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Tag Archives: Conflicting Evidence

Real Property – Boundary Dispute – Conflicting Evidence – Civil Practice – Appeals (access required)

Williams v. Moore The fact that plaintiffs’ expert used artificial monuments to challenge the accuracy of a plat does not render his testimony incompetent or inadmissible. Although natural boundaries are generally given more weight than artificial monuments, the rule does not provide an order of admissibility such that evidence of artificial boundaries is admissible only when there is no evidence of natural boundaries. We affirm judgment for plaintiffs.

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Criminal Practice – PCR – Appeal Advice — Murder – Motion to Dismiss – Conflicting Evidence (access required)

Clark v. State Although there is evidence that trial counsel explained the appeal process to petitioner before the trial started, there is no probative evidence that trial counsel informed petitioner of his right to appeal following petitioner’s trial. Explaining an appeal process before a defendant has even gone to trial does not equate to making a convicted client fully aware of his right to appeal that conviction.

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Workers’ Compensation – Causation – Respiratory Problems – Conflicting Evidence (access required)

Brunson v. American Koyo Bearings Even though the claimant presented medical and lay testimony in support of her claim, there was medical evidence to the contrary, the single commissioner found that the claimant was not credible, and the single commissioner discounted testimony from other lay witnesses because they were the claimant’s friends outside work. Since the evidence is conflicting over a factual issue, the findings of the Appellate Panel of the Workers’ Compensation Commission are conclusive. We affirm the circuit court’s decision to uphold the Appellate Panel’s denial of benefits.

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Real Property – Title Insurance – Availability – Civil Practice – Summary Judgment – Conflicting Evidence (access required)

M&T Group, LLC v. Palmetto Point of Williamston, LLC. Even though the plaintiff-buyer's title insurance company refused to cover title from the defendant-seller, since the seller submitted evidence that such coverage was available, there is a . . .

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