Not to be Published PER CURIAM: John Anthony Liberto appeals his simple assault conviction, arguing the circuit court erred in (1) affirming the magistrate court's denial of his motion for a directed verdict and (2) considering the merits of his appeal. We affirm. 1 1. We find the State presented sufficient evidence to deny Liberto's motion for a directed verdict. In addition to an unlawful attempt to commit a violent injury upon another with the present ability to complete the attempt by a...
Not to be Published PER CURIAM: Marina Ventures, Inc. and Pioneer Properties, Inc. appeal the appointment of a receiver to sell property in satisfaction of a mortgage, arguing (1) the circuit court lacked subject matter jurisdiction to appoint a receiver; (2) even if the circuit court had subject matter jurisdiction, the appointment was improper; (3) laches and adverse adjudication bar the appointment of a receiver; and (4) a presumption of payment arises from the creditors' repeated...
LOCKEMY, J. Robert Troy Taylor appeals his convictions and sentence of life without parole for criminal sexual conduct with a minor in the second degree and kidnapping. Taylor argues the trial court erred in (1) granting the State's Batson motion, (2) admitting evidence of Taylor's prior conviction for criminal sexual conduct with a minor, (3) denying his motion for a directed verdict, and (4) sentencing him to life without parole. We affirm. FACTS Taylor was the pastor of the church...
Not to be Published PER CURIAM: Thomas J. Owens appeals the denial of his workers' compensation claim by the Appellate Panel of the South Carolina Workers' Compensation Commission (the Appellate Panel), arguing the Appellate Panel erred in finding he did not suffer a compensable injury arising out of and in the course of his employment. Specifically, Owens contends his injury was compensable because it resulted from unusual or excessive exertion caused by rapidly ascending one hundred feet of...
Not to be Published PER CURIAM: Stevens & Wilkinson of South Carolina, Inc. alleges it had a contract with the City of Columbia to pay Stevens & Wilkinson for architectural services. The circuit court granted partial summary judgment for Stevens & Wilkinson, finding it had a contract with the City. We affirm as modified. I. Facts In April 2003, the City entered into a Memorandum of Understanding (MOU) with a team of firms, including Stevens & Wilkinson, regarding the development of a hotel...
Not to be Published PER CURIAM: This cross-appeal arises from two orders of the family court, both of which interpret and enforce a court-approved marital separation agreement (the Agreement) between Thomas Hentges (Husband) and Narda Hentges (Wife). We affirm in part, reverse in part, and remand. 1. As to whether Husband violated the Agreement by failing to give Wife a raise in salary in proportion to the 17.3% increase to Husband's salary, we find the Agreement ambiguous. See Pee Dee...
Not to be Published PER CURIAM: Heath Hill appeals the approval by the Administrative Law Court (ALC) of a Class Two Industrial Solid Waste Landfill (ISWLF) permit and a National Pollutant Discharge Elimination System (NPDES) permit, both of which were issued in 2008 by Respondent South Carolina Department of Health and Environmental Control (DHEC) to Respondent South Carolina Electric & Gas Company (SCE&G). While the matter was pending in this court, SCE&G moved to dismiss Hill's appeal as...
PER CURIAM: Blue Ribbon Taxicab Corp. (Blue Ribbon) appeals in this default negligence action. We affirm. FACTS Glenda Wilder filed this action against Blue Ribbon and Freddie W. Pryor, which alleged negligence arising from an automobile accident. 1 Wilder provided an affidavit of service on Blue Ribbon, alleging service was made on May 12, 2006, to Barbara Dotson, Blue Ribbon's president and person authorized to accept service. In April 2007, Wilder moved for entry of default. The...
HUFF, J. Philip Wright appeals the trial court's order granting partial summary judgment to Carol M. Kimmer, as personal representative of the estate of Richard Kimmer, 1 in which the court held the statute of limitations had not run on Kimmer's legal malpractice action. We reverse and remand. FACTS/PROCEDURAL HISTORY On January 29, 1999, Kimmer was injured in a motor vehicle accident as he was driving to work for his employer, Murata. He hired attorney Philip Wright to represent him....
CURETON, A.J. After the parties' divorce, the family court entered an order awarding custody of the parties' minor child, S.R., to David R. (Father) but provisionally placing her with Sheila R. (Mother). The family court later awarded Father "primary physical placement" as well as legal custody. Mother appeals, arguing the family court erred in (1) using its own standard to determine who should receive custody of S.R. and failing to conduct a best-interests analysis when it subsequently...
