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 . After careful consideration of the Appendix and briefs, we now dismiss the writ as improvidently granted. 1 DISMISSED AS IMPROVIDENTLY GRANTED. 2 HUFF and THOMAS, JJ., and CURETON, A.J., concur. FootNotes 1. See Ellison v. State, 382 S.C. 189 , 191, 676 S.E.2d 671 , 672 (2009) (wherein our supreme court extended...
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 appeal of his murder conviction, Brett D. Parker contends the trial court erred by excluding his requested language in the jury charge on circumstantial evidence. Parker also argues the trial court erred in allowing an expert witness to offer an opinion outside of what he contends was the expert's qualified area. 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 . KNS Foundation, LLC, d/b/a Elite (KNS) appeals a circuit court order affirming the decision of the Myrtle Beach City Council to revoke KNS's business licenses due to fraud or misrepresentation in the license application process. On appeal, KNS argues the circuit court erred by (1) deciding the case when it did not have a record...
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 . Jonathan Teal and Stacie Teal appeal the trial court's order dismissing their complaint against Mary Elizabeth Hickman-Tedder, Allstate Property & Casualty Insurance Company, the Government Employees Insurance Company (GEICO), and Nationwide Mutual Insurance Company (collectively Defendants). On appeal, the Teals assert 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 . Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: Wilder Corp. v. Wilke, 330 S.C. 71 , 76, 497 S.E.2d 731 , 733 (1998) ("It is axiomatic 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 review.");...
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 law firm of Moore, Taylor, & Thomas, P.A. (Moore Taylor) brought a negligence action against Mary Guynn, the closing attorney in a real estate transaction in which a former client of Moore Taylor was the seller. The circuit court granted Guynn's motion to dismiss the claims against her pursuant to Rule 12(b)(6), SCRCP. Moore...
McDONALD , J. In this declaratory judgment action, Auto-Owners Insurance Company (Auto-Owners) appeals the circuit court's grant of summary judgment in favor of Respondents Elouise and Melvin Benjamin (collectively, the Benjamins). Auto-Owners argues the circuit court erred in determining that a commercial general liability policy (CGL Policy) issued to Pee Dee Heating and Cooling Specialists, Inc. (Pee Dee) provided additional coverage for injuries sustained by Elouise Benjamin in an...
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 . Evalena Catoe, individually and as personal representative of her husband's estate, appeals the circuit court's order granting summary judgment in favor of Sheriff Leon Lott, in his official capacity as Sheriff of Richland County, in this negligence action. We affirm pursuant to Rule 220(b), SCACR, and the following authorities:...
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 . Litchfield Plantation Association, Inc. and five Litchfield Plantation homeowners appeal the circuit court's summary judgment in favor of Litchfield Plantation Company, Inc. We affirm. I. Facts and Procedural History Litchfield Plantation Company is the developer of Litchfield Plantation, and Litchfield Plantation Association...
McDONALD , J. In this wage dispute action, Appellant/Respondent CFI Sales & Marketing, Ltd., d/b/a Westgate Resorts (CFI), appeals the circuit court's post-trial ruling that the reserve and charge back components of CFI's employment contracts with Respondents/Appellants (the Zinn Plaintiffs) 1 violated the South Carolina Payment of Wages Act. 2 On cross-appeal, the Zinn Plaintiffs argue the circuit court erred in (1) directing a verdict against Lynn Lanpher, Khalif Middleton, Sherry...
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 . Brenda Oswald appeals an order by the Appellate Panel of the Workers' Compensation Commission finding the going and coming rule barred her recovery under the Workers' Compensation Act. Oswald argues her travel to her employer's accountant and bank, as well as her phone call to her employer's insurer during the travel, excepted...
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 appeal from the family court, Rubin Simmons (Husband) argues the court erred in (1) ordering him to pay Essie Simmons (Wife) retroactive alimony and retirement benefits, as well as monthly permanent periodic alimony and a portion of Husband's retirement benefits; (2) awarding Wife attorney's fees when insufficient...
MCDONALD , J. BJC Enterprises, LLC (BJC), Wendy Jones Bellamy, and Americana, Inc. a/k/a Americana Motel of Myrtle Beach, Inc. (Americana) (collectively, Appellants) seek appellate review of several orders, 1 arguing the circuit court erred in (1) granting First Palmetto Savings Bank's (Palmetto) motion for summary judgment as to Appellants' third-party claims; (2) granting Hotel and Motel Holdings, LLC's (H & M) motion for summary judgment as to Appellants' counterclaims; (3) granting...
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 Department of Social Services (SCDSS) brought this action against Heather Smith (Mother), James D. Hughes, Joshua K. Smith, and Gregory Meno, seeking removal of Mother's four children. 1 The family court issued an ex parte order granting SCDSS emergency protective custody of the children and later approved a...
SHORT , J. Bobby Joe Reeves was convicted of first-degree criminal sexual conduct (CSC) with a minor and lewd act upon a child. He appeals from the denial and dismissal of his application for post-conviction relief (PCR), arguing the PCR court erred in finding his trial counsel was not ineffective for failing to investigate and present the testimony of a gynecological expert witness. We reverse. FACTS Reeves was tried September 17-18, 2002. At the trial, during a video interview, Victim...
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 Rodney Derrick appeals the master-in-equity's order denying his motion for reconsideration. On appeal, Derrick argues the master-in-equity erred in (1) finding he was properly served by publication and (2) not holding a hearing on his motion for reconsideration. We affirm. 1. Derrick's argument that the affidavit...
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 . Fontaine Business Park, LLC and Fontaine Business Park 2-31, LLC (collectively, Fontaine Business Park) appeal the circuit court's order granting DRV Fontaine, LLC's (DRV's) motion to strike Fontaine Business Park's jury trial demand and referring this case to the master-in-equity, arguing (1) the circuit court erred in finding...
McDONALD , J. The Dorchester County Assessor (the Assessor) appeals the Administrative Law Court's (ALC) order affirming the Dorchester County Board of Assessment Appeals' finding that Middleton Place Equestrian Center, LLC (Middleton Place) is entitled to retain the "agricultural use" classification for eleven parcels of land that the Assessor attempted to reclassify for the 2012 tax year. The Assessor argues the ALC erred in upholding the application of the agricultural use...
McDONALD , J. South Causeway, LLC (South Causeway) appeals in this commercial foreclosure action, arguing the circuit court erred by (1) directing a verdict in favor of First South Bank on South Causeway's claim for tortious interference with a prospective contract; (2) refusing to admit certain email correspondence; and (3) denying South Causeway's motion for judgment notwithstanding the verdict, or in the alternative, a new trial on its breach of contract counterclaim. We affirm. FACTS/...
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. HUFF , J. Jacquelin S. Bennett, Genevieve S. Felder, and Kathleen S. Turner, individually, as co-trustees and beneficiaries of the Marital Trust and the Qualified Terminable Interest Trust (QTIP) created by the Thomas Stevenson Will, and Jacquelin S. Bennett and Kathleen S. Turner, as co-personal representatives on behalf of the estate of...
