Justia South Carolina Supreme Court Opinion Summaries

Appellant Centex International filed consolidated income tax returns for three of its corporate affiliates. It appealed an Administrative Law Court order that upheld the state Department of Revenue's denial of its claim for tax credits for the 2002-2005 tax years. Finding no error in the ALC's calculation of the tax, the Supreme Court affirmed. View "Centex International v. SCDOR" on Justia Law

In a declaratory judgment action, the issue before the Supreme Court was whether the circuit court erred when it found a commercial general liability (CGL) policy provided coverage when a brick face was damaged by improper cleaning after the insured general contractor completed its installation. After review, the Court concluded the policy did not provide coverage. View "Bennett & Bennett Construction v. Auto Owners Insurance" on Justia Law

The South Carolina Association of School Administrators (SCASA) is a non-profit corporation. In 2009, Rocky Disabato sent SCASA a request for information pursuant to the FOIA. The Executive Director of SCASA refused the request, asserting that SCASA is not a public entity subject to the FOIA. Disabato thereafter filed a complaint seeking a declaration that SCASA violated the FOIA by refusing to comply with his request as well as an injunction requiring SCASA to comply with the FOIA. SCASA moved to dismiss, arguing that as a non-profit engaged in political advocacy, the FOIA unconstitutionally infringed on its free speech rights. Upon review of the matter, the Supreme Court held that the FOIA did not violate SCASA's rights and reversed the circuit court's order granting its motion to dismiss. View "Disabato v. SCASA" on Justia Law

Defendant-Applicant Gregory McHam appealed the denial of his application for post-conviction relief. He contended that he received ineffective assistance of trial counsel because counsel failed to renew a motion to suppress drug evidence. Upon review, the Supreme Court concluded the PCR judge erred in finding defendant's trial counsel was not deficient, but that counsel's failure to renew the objection to drug evidence was not deficient performance such that defendant's constitutional rights were violated. However, the Court agreed with the PCR judge's ultimate findings that defendant did not establish prejudice and did not prove his claim for ineffective assistance of counsel as his Fourth Amendment claim failed on its merits. Consequently, the decision of the PCR judge was affirmed as modified. View "McHam v. South Carolina" on Justia Law

Following Appellant Darren Pollack's injury on the job, his employer accommodated his work restrictions by providing him light duty employment. Later, Appellant was discharged for violating a company policy by failing to report an accident involving an employer vehicle. Appellant filed a claim seeking Temporary Total Disability benefits. The Workers' Compensation Commission denied the claim, holding Appellant's termination and resulting incapacity to earn wages was due to his violation of company policy and not his work-related injury. Finding no error in the Commission's decision, the Supreme Court affirmed. View "Pollack v. Southern Wine & Spirits" on Justia Law

In 2008, Decedent Robert L. Gilmore executed his Will, which was filed with the probate court upon his death in August of 2010. He bequeathed his entire estate to Respondents Francis D. Daniels and Patricia C. Daniels, who are unrelated to Decedent. Appellant Jennifer Turner was born on November 8, 1972. It is undisputed that Appellant and Decedent did not know each other, but she later learned that Decedent was her biological father. Appellant filed a claim of inheritance with the probate court based on section 62-2-302(b) of the South Carolina Code. The issue before the Supreme Court centered on whether Appellant qualified as a pretermitted child. Because the presumed facts of this case fell outside the clear language of section 62-2-302(b), the Supreme Court concluded that the probate court, and the circuit court on review, correctly dismissed Appellant's claim. View "Turner v. Daniels" on Justia Law

The issue on appeal before the Supreme Court in this case was a court of appeals' finding that Wachovia Bank, N.A. committed the unauthorized practice of law in closing a home equity loan in 2001. In 2001, Michael Coffey obtained a home equity line of credit from the Bank, using a Hilton Head Island home as collateral. While the mortgage documents the Bank prepared contained language that Michael owned the home, he was not on the title to the home. It belonged to his wife Ann alone. Ann did not sign the line of credit papers. The money was used to purchase a sailboat, the title of which placed in the name of A&M Partners, a company both Michael and Ann jointly owned. Michael made payments on the boat from a personal checking account. He died in 2005, and Ann continued to make payments from the same personal checking account until she decided to sell the boat through a broker. The Broker checked the status of the Bank's loan. It informed Ann that there was no lien or mortgage on the boat. Believing that the boat was then paid for, she sold the boat in 2006 and stopped making payments. Six months later, the Bank filed a foreclosure action against Michael's estate. Ann moved to dismiss, and the trial court granted her motion for summary judgment, citing the Bank's failure to perform due diligence to see that Michael did not own the property the Bank used as collateral for the loan. Finding that the Bank never held a valid mortgage, the Supreme Court affirmed the trial court's grant summary judgment. View "Wachovia Bank v. Coffey" on Justia Law

