LOCKEMY, J. In this breach of contract action, Tucker Oil Company (Tucker Oil) argues the trial court erred in finding the existence and breach of a contract with Consignment Sales, LLC. Tucker Oil also maintains the trial court erred in ordering an accounting and declaring it was obligated to continue paying Consignment Sales. We affirm. FACTS Tucker Oil owns several convenience stores and supplies gasoline to numerous gas stations throughout South Carolina. Consignment Sales owns...
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: Appellants appeals from the trial court's grant of a temporary injunction. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authority: S.C. Dep't of Transp. v. First Carolina Corp. of S.C. , 372 S.C. 295 ,301-02, 641 S.E.2d 903 , 907 (2007) (issues not raised to and ruled upon by the trial court will not be...
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 is decided pursuant to Rule 220(b), SCACR. Charles Lachenbruch and Normotherm, LLC initially appealed an order granting a directed verdict as to several of their claims against Respondents Richard Barnett and Judy Barnett. During oral argument Appellants abandoned their appeal against Respondent Richard Barnett and...
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: L. John Fisher, III and T. Randolph Forshee (Appellants) appeal the circuit court's refusal to confirm their arbitration award against Gibbs International, Inc. (Gibbs International) and James I. Gibbs individually. On appeal, Appellants argue the circuit court erred by: (1) refusing to confirm the arbitration award; (2) finding...
PER CURIAM: Appellant Karen Cue-McNeil (Mother) brought this medical malpractice action in her capacity as guardian ad litem for her minor daughter, Tori M. (Daughter), against George W. Watt, M.D., Medical Park OB/GYN, P.A., and Palmetto Health Alliance d/b/a Palmetto Richland Memorial Hospital (collectively Respondents) to recover damages for allegedly negligent medical care during Daughter's birth. The circuit court granted partial summary judgment to Respondents, concluding that only a...
KONDUROS, J. Faye Fletcher appeals the circuit court's granting of a directed verdict in favor of the Medical University of South Carolina (MUSC) on her claims for medical malpractice. We affirm in part, reverse in part, and remand. FACTS Fletcher suffered from a blockage in the artery leading to her left arm. As a result, she was experiencing dizziness and numbness in the arm. Fletcher had seen Dr. Bruce Elliott about this issue, and he ordered some tests suspecting that a subclavian bypass...
GEATHERS, J. In this appeal, Eugene Draine argues that the circuit court erred by refusing to reform his automobile insurance policy with the Government Employees Insurance Company (GEICO) to provide for underinsured motorist (UIM) coverage in an amount equal to his liability coverage. Specifically, Draine contends that section 38-77-350(E) of the South Carolina Code (2002) required GEICO to add UIM coverage to his policy when, in renewing his policy, he failed to return an executed UIM offer...
WILLIAMS, J. Clarence Rutland (Rutland), as personal representative of the Estate of Tiffanie Rutland, appeals the trial court's decision granting the South Carolina Department of Transportation's (SCDOT) post-trial motion for set-off, which subsequently reduced the verdict against SCDOT to zero. We affirm. FACTS On June 7, 2003, Tiffanie Rutland (the decedent) was a passenger in a 1999 Chevrolet S-10 Blazer (the Blazer) on Highway 301 in Orangeburg County along with her husband, Rutland,...
PER CURIAM: In this child custody case, John High (Father) appeals from the family court's order granting Renee High (Mother) sole custody of the couple's two children, arguing the family court erred in: (1) refusing to qualify Teressa Harrington, LPC as an expert witness; (2) prohibiting the introduction of statements made by the couple's minor daughter to Harrington; (3) refusing to admit Harrington's records into evidence; (4) making certain findings of fact relevant to the issue of custody...
GEATHERS, J. In this appeal, M. Lee Jennings (Husband) contends that the circuit court erred by granting Respondents' motions for summary judgment as to his cause of action for a violation of the Stored Communications Act, 18 U.S.C. 2701-2712 (2006). Husband also argues that the circuit court erred by denying his motion to amend his complaint to add Thomas Neal (Neal) as a party defendant. We affirm in part, reverse in part, and remand for further proceedings. FACTS/PROCEDURAL HISTORY On...
SHORT, J. In this legal malpractice case, M & R Investors, LLC, and Louis Manios and Jimmy Rogers, Jr., as partners in M & R Investors (collectively, M & R), argue the trial court erred in: (1) denying M & R's motion for new trial nisi additur ; (2) striking M & R's claim for damages for lost profits; (3) denying M & R's motion for directed verdict or judgment notwithstanding the verdict on the issue of legal malpractice; and (4) denying M & R's motion for a new trial absolute on the issue of...
GEATHERS, J. Appellant Wachovia Bank, N.A. (Wachovia), brought this mortgage foreclosure action against Respondents Ann T. Coffey (Mrs. Coffey) and Bank of America, N.A., seeking relief from Mrs. Coffey's default on a home equity loan made to her late husband for the purchase of a sailboat. The master-in-equity granted Mrs. Coffey's summary judgment motion and denied Wachovia's summary judgment motion. Wachovia challenges both the grant of summary judgment to Mrs. Coffey and the denial of its...
THOMAS, J. In this criminal matter, Luther Garner (Appellant) was convicted of murder, first-degree burglary, and attempted armed robbery, stemming from an incident at the home of Amadro Flores Espinozat (Victim). The State's key eyewitness was Lonya Sowdon. Appellant now appeals three evidentiary rulings of the trial court as to various parts of Sowdon's testimony. We affirm. FACTS On December 11, 2005, authorities found Victim deceased in his home. Investigators determined Victim was...
