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. Del Webb Communities Inc., Pulte Homes, Inc., and South Carolina State Plastering, LLC appeal the circuit court's denial of their request to reinstate a previously existing injunction restricting communications between Anthony and Barbara Grazia's attorneys and other potential class members in this defective stucco litigation. We...
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. This appeal arises from the suspension of Mark Schnee's driver's license by the Department of Motor Vehicles (DMV) as a result of Schnee's refusal to submit to a breath test as required under section 56-5-2950 of the South Carolina Code (Supp. 2012). The South Carolina Office of Motor Vehicle Hearings (OMVH) sustained the...
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. Dr. Robert W. Denton and Dr. John May, doing business as Edusystems, appeal the circuit court's grant of summary judgment to Denmark Technical College (the College) in their action against the College for terminating their consulting contract and refusing to pay the remainder of the contract. The circuit court found the contract...
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. This appeal arises out of Appellant Richard Izzard's complaint against Respondents the City of Georgetown and Stephen Stack. On appeal, Izzard argues the circuit court erred by: (1) relying on a prior action when no such action existed; (2) determining there were no genuine issues of material fact and entering judgment as a matter...
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: Degenhart v. Knights of Columbus, 309 S.C. 114 , 118, 420 S.E.2d 495 , 497 (1992) ("An issue on which the [lower court] never ruled and which was not raised in post-trial motions is not properly before this [c]ourt."); Plantation Shutter Co. v. Ezell,...
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: McBride v. Sch. Dist. of Greenville Cnty., 389 S.C. 546 , 558, 698 S.E.2d 845 , 851 (Ct. App. 2010) ("In ruling on a directed verdict motion, the trial court must view the evidence and the inferences reasonably drawn from the evidence in the light most...
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. William A. Cudd appeals the circuit court's order dismissing his petition for a writ of habeas corpus, arguing (1) the amendments to section 44-53-370(b)(2) of the South Carolina Code in the Omnibus Crime Reduction and Sentencing Reform Act of 2010 (the Act) apply retroactively and (2) the Act's amendments to section 44-53-370(b)(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. Shelby King sued Respondents Amy Bennett, The Amy D. Bennett Trust, and Amy Bennett, Trustee, asserting various equitable causes of action, fraud, civil conspiracy, and conversion by false pretenses arising from King's claim that she was entitled to compensation for her services as a real estate professional. The trial court...
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 negligence and gross negligence case arising from personal injuries sustained on Linda Jordan's property, Robert Edwards appeals, arguing the trial court erred in: (1) charging the jury on the issues of comparative negligence and open and obvious condition because Jordan abandoned them at trial by failing to present any...
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. Kevin Schumacher appeals the order of the trial judge denying his breach of contract action for rent and his motion for directed verdict against Lance Hoover. We affirm pursuant to Rule 220(b), SCACR, and the following authorities: As to the breach of the lease agreement: S.C. Code Ann. 27-40-440(a)(2) (2007) (providing the...
LOCKEMY, J. Bobby Baker appeals the South Carolina Workers' Compensation Commission Appellate Panel's (Appellate Panel) order, arguing the Appellate Panel erred in (1) finding he did not suffer physical brain damage, and (2) relying on Crisp v. SouthCo. Inc., 390 S.C. 340 , 701 S.E.2d 762 (Ct.App.2010), rev'd, 401 S.C. 627 , 738 S.E.2d 835 (2013) ( Crisp I ). We affirm in part and remand. FACTS/PROCEDURAL BACKGROUND On May 6, 2008, Baker, a maintenance worker employed by Hilton...
PER CURIAM. ZAN, LLC (ZAN) filed these consolidated actions against Ripley Cove, LLC, W.H. Knight, Karl A. McMillan, individually and as the principal of Karl A. McMillan, Inc., W.M. Belote, East Coast Trading Company (East Coast), St. Andrews Title & Abstract Agency, Inc., Chicago Title Insurance Company, and Charles A. and Lillian M. Funk. 1 ZAN sought rescission of a contract and damages. After a bench trial, the trial judge refused to rescind the contract, but the judge awarded ZAN $10,...
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. Thaddeus Segars and Kellie Segars appeal an order issued by the Administrative Law Court (ALC) upholding the Beaufort County Assessor's valuations of two parcels of real estate. The Segars, who purchased interests in the lots in 2004, argue the Beaufort County Assessor, the Beaufort County Board of Assessment, and the ALC...
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: Staubes v. City of Folly Beach, 339 S.C. 406 , 412, 529 S.E.2d 543 , 546 (2000) ("It is well-settled that an issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the trial court to be preserved for appellate...
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. Henry Abel Pol appeals the trial court's order finding him in contempt, arguing the trial court erred because it (1) proceeded with the case when IndyMac lacked standing, (2) proceeded with the case when there was no case or controversy, (3) tortiously interfered with a private agreement between Pol and IndyMac, thus interfering...
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. Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: 1. As to this court's appellate jurisdiction: Rule 203(b)(1), SCACR ("A notice of appeal shall be served on all respondents within thirty (30) days after receipt of written notice of entry of the order or judgment."); id. (providing that when a timely motion...
LOCKEMY, J. Daniel G. Farina appeals the trial court's denial of his Rule 60(b), SCRCP motion for relief from judgment. He argues the trial court did not have personal jurisdiction to award a judgment against him and that he was not served with proper notice of the initial claim of Delta Apparel, Incorporated (Delta). We reverse. FACTS Farina was hired by Delta, a corporation with corporate offices in Greenville, South Carolina, as the general manager of its Ceiba Textiles plant (Ceiba) in...
CURETON, A.J. This appeal arises from Michael Hilton's indictment for one count of felony driving under the influence resulting in a death and one count of felony driving under the influence resulting in great bodily injury. Prior to trial, the circuit court suppressed the results of a breathalyzer test. On appeal, the State argues the circuit court erred by (1) retroactively applying a statutory change to the implied consent statute and excluding the results of Hilton's breath alcohol test...
