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Court of Appeals of South Carolina

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STATON v. MOHAWK INDUSTRIES, INC., 2016-UP-521. (2016)
Court of Appeals of South Carolina Filed:SC Dec. 21, 2016 Citations: 2016-UP-521.

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 . Staton appeals the decision of the Appellate Panel of the Workers' Compensation Commission (the Appellate Panel). She argues the Appellate Panel erred in finding (1) Mohawk Industries, Inc. (Mohawk), and Liberty Mutual (collectively, Respondents) properly raised the defense of notice; (2) Staton discovered, or could have...

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IN THE MATTER OF TRIPPE, 2016-UP-492. (2016)
Court of Appeals of South Carolina Filed:SC Nov. 23, 2016 Citations: 2016-UP-492.

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 Trippe, Jr., (Appellant) appeals from a circuit court order affirming a finding of contempt from the probate court's order on the ground the issue of contempt was moot. The circuit court also found, as an additional sustaining ground, evidence supported the probate court's finding of contempt. On appeal, Appellant argues...

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SIMS v. EDWIN PATE VINYL SIDING, 2016-UP-469. (2016)
Court of Appeals of South Carolina Filed:SC Nov. 09, 2016 Citations: 2016-UP-469.

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. Code Ann. 42-1-360(2) (2015) (stating an employer is subject to the South Carolina Workers' Compensation Act only if it employs four or more employees in the same business within the state); Edens v. Bellini, 359 S.C. 433 , 440, 597 S.E.2d 863 ,...

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STATE v. WHITE, 2016-UP-394. (2016)
Court of Appeals of South Carolina Filed:SC Aug. 03, 2016 Citations: 2016-UP-394.

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 . Shawn White appeals his conviction for homicide by child abuse, arguing the trial court erred in denying his motion for a directed verdict because the State's evidence showed only his presence with the victim during a portion of the time when her injuries occurred and merely raised a suspicion of his guilt. We affirm pursuant to...

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IN THE MATTER OF TRIPPE, 2016-UP-393. (2016)
Court of Appeals of South Carolina Filed:SC Aug. 03, 2016 Citations: 2016-UP-393.

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 . Both parties appealed the circuit court's order affirming the probate court's finding of contempt against Appellant-Respondent James Trippe, Jr., individually and as Personal Representative of the Estate of James A. Trippe, III. Appellant-Respondent argued (1) the circuit court erred because the contempt finding was based on an...

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THE CALLAWASSIE ISLAND MEMBERS CLUB, INC. v. DENNIS, 417 S.C. 610 (2016)
Court of Appeals of South Carolina Filed:SC Aug. 03, 2016 Citations: 417 S.C. 610, 5434.

LOCKEMY , C.J. Ronnie D. Dennis and Jeanette Dennis (Appellants) appeal the circuit court's grant of the Callawassie Island Members Club, Inc.'s motion for summary judgment. We reverse and remand to the circuit court. FACTS/PROCEDURAL BACKGROUND In 1999, Appellants purchased property on Callawassie Island, a private island located between Beaufort and Hilton Head Island. They also purchased a membership in the Callawassie Island Club (CIC). The provisions governing membership in CIC were...

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COOK v. REGIONS BANK, 2016-UP-387. (2016)
Court of Appeals of South Carolina Filed:SC Jul. 27, 2016 Citations: 2016-UP-387.

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 . Regions Bank and Robyn Clevinger (Appellants) appeal the trial court's denial of their motions for directed verdict and judgment notwithstanding the verdict (JNOV). Appellants claim the trial court erred by denying the motions because (1) the alleged defamatory statement was true or, at a minimum, substantially true; (2)...

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SHAW v. SHAW, 2016-UP-380. (2016)
Court of Appeals of South Carolina Filed:SC Jul. 27, 2016 Citations: 2016-UP-380.

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 . Vickie A. Shaw appeals the family court's order annulling her marriage to Marty W. Shaw. On appeal, Vickie argues the family court erred by (1) not recognizing the presumption in favor of a marriage, thus improperly shifting the burden on Vickie to prove a valid marriage, (2) improperly interpreting the Uniform Divorce...

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McMILLAN v. McMILLAN, 417 S.C. 583 (2016)
Court of Appeals of South Carolina Filed:SC Jul. 13, 2016 Citations: 417 S.C. 583, 5426.

GEATHERS , J. : In this divorce action between Jimmy D. McMillan (Husband) and Tina G. McMillan (Wife), Husband appeals the family court's final order of divorce, arguing the family court erred in finding: (1) Husband's business that was created prior to the marriage was transmuted into marital property; (2) Husband's businesses that were created during the marriage were marital property; (3) Husband did not have a nonmarital interest in his retirement accounts; and (4) Wife's jewelry that...

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SPIKES v. CUNNINGHAM, 2016-UP-354. (2016)
Court of Appeals of South Carolina Filed:SC Jul. 06, 2016 Citations: 2016-UP-354.

