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Supreme Court of South Carolina

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GRIMSLEY v. LAW ENFORCEMENT DIV., 415 S.C. 33 (2015)
Supreme Court of South Carolina Filed:SC Dec. 23, 2015 Citations: 415 S.C. 33, 27598., 27598.

Justice KITTREDGE . We granted a writ of certiorari to review the court of appeals' opinion in Grimsley v. South Carolina Law Enforcement Division ( Grimsley II ), 408 S.C. 38 , 757 S.E.2d 542 (Ct.App.2014), which reversed the trial court's grant of summary judgment in favor of Petitioner South Carolina Law Enforcement Division (SLED). We reverse. Respondents are former SLED agents who retired and were rehired by then SLED Chief Robert Stewart for a period of four years pursuant to a...

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REST ASSURED, LLC v. SOUTH CAROLINA DEPARTMENT OF EMPLOYMENT AND WORKFORCE, 2015-MO-072. (2015)
Supreme Court of South Carolina Filed:SC Dec. 09, 2015 Citations: 2015-MO-072.

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 . We granted certiorari to review the decision of the Court of Appeals reversing the Administrative Law Court's (ALC's) determination that respondent Rest Assured's workers were employees for purposes of unemployment tax liability. Rest Assured, LLC v. S.C. Dep't of Emp't and Workforce, Op. No. 2014-UP-235 (S.C. Ct. App. filed...

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MACK v. LOTT, 415 S.C. 22 (2015)
Supreme Court of South Carolina Filed:SC Dec. 09, 2015 Citations: 415 S.C. 22, 27597.

PER CURIAM . We granted a writ of certiorari to review the Court of Appeals' decision in Mack v. Lott, 410 S.C. 28 , 762 S.E.2d 719 (Ct.App.2014). We now dismiss the writ as improvidently granted since both parties and the trial court agree that the proper standard for determining probable cause is an objective standard; that is, whether the facts known to the arresting officer at the time of the arrest, viewed from the standpoint of an objectively reasonable police officer, amount to...

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HOLLIDAY v. WACCAMAW COMMUNITY HOSPITAL, 2015-MO-070. (2015)
Supreme Court of South Carolina Filed:SC Dec. 02, 2015 Citations: 2015-MO-070.

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 . In this direct appeal, Appellant challenges the granting of Respondent Waccamaw Community Hospital's (the Hospital) motion to dismiss the Second Amended Complaint (the Complaint) pursuant to Rule 12(b)(6), SCRCP. 1 The trial court dismissed the negligent credentialing claim against the Hospital on the basis that "South Carolina...

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STATE v. GORE, 414 S.C. 577 (2015)
Supreme Court of South Carolina Filed:SC Dec. 02, 2015 Citations: 414 S.C. 577, 27595.

PER CURIAM . After careful consideration of the Appendix and briefs, the writ DISMISSED AS IMPROVIDENTLY GRANTED.

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LAWING v. UNIVAR, USA, INC., 415 S.C. 209 (2015)
Supreme Court of South Carolina Filed:SC Dec. 02, 2015 Citations: 415 S.C. 209, 27594., 27594.

Chief Justice TOAL : In this products liability action, Trinity Manufacturing, Inc. (Trinity), and Matrix Outsourcing, LLC (Matrix), argue that the court of appeals erred in reversing the trial court's decision to grant summary judgment to them on a strict liability cause of action. See Lawing v. Trinity Mfg., Inc., 406 S.C. 13 , 749 S.E.2d 126 (2013). In their cross-appeal, Scott and Tammy Lawing ask this Court to reverse the court of appeals' decision affirming the trial court's...

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BASS v. DEPT. OF SOCIAL SERVICES, 414 S.C. 558 (2015)
Supreme Court of South Carolina Filed:SC Dec. 02, 2015 Citations: 414 S.C. 558, 27593.

Chief Justice TOAL . Diane and Otis Bass, individually and on behalf of their minor children (collectively, Petitioners), appeal the court of appeals' decision reversing a jury verdict in their favor against the South Carolina Department of Social Services (DSS) for gross negligence and outrage in connection with a DSS investigation. See Bass v. S.C. Dep't of Soc. Servs., 403 S.C. 184 , 742 S.E.2d 667 (Ct.App.2013). We reverse. FACTUAL/PROCEDURAL HISTORY Diane and Otis Bass are...