In 1999 and 2001, Respondent John Hollman went to Appellants TLC Laser Eye Centers, LLC and the TLC Laser Center (the Centers) for a series of eye surgeries. In the several years following the surgeries, respondent's vision deteriorated. He sued the Centers' doctors and the Centers themselves alleging medical malpractice. Respondent's wife sued for loss of consortium. Respondents requested a patient database the Centers maintained through the discovery process. The Centers resisted, but was eventually ordered to produce the database under a protective order. While this case was still pending, respondents joined a class action against appellants. Before the database was produced, the parties entered into a settlement agreement in which they settled all their personal state and federal claims. The Centers were subsequently dismissed from the litigation. Respondents' claims against the doctors continued. As a result of the settlement, respondents withdrew as lead plaintiffs in the class action, and a new plaintiff took their place. The class action plaintiff requested the database. Appellants filed a notice of motion and motion for rule to show cause, motion to modify the protective order, and motion for sanctions in the class action although they were no longer parties in that action. The class action court issued an order denying the motion. Appellants moved for reconsideration. Respondents then settled their individual claims against the remaining state court defendants. Appellants moved the court to order respondents' counsel to prepare an order denying appellants' Rule 59(e) motion or, in the alternative, that the court prepare such an order. The trial court held a hearing on the motion denied it in part and granted it in part. It denied appellants' motion for reconsideration, finding it lacked subject matter jurisdiction over appellants' request as a result of the dismissal of the case. Notwithstanding this finding, it also held that settlement and dismissal of the case operated as a final adjudication, barring further litigation of pre-settlement violations of the protective order. It held appellants waived their right to a written order denying the Rule 59(e) motion by failing to respond to respondents' counsel's letter advising of the impending dismissal of the case without an order on appellants' Rule 59(e) motion. With respect to the protective order, the court held it retained jurisdiction to hear appellants' request for return of the database and granted their motion for its return. Upon direct appeal to the Supreme Court, the issue was the denial of a motion for entry of a ruling on a motion for reconsideration and the motion for rule to show cause, for sanctions, and for modification of a protective order. The Court concluded that the trial court erred when it held it lacked jurisdiction to enter an order ruling on appellants' motion for reconsideration after the action had been dismissed when a protective order governed disclosure of certain materials discovered in that action. View "TLC Laser Eye Centers v. Woolfson" on Justia Law

Appellant Thalma Barton appealed an Administrative Law Court's order that affirmed the South Carolina Department of Probation, Parole and Pardon Services' (DPPPS) decision to deny her parole. Although two-thirds of the members of the Parole Board voted in favor, the Board ultimately denied parole, citing the seriousness of Appellant's offense. Upon review, the Supreme Court concluded that the Administrative Law Court erred in interpreting the two-thirds provision requiring Appellant to obtain five Parole Board votes instead of four, and that retroactive application of that provision constituted an ex post facto violation. Because Appellant received the necessary number of votes, she should have been granted parole. The Court therefore reversed the Administrative Law Court's decision. View "Barton v. SCDPPP" on Justia Law

The Supreme Court held that the failure to complete a mediation conference in a timely manner does not divest a trial court of jurisdiction, and dismissal is not mandated. South Carolina Code 15-79-125 requires a pre-suit mediation process for medical malpractice claims, and that the conference be completed within a 120-day period, which may be extended. The issue before the Court centered on whether the failure to complete the mediation conference in a timely manner divested the trial court of subject matter jurisdiction and required dismissal. The contrary decision of the trial court was reversed and the case remanded for the pre-suit mediation process to be completed. View "Ross v. Waccamaw Community Hospital" on Justia Law