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 a claim filed by Respondent Latoya Brown against Appellants Dick Smith Nissan, Inc. and Old Republic Surety Company (collectively "Dick Smith") under section 56-15-30(a) of the South Carolina Code (2006) (the "Dealers Act"). On appeal, Dick Smith argues the trial court erred in finding: (1) Brown was...
PER CURIAM. William Wright Gaffney, Jr., (Husband) appeals the order of the family court interpreting the parties' divorce decree. On appeal, Husband argues the family court erred in finding that, under the terms of the decree and the settlement agreement underlying it, the loan obligor's full payment of the principal balance owing reduced Husband's alimony obligation from $7,000 to $1,000 instead of eliminating it entirely. We reverse. FACTS In 2009, after thirty-four years of marriage,...
KONDUROS, J. Patricia Johnson appeals the circuit court's grant of summary judgment to the accounting firm Moore, Beauston, & Woodham, LLP (MBW) with respect to her negligence claim. We affirm. FACTS/PROCEDURAL HISTORY Johnson was employed as the bookkeeper and office manager at Robert E. Lee Academy in Lee County, South Carolina. Her responsibilities in that role included collecting and depositing tuition and other incoming funds. Around the middle of May 2006, Johnson had collected...
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: Jones v. Lott, 387 S.C. 339 , 346, 692 S.E.2d 900 , 903 (2010) ("Under the two issue rule, where a decision is based on more than one ground, the appellate court will affirm unless the appellant appeals all grounds because the unappealed ground will become...
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. Carlton Cantrell appeals the trial court's order granting a motion to dismiss in favor of Aiken County; Aiken County Animal Control Director, Shirley Hardin; Aiken County Animal Control Officer, Bobby Arthurs; and Judge Charles T. Carter. We affirm pursuant to Rule 220(b), SCACR, and the following authorities: S.C. Code Ann. 15-...
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., Inc. 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...
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. Devin B. (Father) appeals the family court's order terminating his parental rights (TPR) to his minor child (Child). The family court found clear and convincing evidence supported TPR because Child lived outside Father's home for at least six months and Father willfully failed to visit Child and Child had been in foster care for...
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 cross-appeal arises out of a trial in which a jury returned a verdict in favor of Terrence Hickey against Resolution Management Consultants, Inc. (RMC) for malicious prosecution. RMC argues the trial court erred in only partially granting its motion for directed verdict. Hickey argues the trial court erred in directing a...
FEW, C.J. This cross-appeal arises out of a trial in which a jury returned a verdict in favor of Patrick Broyhill against Resolution Management Consultants, Inc. (RMC) for malicious prosecution. RMC argues the trial court gave an erroneous jury instruction and erred in only partially granting its motion for directed verdict. Broyhill argues the trial court erred in directing a verdict in favor of RMC's corporate officers on his claim for malicious prosecution, and in directing a verdict for...
THOMAS, J. On cross-motions for summary judgment, Association Insurance Company (AIC) appeals the grant of partial summary judgment, costs, and attorney's fees to William and Mary Frances Walde, as assignees of Johnson Construction Company of Aiken, Inc. (Johnson). AIC argues the trial court erred in finding AIC had a duty to defend Johnson against the Waldes' arbitration claims. AIC further maintains the trial court erred in holding AIC was liable for costs and attorney's fees due to a breach...
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. Roshell B. (Father) appeals the family court order terminating his parental rights to his minor children (Children). Father argues the family court erred in finding (1) the Department of Social Services (DSS) provided services to him; (2) clear and convincing evidence supported grounds for termination of parental rights (TPR); and (...
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. Timothy Portee and Wilda Dale Portee (Appellants) appeal the circuit court's grant of directed verdicts on their claims against Always Precise Protection Agency & Investigations, Inc. for negligent hiring and negligent entrustment. The claims arise out of an unusual factual setting that involved Always Precise's hiring of John...
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. Victor O. (Father) appeals the family court's order of intervention, arguing the family court erred in (1) allowing a social worker to testify about whether Father abused his daughter (Daughter) and (2) finding Father sexually abused Daughter. We affirm pursuant to Rule 220(b), SCACR. 1. We hold the family court did not err in...
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: 1. As to whether the trial court erred in granting summary judgment: Hansson v. Scalise Builders of S.C., 374 S.C. 352 , 358, 650 S.E.2d 68 , 71 (2007) ("[W]hen ruling on a summary judgment motion, a [trial] court must determine whether the plaintiff has...
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 Stella Woodward's negligence claim against Respondents Norfolk Southern Corporation and Norfolk Southern Railway Company (collectively "Norfolk Southern"). The trial court granted Norfolk Southern's motion for summary judgment. On appeal, Woodward argues she presented sufficient evidence to...
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 James Martin's negligence claim against Respondents Norfolk Southern Corporation and Norfolk Southern Railway Company (collectively "Norfolk Southern"). The trial court granted Norfolk Southern's motion for summary judgment. On appeal, Martin argues he presented sufficient evidence to demonstrate...
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: 1. As to whether the South Carolina Department of Corrections violated Morant's due process right: Al-Shabazz v. State, 338 S.C. 354 , 371, 527 S.E.2d 742 , 751 (2000) ("[D]ue process in a prison disciplinary proceeding involving serious misconduct...
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 Eric Jones appeals the trial court's grant of summary judgment in favor of Wal-Mart Stores, Inc. (Wal-Mart), arguing the trial court erred in finding he failed to present evidence that a genuine issue of material fact existed as to whether Wal-Mart had notice of a dangerous condition on its premises. We affirm. 1 We hold...
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. Kathleen Coffaro appeals the post-foreclosure judgment orders of the master-in-equity, arguing the court erred in violating the provisions of numerous rules of civil procedure. Because the only issues she raised below were raised in her post-judgment motions, we address them under Rule 60(b), SCRCP. We find that the master...
CURETON, A.J. In this suit arising from a dispute among members of a limited liability company (LLC), the trial court dissociated R & D Development of the Carolinas, LLC (R & D) from the company and ordered the remaining members of the company to purchase R & D's distributional interest. Appellants contend the trial court erred in (1) not considering the company's legal obligation to repay debts to its remaining members and other relevant and undisputed evidence when valuing R & D's...
