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Court of Appeals of South Carolina

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STATE v. SPRINKLE, 2014-UP-480. (2014)
Court of Appeals of South Carolina Filed:SC Dec. 23, 2014 Citations: 2014-UP-480.

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. Richard Sprinkle appeals his convictions for first-degree burglary, first-degree assault and battery, and two counts of armed robbery, arguing the trial court erred in: (1) denying his motion to suppress identification evidence; (2) limiting the cross-examination of a witness; (3) denying his motions for a directed verdict and a...

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STATE v. HEWINS, 2014-UP-478. (2014)
Court of Appeals of South Carolina Filed:SC Dec. 23, 2014 Citations: 2014-UP-478.

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. The State indicted Erick E. Hewins for trafficking ten grams or more of crack cocaine and possession of a schedule IV controlled substance. Before trial, Hewins moved to suppress the drug evidence, arguing the detention and subsequent pat-down was unlawful under the Fourth Amendment. The trial court denied his motion after a...

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STATE v. LOFTIN, 2014-UP-472. (2014)
Court of Appeals of South Carolina Filed:SC Dec. 17, 2014 Citations: 2014-UP-472.

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. Joseph Bradley Loftin was indicted for criminal sexual conduct (CSC) with a minor in the second degree and lewd act upon a child. He was convicted as charged and sentenced to imprisonment for concurrent terms of twelve years and ten years, respectively. On appeal, Loftin contends the trial court erred in (1) admitting evidence of...

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GREENE v. MEDICAL UNIVERSITY OF SOUTH CAROLINA, 2014-UP-468. (2014)
Court of Appeals of South Carolina Filed:SC Dec. 17, 2014 Citations: 2014-UP-468.

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: Doe v. Marion, 373 S.C. 390 , 395, 645 S.E.2d 245 , 247-48 (2007) ("In reviewing the dismissal of an action pursuant to Rule 12(b)(6), SCRCP, the appellate court applies the same standard of review as the trial court. . . . The question is whether, in the...

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SHERRILL v. MOORE, 2014-UP-466. (2014)
Court of Appeals of South Carolina Filed:SC Dec. 17, 2014 Citations: 2014-UP-466.

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 Sherrill, as personal representative of the estate of Gaye Marie Reynolds, appeals the Master-in-Equity's order finding the successful bidder at a judicial sale of Gary Moore's interest in real property must pay cash in an amount equal to the homestead exemption, as well as the Master-in-Equity's subsequent orders denying...

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BARILOTTI v. OCEAN COURSE GOLF CLUB, LLC, 2014-UP-448. (2014)
Court of Appeals of South Carolina Filed:SC Dec. 10, 2014 Citations: 2014-UP-448.

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 premises liability case arising from a slip and fall on a golf course bridge, Joseph Barilotti appeals the grant of a directed verdict to Ocean Course Golf Club, LLC, arguing the trial erred in (1) weighing the evidence presented at trial, (2) allowing Ocean Course to use evidence that it did not produce during discovery,...

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ATKINSON v. WILLIAMS, 2014-UP-445. (2014)
Court of Appeals of South Carolina Filed:SC Dec. 10, 2014 Citations: 2014-UP-445.

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. Doris F. Atkinson and William E. Atkinson, Jr. (collectively, Appellants) appeal an order by the trial court denying their judgment notwithstanding the verdict and new trial motions based on the court's failure to charge the jury with spoliation of evidence. We affirm. We disagree with Appellants' argument the trial court should...

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CACH, LLC v. HOFFMAN, 2014-UP-438. (2014)
Court of Appeals of South Carolina Filed:SC Dec. 03, 2014 Citations: 2014-UP-438.

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 Toby Hoffman Jr. appeals the trial court's order granting judgment in favor of Respondent CACH, LLC (CACH), a company that was assigned two outstanding debts owed by Hoffman. Hoffman contends CACH did not prove it had been assigned the debts in question. He also argues the trial court improperly admitted credit card...

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MILTON P. DEMETRE FAMILY LIMITED PARTNERSHIP v. BECKMANN, 5263. (2014)
Court of Appeals of South Carolina Filed:SC Aug. 20, 2014 Citations: 5263.

SHORT, J. In this action to quiet title, the Milton P. Demetre Family Limited Partnership (Demetre) appeals an order of the Master-in-Equity (the master), arguing the master erred in finding Demetre did not quiet title to certain property on Folly Island. We affirm in part and vacate in part. I. BACKGROUND FACTS 1 In 1920, Jefferson Construction Company platted and subdivided most of the Island of Folly Beach, South Carolina. The 1920 plat was recorded in the Charleston County Register of...

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KOOLA v. CAMBRIDGE TWO, LLC, 2014-UP-422. (2014)
Court of Appeals of South Carolina Filed:SC Nov. 26, 2014 Citations: 2014-UP-422.

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. AFFIRMED. PER CURIAM. Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: 1. As to whether the trial court erred in concluding the statute of limitations barred Johnson Koola's claims: Bovain v. Canal Ins., 383 S.C. 100 , 105, 678 S.E.2d 422 , 424 (2009) (providing a trial court may grant a motion for summary...