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PLACE ON THE GREENE HOMEOWNERS ASSOCIATION, INC. v. W.G.R.Q., LLC, 2015-MO-064. (2015)
Supreme Court of South Carolina Filed:SC Nov. 04, 2015 Citations: 2015-MO-064.

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 . We granted certiorari to review the court of appeals' decision in Place on the Greene Homeowners Assn. v. W.G.R.Q., Op. No. 2013-UP-297 (S.C. Ct. App. filed July 3, 2013). We now dismiss the writ as improvidently granted. DISMISSED AS IMPROVIDENTLY GRANTED TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.

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FREEMAN v. J.L.H. INVESTMENTS, LP, 414 S.C. 362 (2015)
Supreme Court of South Carolina Filed:SC Nov. 04, 2015 Citations: 414 S.C. 362, 27586., 27586.

Justice BEATTY . Julie Freeman, individually and on behalf of 5,314 similarly situated car buyers, filed a lawsuit against J.L.H. Investments, LP, a/k/a Hendrick Honda of Easley ("Hendrick"), seeking damages under the South Carolina Dealers Act 1 (the "Dealers Act") on the ground that Hendrick "unfairly" and "arbitrarily" charged all of its customers "closing fees" 2 that were not calculated to reimburse Hendrick for actual closing costs. A jury returned a verdict in favor of Freeman...

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WALKER v. BROOKS, 414 S.C. 343 (2015)
Supreme Court of South Carolina Filed:SC Oct. 28, 2015 Citations: 414 S.C. 343, 27583.

Justice HEARN . In this familial dispute over property, it is uncontradicted that Kenneth Walker (Decedent) deeded to his sister, Catherine Brooks, approximately forty acres of property in two separate transfers before his death. The question is whether the property was deeded to Brooks freely, or subject to an equitable mortgage which would require her now to return it to Decedent's estate. We hold no equitable mortgage exists; accordingly, we remand. FACTUAL/PROCEDURAL HISTORY Decedent...

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DOE v. BOY SCOUT TROOP 292, 2015-MO-062. (2015)
Supreme Court of South Carolina Filed:SC Oct. 14, 2015 Citations: 2015-MO-062.

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 . Petitioner seeks a writ of certiorari to review the Court of Appeals' decision in Doe v. Boy Scout Troop 292, Op. No. 2015-UP-139 (S.C. Ct. App. filed Mar. 11, 2015). We grant the petition, dispense with further briefing, reverse the Court of Appeals' opinion, and remand to the Court of Appeals for consideration in accordance...

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KENNEDY FUNDING, INC. v. PAWLEYS ISLAND NORTH, LLC, 2015-MO-061. (2015)
Supreme Court of South Carolina Filed:SC Oct. 14, 2015 Citations: 2015-MO-061.

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 . Petitioner seeks a writ of certiorari to review the decision of the court of appeals in Kennedy Funding, Inc. v. Pawleys Island N., LLC, Op. No. 2015-UP-138 (S.C. Ct. App. filed March 11, 2015). We grant the petition, dispense with further briefing, vacate the holding of the Court of Appeals that the mortgage between Pawleys...

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PROCTOR v. WHITLARK & WHITLARK, INC., 414 S.C. 318 (2015)
Supreme Court of South Carolina Filed:SC Dec. 04, 2015 Citations: 414 S.C. 318, 27580., 27580.

Justice BEATTY . Lauren Proctor and Trans-Union National Title Insurance Company ("Trans-Union") brought this action against Whitlark & Whitlark, Inc., d/b/a Rockaways Athletic Club ("Rockaways") and Pizza Man, Forrest Whitlark, Paul Whitlark, Charlie E. Bishop, and Brett Blanks (collectively "Defendants") seeking to recover money Proctor lost while gambling on video poker machines located at Rockaways and Pizza Man over the course of several years, including a time period following the...

