough review of the record and the family court's findings of fact and conclusions of law pursuant to Ex parte Cauthen, 291 S.C. 465 , 354 S.E.2d 381 (1987)...
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), SCARC. PER CURIAM . Aaliyah Smith appeals the trial court's order, arguing the court erred in failing to (1) allow the use of Scott Carr's pleadings at trial and (2) admit Carr's felony criminal history into evidence. We affirm pursuant to Rule 220(b), SCACR, and the following authorities: 1. As to whether Smith should have been able to introduce...
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), SCARC. PER CURIAM . Appellant Verma Tedder challenges a decision of the Appellate Panel of the South Carolina Workers' Compensation Commission (Appellate Panel) denying her claim for total and permanent disability benefits and future medical treatment. Tedder argues the Appellate Panel erred in (1) declining to consider her vocational report; (2)...
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), SCARC. PER CURIAM . John Alden Bauer, III, appeals the circuit court order affirming the decision of the Beaufort County School District Board of Education (the Board) to terminate his employment. On appeal, Bauer argues the circuit court erred in affirming his termination because (1) the Board terminated him without a hearing; (2) the Board failed...
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), SCARC. PER CURIAM . In this medical malpractice action, Philip Ethier and Jeanne Ethier appeal the trial court's ruling Mrs. Ethier could not recover on her loss of consortium claim because the jury found Mr. Ethier more negligent than defendant Dr. Guy R. Bibeau. In addition, they appeal the trial court's denial of their motion for a new trial...
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), SCARC. PER CURIAM . John Faubert (Claimant), a graduate student at the University of South Carolina, was injured while working as an unpaid intern at a hospital. The internship was a mandatory part of his graduate studies. Claimant was concurrently employed at McDonalds. He filed a workers' compensation claim against University of South Carolina...
LOCKEMY , C.J. : Coretta McMillan appeals a circuit court order quieting title in favor of Ralph Johnson for a property he purchased at a tax sale. On appeal, she argues the circuit court erred in (1) failing to overturn the tax sale despite concluding the notice of levy was not posted on the property, (2) finding the two-year statute of limitations expired prior to McMillan filing her counterclaim, (3) ruling the Forfeited Land Commission properly assigned its bid to Johnson, and (4)...
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), SCARC. PER CURIAM . Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: State Accident Fund v. S.C. Second Injury Fund, 409 S.C. 240 , 245, 762 S.E.2d 19 , 21 (2014) ("Although the [c]ourt may not substitute its judgment for the judgment of the agency as to the weight of the evidence on questions of fact, the [c]ourt may...
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), SCARC. PER CURIAM . In this criminal appeal, Marquez Devon Glenn appeals his convictions of assault and battery of a high and aggravated nature and possession of a weapon during the commission of a violent crime. Glenn asserts (1) the circuit court abused its discretion in denying Glenn's motion for immunity pursuant to the Protection of Persons...