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DOE v. CITY OF DUNCAN, 2014-UP-400. (2014)
Court of Appeals of South Carolina Filed:SC Nov. 12, 2014 Citations: 2014-UP-400.

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 Doe appeals the trial court's dismissal of his action pursuant to Rules 3, 12(b)(1), and 12(b)(2), SCRCP. Doe argues the trial court improperly dismissed his action because it did not apply the Servicemembers Civil Relief Act. 1 We affirm pursuant to Rule 220(b), SCACR, and the following authority: I'On, L.L.C. v. Town of Mt....

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IN RE ESTATE OF STROMAN, 2014-UP-397. (2014)
Court of Appeals of South Carolina Filed:SC Nov. 12, 2014 Citations: 2014-UP-397.

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: Sundown Operating Co. v. Intedge Indus., Inc., 383 S.C. 601 , 606, 681 S.E.2d 885 , 888 (2009) ("The decision whether to set aside an entry of default or a default judgment lies solely within the sound discretion of the trial [court]."); id. ("The trial...

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HOLLIS v. FAIRFIELD COUNTY, 2014-UP-396. (2014)
Court of Appeals of South Carolina Filed:SC Nov. 12, 2014 Citations: 2014-UP-396.

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. David Michael Hollis appeals the circuit court's dismissal of his claims for defamation and civil conspiracy. We affirm pursuant to Rule 220(b), SCACR, and the following authorities: 1. With respect to Hollis's defamation claim: New York Times Co. v. Sullivan, 376 U.S. 254 , 283 (1964) (holding public officials must prove...

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GOINS v. SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, 2014-UP-390. (2014)
Court of Appeals of South Carolina Filed:SC Nov. 12, 2014 Citations: 2014-UP-390.

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. Michael Goins appeals his inmate disciplinary action, arguing the administrative law court (ALC) erred when it: (1) found he was afforded due process, (2) found there was substantial evidence to support his disciplinary conviction, (3) dismissed his appeal without allowing him to file a reply brief, and (4) affirmed his conviction...

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PLEMMONS v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, 2014-UP-389. (2014)
Court of Appeals of South Carolina Filed:SC Nov. 12, 2014 Citations: 2014-UP-389.

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. James Luther Plemmons and Wanda Sue Clark Plemmons appeal the circuit court's grant of State Farm Automobile Insurance Company's motion for summary judgment. We affirm pursuant to Rule 220(b), SCACR, and the following authorities: Rule 56(c), SCRCP (instructing that summary judgment should be granted when there are no genuine...

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SOUTH CAROLINA SECOND INJURY FUND v. GRIFFCO OF WAMPEE, INC., 2014-UP-375. (2014)
Court of Appeals of South Carolina Filed:SC Nov. 05, 2014 Citations: 2014-UP-375.

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. The South Carolina Second Injury Fund (the Fund) challenges the Appellate Panel of the South Carolina Workers' Compensation Commission's (the Appellate Panel) decision ordering reimbursement to Griffco of Wampee, Inc. (Employer) and Commerce & Industry Insurance Company (collectively, Carrier). The Fund argues the Appellate Panel...

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STATE v. WILLIAMS, 2014-UP-367. (2014)
Court of Appeals of South Carolina Filed:SC Oct. 29, 2014 Citations: 2014-UP-367.

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. Shondre Lamond Williams appeals his convictions for trafficking in cocaine and possession of crack cocaine, asserting the trial court erred in (1) refusing to suppress the search warrant for his home where the affidavit in support of the warrant was not based on personal knowledge and (2) refusing to suppress the drug evidence...

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SMITH v. HORRY COUNTY SCHOOLS, 2014-UP-279. (2014)
Court of Appeals of South Carolina Filed:SC Jun. 30, 2014 Citations: 2014-UP-279.

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. Jacqueline Smith appeals the circuit court's order affirming the Horry County School Board of Education's (the Board) decision to terminate her employment with the Horry County School District. Smith argues the circuit court erred in affirming the Board's decision because (1) the decision was rendered in violation of due process; (...

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BRANCH BANKING AND TRUST COMPANY v. GRAPHIC EXPRESS, LLC, 2014-UP-278. (2014)
Court of Appeals of South Carolina Filed:SC Jun. 30, 2014 Citations: 2014-UP-278.

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: S.C. Dep't of Transp. v. First Carolina Corp. of S.C., 372 S.C. 295 , 301, 641 S.E.2d 903 , 907 (2007) (stating issues not raised to and ruled upon by the trial court will not be considered on appeal); Price v. Pickens Cnty., 308 S.C. 64 , 68, 416 S.E....

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FELDMAN v. CASEY, 2014-UP-273. (2014)
Court of Appeals of South Carolina Filed:SC Jun. 30, 2014 Citations: 2014-UP-273.

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. Appellants Gregory J. Feldman, MD, Joseph A. Boscia, III, MD, Upstate Lung & Critical Care Specialists, PC, (Upstate Lung) and Devendra Shantha, MD, brought this action against Respondents William Mark Casey, Ray E. ("Chuck") Thompson, and Charles M. Fogarty for abuse of process and civil conspiracy. Upon Respondents' motions to...

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