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Jul 27, 2018

Civil Practice – Appeals – Remand Order – Stay Motion – Zoning

The defendant-developers have failed to show that they are likely to succeed against the plaintiff-county’s claims that defendants are violating county zoning ordinances in their attempts to develop their land on Johns Island; moreover, the county will be irreparably harmed if defendants are allowed to continue their development activities. The court denies defendants’ motion for […]

Apr 26, 2018

Civil Practice – Appeals – Issue Preservation – Previous Ruling – Administrative – Hospital CON

In the parties’ first contested case, the Administrative Law Court ruled that the South Carolina Health Plan made only existing health care providers in York County eligible for additional hospital beds; petitioner successfully challenged that ruling on dormant Commerce Clause grounds. In the parties’ second contested case, the ALC ruled against petitioner on the basis […]

Apr 23, 2018

Criminal Practice – Stand Your Ground – Immunity Claim – Guilty Plea – Appeals

Indicted for attempted murder, defendant asserted immunity from prosecution pursuant to the Protection of Persons and Property Act (the Act); the trial court denied defendant’s immunity claim; and defendant then pled guilty to the lesser-included offense of assault and battery of a high and aggravated nature. Defendant’s guilty plea prohibits his assertion, on appeal, that […]

Mar 16, 2018

Tort/Negligence – Appeals – Evidence – Store Security Guard – Deadly Car Chase – Negligent Hiring

A jury found that plaintiff could not recover from the company that provided security for the defendant-store or from the security guard who engaged in a high-speed chase preceding the single-car accident that killed plaintiff’s decedent. Although, in a prior appeal, plaintiff did not preserve the issue of the store’s negligence in hiring the security […]

Mar 5, 2018

Civil Practice – Appeals – Insufficient Grounds

Holding: Appellants have failed to demonstrate grounds for appellate review under G.S. § 7A-27(a)(3). The appeals in this matter are therefore dismissed. In re Southeastern Eye Center (Lawyers Weekly No. 010-010-18, 1 p.) (Michael Morgan, J., for the court) Appealed from Wake County. S.C. S. Ct.

Mar 2, 2018

Civil Practice – Appeals – ‘Notice’ – Email – Prospective Application

Holding: An email that provides written notice of entry of an order or judgment triggers the time for serving a notice of appeal, if the email is sent from the court, an attorney of record or party. However, given the novelty of the issue, the frequency with which the issue is likely to arise, and […]

Jan 2, 2018

Criminal Practice – Appeals – Untimely – First Impression – Sua Sponte Dismissal

United States v. Oliver (Lawyers Weekly No. 001-002-18, 17 pp.) (Roger Gregory, C.J.) 15-4376; Dec. 20, 2017; USDC at Orangeburg, S.C. (Margaret Seymour, S.J.) 4th Cir. Holding: It is the government’s responsibility to raise the issue of the untimeliness of a defendant’s appeal; however, the defendant in this case had already pursued collateral review before he filed his […]

Dec 22, 2017

Civil Practice – Appeals – Trusts & Estates – Probate Court – Interlocutory Order

Dorn v. Cohen (Lawyers Weekly No. 010-004-18, 4 pp.) (Per Curiam) Appealed from Horry County Circuit Court (Deadra Jefferson, J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: Although the Court of Appeals applied the wrong statute (S.C. Code Ann. § 14-3-330) in determining whether a probate court order was […]

Nov 10, 2017

Criminal Practice – Motion to Suppress – Appeals – Magistrate to Circuit Court

State v. Looper (Lawyers Weekly No. 010-061-17, 6 pp.) (John Kittredge, J.) Appealed from Greenville County Circuit Court (Letitia Verdin, J.) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: A magistrate granted defendant’s motion to suppress and dismissed the DUI charge against him, the state appealed, and the circuit court […]

Oct 31, 2017

Civil Practice – Appeals – Interlocutory – Collateral Order Doctrine – Importance – Severed State Claim

Campbell-McCormick, Inc. v. Oliver (Lawyers Weekly No. 001-190-17, 14 pp.) (Robert King, J.) 16-1895; Oct. 24, 2017; USDC at Baltimore, Md. (Catherine Blake, C.J.) 4th Cir. Holding: Where (1) plaintiff filed his asbestos exposure claims in state court, (2) defendant brought a third-party contribution claim against General Electric Co., and (3) GE asserted the federal […]

Sep 27, 2017

Civil Practice – Appeals – Interlocutory – Receivership – S.C. Ponzi Scheme Law

Ashmore v. Sullivan (Lawyers Weekly No. 002-141-17, 9 pp.) (J. Michelle Childs, J.) 8:15-cv-00563; D.S.C. Holding: Defendants – net winners of $3.2 million in a Ponzi scheme – asked this court to certify several questions to the South Carolina Supreme Court, but this court declined, finding, “South Carolina has sufficient controlling precedent regarding Ponzi schemes […]

Jun 16, 2017

Civil Practice – Appeals – Interlocutory Order – Dismissal with Leave to Amend – First Impression

Tillman v. Tillman (Lawyers Weekly No. 011-040-17, 4 pp.) (D. Garrison Hill, J.) Appealed from Dorchester County Circuit Court (Diane Schafer Goodstein, J.) S.C. App. Holding: Where the circuit court’s order granted plaintiff’s motion to dismiss defendants’ counterclaim while simultaneously inviting defendants to move to amend their counterclaim, the order is not immediately appealable. Appe[...]

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