Justia South Carolina Supreme Court Opinion Summaries

Petitioners' properties were in danger of foreclosure. Prior to any foreclosure action, Petitioners obtained loan modifications from their respective lenders to extend their loans' maturity dates and receive additional time to pay. Petitioners were unable to keep up with payments under the modification, and sought to prevent foreclosure arguing that the lenders engaged in the unauthorized practice of law by modifying the loans without an attorney. The Supreme Court disagreed, finding that modifying the loans without attorneys was not the unauthorized practice of law. View "Crawford v. Central Mortgage" on Justia Law

Appellant John Rainey sued the Honorable Nikki Haley, Goveror of South Carolina, seeking a declaration that the Governor violated the State Ethics Act when she was a member of the House of Representatives. The circuit court dismissed the action for lack of jurisdiction, finding the House Ethics Committee had exclusive jurisdiction to hear ethics complaints against its members. The Supreme Court agreed and affirmed. View "Rainey v. Haley" on Justia Law

Plaintiffs Edward Sloan and the South Carolina Public Interest Foundation filed suit in the Supreme Court's original jurisdiction for a determination of whether the South Carolina Transportation Infrastructure Bank was constitutional. Plaintiffs alleged the Bank violated both the dual office holding and the separation of powers prohibitions of the South Carolina Constitution. Finding the statute at issue here (11-43-140, So. Car. Code (2011)) was constitutional, the Supreme Court ruled in favor of the Bank. View "SC Public Interest Foundation v. SC Transportation Infrastructure Bank" on Justia Law

Suits were filed in Alabama and South Carolina in this divorce case. In 2007, the husband filed for divorce in Alabama, alleging he was a resident of Alabama, and his wife was a resident of South Carolina. Wife accepted service of the complaint, but approximately one month later, sued in South Carolina effectively responding point for point to the husband's Alabama case. After the wife's attempts to serve her husband failed, she was permitted to serve her husband by publication in Alabama. The husband never responded to her pleading. An Alabama attorney filed a limited notice of appearance on the wife's behalf in Alabama, challenging jurisdiction and moving the court to dismiss the husband's complaint. The Alabama court denied the wife's motion and set the matter for trial. Meanwhile, in South Carolina, the court awarded the wife alimony and divided the marital property. The South Carolina court found it had jurisdiction over the parties and subject matter jurisdiction over the division of property, noting the husband's Alabama attorney sought to have the South Carolina action dismissed, but was not admitted pro hac vice in South Carolina, and therefore did not respond to husband's motion. A hearing was held in Alabama; wife's counsel had withdrawn and was not replaced. The Alabama court found it had jurisdiction over the parties and their property, declared the South Carolina judgment null and void, and divided the parties' marital property. With his Alabama judgment, the husband filed a Rule 60(b) motion in South Carolina to have wife's judgment vacated. Upon review, the South Carolina Supreme Court concluded: the Alabama court's grant of divorce should be given full faith and credit; the wife was not entitled to bring her South Carolina action for division of property or attorney's fees; by making a limited appearance in Alabama, wife was bound by Alabama law, and abandoned her opportunity to contest personal jurisdiction there. Since Alabama would have given its order res judicata effect, it was entitled to full faith and credit. Therefore, the husband's Rule 60(b) motion the South Carolina orders should have been granted. The Supreme Court reversed and remanded this case for further proceedings. View "Ware v. Ware" on Justia Law

The issue before the Supreme Court centered on the grant of summary judgment in favor of Respondent Action Concrete Contractors, Inc. in a mechanic's lien foreclosure action. Owners Elvira Chappelear, Craig Chappelear, Premier Southern Homes, LLC, Henry G. Beal, Jr. and First Citizens Bank and Trust Co., Inc. argued on appeal there were material issues of fact and that the grant of summary judgment was inappropriate. The Supreme Court disagreed after its review of the trial court record and affirmed. View "Action Concrete v. Chappelear" on Justia Law