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: Judy v. Judy, 403 S.C. 203 , 207-08, 742 S.E.2d 672 , 675 (Ct. App. 2013) ("A clear and convincing evidentiary standard governs fraudulent conveyance claims brought under the Statute of Elizabeth. An action to set aside a conveyance under the Statute of...

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TIPPERARY SALES v. SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, 2016-UP-351. (2016)
Court of Appeals of South Carolina Filed:SC Jun. 30, 2016 Citations: 2016-UP-351.

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 Tipperary Sales d/b/a La-Z-Boy Furniture Gallery (Tipperary) sued the South Carolina Department of Health and Environmental Control (DHEC), the South Carolina Department of Transportation (DOT), the City of North Charleston (the City), and the Charleston Water System (CWS) (collectively Respondents) on various causes...

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STATE v. STALK, 2016-UP-341. (2016)
Court of Appeals of South Carolina Filed:SC Jun. 29, 2016 Citations: 2016-UP-341.

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 Stalk appeals his murder, attempted armed robbery, and possession of a firearm during the commission of a violent crime convictions asserting the trial court erred in failing to suppress his confession because (1) the statement was made following a promise of leniency and (2) threats or promises were made to his family. We...

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McDANIEL v. CAREER EMPLOYMENT PROFESSIONAL, 2016-UP-327. (2016)
Court of Appeals of South Carolina Filed:SC Jun. 22, 2016 Citations: 2016-UP-327.

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 . John McDaniel—an employee at Career Employment Professional d/b/a Snelling Staffing (Snelling Staffing), a temporary staffing agency—injured his left foot while working at his work placement site, Alside Revere. He filed a workers' compensation claim against Snelling Staffing and United Wisconsin Insurance Company (collectively,...

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GREEN v. DOE, 2016-UP-279. (2016)
Court of Appeals of South Carolina Filed:SC Jun. 08, 2016 Citations: 2016-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 . 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.");...

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CITY OF NORTH CHARLESTON v. BARRA, 2016-UP-275. (2016)
Court of Appeals of South Carolina Filed:SC Jun. 08, 2016 Citations: 2016-UP-275.

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. Code Ann. 56-5-2953(A) (Supp. 2015) ("The video recording at the incident site must . . . include any field sobriety tests administered. . . ."); State v. Gordon, 414 S.C. 94 , 98, 777 S.E.2d 376 , 378 (2015) ("The cardinal rule of statutory...

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RICHARDSON v. BEAL LUMBER COMPANY, INC., 2016-UP-267. (2016)
Court of Appeals of South Carolina Filed:SC Jun. 08, 2016 Citations: 2016-UP-267.

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 . Johnathon Ashley Richardson appeals the order of the Appellate Panel of the South Carolina Workers' Compensation Commission affirming the single commissioner's decision, which found Richardson failed to show he suffered from a repetitive trauma injury and did not provide notice to his employer, Beal Lumber, of a repetitive...

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WELLS FARGO BANK, N.A. v. PAPPAS, 2016-UP-263. (2016)
Court of Appeals of South Carolina Filed:SC Jun. 08, 2016 Citations: 2016-UP-263.

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: Dawkins v. Fields, 354 S.C. 58 , 69, 580 S.E.2d 433 , 439 (2003) (noting that to avoid summary judgment, "the nonmoving party must demonstrate the likelihood that further discovery will uncover additional relevant evidence and that the party is `not...

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SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES v. MILLER, 2016-UP-265. (2016)
Court of Appeals of South Carolina Filed:SC Jun. 02, 2016 Citations: 2016-UP-265.

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 . Tyeisha Miller (Mother) appeals the family court's order terminating her parental rights to her minor children SG, CG, and KM. On appeal, Mother argues clear and convincing evidence does not support the statutory grounds for termination of parental rights (TPR) or show TPR is in the children's best interest. We affirm. On appeal...

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PARTIN v. HARBIN, 2016-UP-271. (2016)
Court of Appeals of South Carolina Filed:SC Jun. 03, 2016 Citations: 2016-UP-271.

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 from a private action for termination of parental rights (TPR). Jason Andrew Harbin (Father) appeals the family court's order terminating his parental rights to his two sons (Children). Father argues the family court erred in finding (1) he willfully failed to visit Children, (2) he willfully failed to support...

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SOUTH CAROLINA DEPARTMENT OF SOCIAL SERVICES v. NELSON, 2016-UP-270. (2016)
Court of Appeals of South Carolina Filed:SC Jun. 03, 2016 Citations: 2016-UP-270.

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 . TyShema Nelson appeals the family court's final order terminating her parental rights to her minor children. See S.C. Code Ann. 63-7-2570 (Supp. 2015). Upon a thorough review of the record and the family court's findings of facts and conclusions of law pursuant to Ex Parte Cauthen, 291 S.C. 465 , 354 S.E.2d 381 (1987),...

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