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MOORE v. MOORE, 414 S.C. 490 (2015)
Supreme Court of South Carolina Filed:SC Dec. 17, 2015 Citations: 414 S.C. 490, 27579.

Justice KITTREDGE . This domestic relations matter comes before us on cross-appeals from Whitney Moore (Wife) and Arthur Moore, III, (Husband) from an order of the family court valuing and dividing the parties' closely held business, Candelabra. We affirm the family court's inclusion of Wife's enterprise goodwill in the business as marital property. We, however, modify the valuation and equitable division award, and for the reasons explained below, we direct Wife to pay to Husband the sum...

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MILES v. WAFFLE HOUSE, INC., 2015-MO-059. (2015)
Supreme Court of South Carolina Filed:SC Sep. 30, 2015 Citations: 2015-MO-059.

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 . We granted certiorari to review the Court of Appeals' decision in Miles v. Waffle House, Inc., Op. No. 2012-UP-552 (S.C. Ct. App. filed Jan. 9, 2013). We now dismiss the writ as improvidently granted. DISMISSED AS IMPROVIDENTLY GRANTED. TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.

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BROOM v. TEN STATE STREET, LLP, 2015-MO-057. (2015)
Supreme Court of South Carolina Filed:SC Sep. 30, 2015 Citations: 2015-MO-057.

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 . Petitioner seeks a writ of certiorari to review the Court of Appeals' decision in Broom v. Ten State Street LLP, Op. No. 2015-UP-030 (S.C. Ct. App. filed January 14, 2015). We grant the petition, dispense with further briefing, and reverse the Court of Appeals' decision. Petitioner filed his original suit against defendants...

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POPE v. HERITAGE COMMUNITIES, INC., 414 S.C. 199 (2015)
Supreme Court of South Carolina Filed:SC Sep. 30, 2015 Citations: 414 S.C. 199, 27578.

PER CURIAM . We granted a writ of certiorari to review the court of appeals' decision in Pope v. Heritage Communities, Inc., 395 S.C. 404 , 717 S.E.2d 765 (Ct.App.2011). We now dismiss the writ as improvidently granted. DISMISSED AS IMPROVIDENTLY GRANTED.

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MAGNOLIA NORTH PROPERTY OWNERS' ASSOCIATION, INC. v. HERITAGE COMMUNITIES, INC., 414 S.C. 198 (2015)
Supreme Court of South Carolina Filed:SC Sep. 30, 2015 Citations: 414 S.C. 198, 27577.

PER CURIAM . We granted a writ of certiorari to review the court of appeals' decision in Magnolia North Property Owners' Ass'n v. Heritage Communities, Inc., 397 S.C. 348 , 725 S.E.2d 112 (Ct.App.2012). We now dismiss the writ as improvidently granted. DISMISSED AS IMPROVIDENTLY GRANTED.

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RILEY v. FORD MOTOR CO., 414 S.C. 185 (2015)
Supreme Court of South Carolina Filed:SC Sep. 30, 2015 Citations: 414 S.C. 185, 27575.

Justice KITTREDGE . This products liability action arose following the death of Benjamin Riley, who was killed in a motor vehicle accident involving a negligently designed door-latch system in his 1998 Ford F-150 pickup truck. Petitioner Laura Riley, as the Personal Representative of the Estate, filed suit against Respondent Ford Motor Company and the at-fault driver, Andrew Marshall Carter, II. Carter settled with the Estate for $25,000, with $20,000 allocated to the survival claim and $5,...

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STOKES-CRAVEN HOLDING CORP. v. ROBINSON, 27572. (2015)
Supreme Court of South Carolina Filed:SC Sep. 09, 2015 Citations: 27572.

JUSTICE BEATTY . In this legal malpractice case, Stokes-Craven Holding Corporation d/b/a Stokes-Craven Ford ("Stokes-Craven") appeals the circuit court's order granting summary judgment in favor of Scott L. Robinson and his law firm, Johnson, McKenzie & Robinson, L.L.C., (collectively "Respondents") based on the expiration of the three-year statute of limitations. Stokes-Craven contends the court erred in applying this Court's decision in Epstein v. Brown, 363 S.C. 372 , 610 S.E.2d 816...

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