Plaintiffs Health Promotion Specialists, LLC sued the state Board of Dentistry based on the Board's enactment and enforcement of regulations relating to certain procedures performed by dental hygienists in school settings. The Board was awarded summary judgment; Health Promotion appealed, arguing the circuit court erred by concluding: (1) the Board was immune from suit under the state Tort Claims Act; (2) Health Promotion could not maintain an action under the state Unfair Trade Practices Act because the Board was not a "person" and its actions were not within "trade or commerce;" and (3) Health Promotions could not amend its complaint. Upon review, the Supreme Court found the Board was immune from suit and affirmed the circuit court's grant of summary judgment. View "Health Promotion Specialists v. SC Board of Dentistry" on Justia Law

Petitioner Shannon Hutchinson was the beneficiary of a mortgage life insurance policy. She sued Liberty Life Insurance Company after it denied her benefits under a policy exclusion for injury resulting from the insured's being intoxicated. The insured-decedent was under the influence of methamphetamine at the time of his accidental death. The circuit court granted Petitioner summary judgment, finding methamphetamine was not a narcotic under the policy. The appellate court reversed, finding the plain meaning of "narcotic" was enough to qualify as a narcotic. Petitioner petitioned the Supreme Court; the Supreme Court reversed the appellate court, finding the appellate court ready the policy exclusion to deny coverage for injuries from unlawful use of intoxicating substances: "this reading rewrites rather than interprets the insurance policy's exclusionary clause." View "Hutchinson v. Liberty Life Insurance" on Justia Law

The Supreme Court granted Dana Medlock's petition for certiorari to determine whether a non-attorney who files a claim in probate court for a business entity engages in the unauthorized practice of law. Upon review, the Supreme Court concluded that a non-attorney may present claims against an estate on behalf of a business without unduly engaging in the practice of law. View "Medlock v. University Health Services" on Justia Law

Alea London Limited (insurer) appealed a circuit court's denial of its motion to set aside an order of a special referee that granted Respondent Elisa Narruhn an assignment of rights in supplemental proceedings held in conjunction with another lawsuit. The underlying suit was filed after Respondent was shot while attending a nightclub in Myrtle Beach. A special referee was appointed to conduct supplemental proceedings to determine whether the club had any assets to satisfy Respondent's judgment. The referee granted Respondent an assignment of any and all rights, including any claims, the club might have had against the Insurer (which issued the club a liability insurance policy). Respondent subsequently sued the Insurer seeking damages for failing to pay or defend a claim. Upon review, the Supreme Court modified the circuit court's order, but affirmed. View "Narruhn v. Alea London Limited" on Justia Law

Edward William Hunt (Father) appealed a jury verdict in favor of Don Gause which found him liable under the family purpose doctrine for damages caused by the negligence of his son Edward Raymond Hunt. Gause, a police officer for the City of Conway, was on duty when he responded to a call from a highway patrolman who had pulled over a Firebird driven by Son on suspicion of drunk driving. Instead of pulling off the highway into the emergency lane, Son stopped in the left lane of traffic on the four lane highway, and the patrolman stopped behind him with his lights flashing. When Gause arrived, he parked behind the patrolman, who subsequently left the scene, and also activated his blue lights. A second policeman also responded and eventually took Son into custody, leaving only Gause and the abandoned vehicle. Gause was filling out paperwork in his car and waiting for the tow truck to move the Firebird when a pickup truck driven by Nathan Smithers rear-ended him, propelling his cruiser into the Firebird. Gause sued Smithers and Father (assuming Father was the driver of the Firebird because it was registered in his name) for his injuries. Father moved to dismiss on the basis that Son, and not he, had been driving the Firebird that night. Realizing the mistake, Gause filed an amended complaint substituting Son as the defendant for the negligence claim and changing the claims against Father to negligent entrustment and liability under the family purpose doctrine. Son moved to be dismissed as a party because the amendment occurred after the statute of limitations had run, and the circuit court granted the motion, holding the amended complaint did not relate back under Rule 15(c), SCRCP. On appeal to the Supreme Court, Father argued he could not be found liable under the family purpose doctrine; Son's actions were not a proximate cause of Gause's injuries; he should have been granted a new trial due to prejudicial statements and a defective verdict form; and the punitive damages award should have been overturned as impermissible under the family purpose doctrine. Upon review, the Supreme Court reversed the trial court's award of punitive damages, but affirmed the trial court in all other respects. View "Gause v. Smithers" on Justia Law