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 ...

Tagged with: Appeals

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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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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; ...

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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 ...

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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 ...

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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 ...

Tagged with: Appeals