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S.C. Court of Appeals

Sep 11, 2023

Prisons & Jails – Parole Denial – Facts of Offense – Juvenile Offender – Exemplary Inmate

The appellant-inmate has been imprisoned for 50 years for a crime he committed at age 17. The jury recommended mercy, and there appears to be no dispute that appellant has been an exemplary inmate and demonstrated remorse, rehabilitation and a low risk for recidivism. While it seems that the review conducted by the Parole Board […]

Sep 11, 2023

Contract – Subcontractor’s Invoice – ‘Pay When Paid’ Provision – Unenforceable Condition Precedent

A provision in the contract between the defendant-general contractor and the plaintiff-subcontractor allowed the general contractor to withhold payment for the subcontractor’s work until the project owner paid the general contractor. This provision violated S.C. Code Ann. § 29-6-230’s clear prohibition on conditioning payment to a subcontractor upon the owner’s payment to the general contra[...]

Sep 11, 2023

Contract – Real Estate Agent – Real Property Inspection – Release & Indemnity Provision

Our courts have upheld liability waivers executed prior to the activities which were subject to the waivers, e.g., paintball games, McCune v. Myrtle Beach Indoor Shooting Range, Inc., 364 S.C. 242, 612 S.E.2d 462 (Ct. App. 2005). Here, the plaintiff-buyer signed a contract containing a release of the defendant-real estate agent from claims including those […]

Sep 11, 2023

Domestic Relations – Civil Practice – Contempt – Undisclosed Debt

The family court’s “Final Order” said, “The parties shall strictly comply with the terms of the [final settlement a]greement or risk the contempt powers of the court.” Accordingly, the plaintiff-Wife’s rule to show cause gave the family court leave to enforce the unambiguous payment and indemnification terms of the Final Order by ordering the defendant-Husband […]

Sep 11, 2023

Contract – Credit Card – Consumer Protection Code – Account Stated

Plaintiff bought a charged-off debt from a credit card issuer and brought this action against defendant, the purported credit card debtor. We hold that consumer credit cards are “lender credit cards” and “consumer loans” pursuant to the South Carolina Consumer Protection Code, and plaintiff should have sent defendant a right to cure notice before filing […]

Aug 31, 2023

Criminal Practice – Kidnapping, Robbery & Murder – Confession – Other Bad Acts – Sentencing

In interrogating defendant, the detectives in this case went up to the line of what is permissible. However, despite their misrepresentations, their mentions of the death penalty, and their promise not “to slap a robbery charge on you,” the detectives did not cross that line so as to render defendant’s confession involuntary. We affirm defendant’s […]

Aug 31, 2023

Real Property – Condominium Development – Common Area Removal

During a condominium development’s transition period, the developer retained the authority to remove unimproved common-area property from the property regime. None of the events triggering the end of the transition period had yet occurred when – six years into the development – the developer removed from the regime a 2.58-acre tract that had been designated, […]

Aug 16, 2023

Tort/Negligence – Economic Loss Rule – Breach of Contract – Termite Damage

After paying defendants pursuant to a termite treatment and repair bond agreement for 12 years, plaintiff discovered that his house was “inundated” with subterranean termites. Plaintiff’s negligence claim against defendants is barred by the economic loss rule. We affirm summary judgment for defendants on plaintiff’s negligence claim. The economic loss rule provides that there is […]

Aug 16, 2023

Tort/Negligence – Duplicate Lottery Tickets – Failure to Exhaust Administrative Remedies

Plaintiff purchased five Mega Millions lottery tickets that he later discovered included four duplicate tickets; subsequently, he filed this action in which he specifically sought damages for the purchase of winning tickets. Even though the South Carolina Education Lottery Act does not mandate exhaustion of administrative remedies, the circuit court did not abuse its discretion […]

Aug 16, 2023

Tort/Negligence – Winning Lottery Tickets – Refusal to Pay – Failure to Exhaust Administrative Remedies – Class Action

This putative class action alleges that defendants failed to pay multiple winners of their 2017 $1 instant Holiday Game. The circuit court did not abuse its discretion in dismissing plaintiffs’ complaint for failure to exhaust their administrative remedies. We affirm the circuit court’s grant, upon reconsideration, of defendants’ motions to dismiss. Plaintiffs argue that the […]

Aug 16, 2023

Civil Rights – FOIA Request – Charitable Organization – State Involvement – Private Schools – Exceptional Children

The South Carolina Educational Credit for Exceptional Needs Children Fund was set up by the General Assembly, and our Department of Revenue is minimally involved in operating the Fund. However, the money in the Fund comes from private sources and is distributed as scholarships for children with exceptional needs. The Fund is not a public […]

Aug 16, 2023

Tort/Negligence – Contribution among Tortfeasors – Auto Accident – Insurance Settlement Allocation

The plaintiff-driver was injured when her vehicle was struck by defendant McGee’s vehicle, as McGee was being followed by defendant Hudgins, while both defendants were driving too fast for conditions. McGee remained a defendant, despite his auto insurer paying plaintiff $100,000. After the jury awarded plaintiff $88,546.78 in compensatory damages (allocating 60 percent of the […]

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