Not to be Published PER CURIAM: Harry M. Snipes (Husband) appeals the family court's final order granting a divorce to Tammy R. Snipes (Wife) on the ground of habitual drunkenness and division of the parties' assets. Husband argues the family court erred in (1) granting Wife a divorce on the ground of habitual drunkenness based on his use of prescription drugs; (2) failing to grant his motion for a continuance; and (3) including nonmarital property in the division of marital assets. We affirm...
Not to be Published PER CURIAM: Stephen Platt appeals the master in equity's order granting summary judgment to James and Louise Sessions on their claims that Platt trespassed on their land and that Platt's conduct on their land and on adjacent land created a nuisance. We find there are questions of fact as to whether, and to what extent, Platt had a right to use the Sessions' land and as to whether Platt's use of the Sessions' land and adjacent land was unreasonable. See Hill v. Carolina...
Not to be Published PER CURIAM: In this bifurcated action for an accounting, breach of fiduciary duty, and dissolution of a partnership, Appellant Stevie Cartledge argues the special referee erred in finding a partnership existed between the parties. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities: Verenes v. Alvanos , 387 S.C. 11 , 16, 690 S.E.2d 771 , 773 (2010) ("Characterization of an action as equitable or legal depends on the appellant's main purpose in...
FEW, C.J. David Ray Tant appeals the decision of the South Carolina Department of Corrections to change its interpretation of his sentence from fifteen years to thirty years. SCDC claims it merely corrected the sentence to reflect the sentencing judge's intent. The Administrative Law Court affirmed SCDC's interpretation. We reverse. Tant pled guilty to assault and battery of a high and aggravated nature (ABHAN), possession of a dangerous animal, and forty-one counts of owning an animal for...
Not to be Published PER CURIAM: This cross-appeal arises out of the Tourism Expenditure Review Committee (TERC) and the City of Myrtle Beach's (the City's) dispute over the disbursement of funds for "tourism-related expenditures" for two events under section 6-4-10(4) of the South Carolina Code (2004). We dismiss this appeal as moot. FACTS/PROCEDURAL HISTORY Section 12-36-920(A) of the South Carolina Code (Supp. 2010) imposes a seven percent sales tax on "the rental or charges for any rooms,...
Not to be Published PER CURIAM: Tara Rabuck (Mother) and Andrew Rabuck (Stepfather) (collectively, Appellants) appeal the family court's order declining to terminate Robert Wilomovsky's (Father's) parental rights, arguing the family court erred in: (1) failing to find Father willfully failed to visit Child for a period of six months prior to the entry of the temporary order in 2008; (2) failing to find Father had a diagnosable condition, which he failed to remedy and prevented him from...
Not to be Published PER CURIAM: Michelin North America, Inc. and Arch Insurance Company (collectively Employer) appeal the order of the Appellate Panel of the South Carolina Workers' Compensation Commission (Appellate Panel) that found Lisa Martin sustained compensable injuries arising from repetitive trauma to her shoulders while working for Employer. Employer argues the Appellate Panel erred in (1) finding Martin's claim was not barred by the statute of limitations and (2) failing to make...
Not to be Published PER CURIAM: Leila Miriam Carroll appeals the trial court's dismissal of her claims for waste and fraud against Alan Johnson and Travis Oliver Johnson, arguing the trial court (1) violated her due process rights by considering the Johnsons' standing argument and (2) erred in finding Carroll lacked standing. We affirm 1 pursuant to Rule 220(b)(1), SCACR, and the following authorities: 1. As to whether the trial court violated Carroll's due process rights by considering the...
Not to be Published PER CURIAM: Helen Dills-Pittman filed an action for civil conspiracy, negligence, and defamation against Lowcountry Council of Governments (COG), L. Chriswell Bickley, Jr., and Sherry Smith arising from her termination of employment at COG. Dills-Pittman appeals the jury's verdict in favor of Bickley, Jr., arguing the trial court erred in excluding testimony and in its jury charge. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities: 1. As to...
Not to be Published PER CURIAM: This appeal arises out of an order of the South Carolina Workers' Compensation Commission (the Commission) that was affirmed by the circuit court. Appellants Bi-Lo, Inc. and MAC Risk Management claim the Commission erred in: (1) granting Respondent Betty Murphy's motion to amend her pleadings to allege a new date of accident; (2) selecting a date of accident and theory of recovery not contained within Murphy's pleadings; (3) finding Murphy sustained an injury...
