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Jul 12, 2018

Landlord/Tenant – Ejectment – Appeals – Moot – Vacated Property

Where the appellant-tenant vacated the leased property nearly three years ago, this appeal of the magistrate’s ejectment order is moot. Appeal dismissed. Skydive Myrtle Beach, Inc. v. Horry County (Lawyers Weekly No. 011-064-18, 5 pp.) (James Lockemy, C.J.) Appealed from the Circuit Court in Horry County (Larry Hyman Jr., J.) Robert Bratton Varnado and Alexis […]

Nov 21, 2017

Civil Practice – Mootness – Executive Order – Expired Provision

International Refugee Assistance Project v. Trump (Lawyers Weekly No. 001-202-17, 6 pp.) (Per Curiam) (Paul Neimeyer, J., joined by Dennis Shedd & G. Steven Agee, JJ., concurring in part & dissenting in part) 17-1351; Nov. 17, 2017; on remand from the U.S. Supreme Court; 4th Cir. Holding: In an Oct. 10, 2017, order, the U.S. Supreme Court held […]

Nov 9, 2015

Real Property – Civil Practice – Appeals – Foreclosure Sale – Mootness

Wachesaw Plantation East Community Services Association, Inc. v. Alexander (Lawyers Weekly No. 010-121-15, 8 pp.) (Donald Beatty, J.) (Costa Pleicones, J., concurring in the result only) Appealed from Georgetown County (Joe Crosby, Master-in-Equity) On writ of certiorari to the Court of Appeals. S.C. S. Ct. Holding: After defendant appealed the denial of his motion to […]

Mar 9, 2015

Constitutional — Public Funds – Private Purposes – Standing & Mootness – Internal Review

South Caroline Public Interest Foundation v. South Carolina Department of Transportation (Lawyers Weekly No. 011-023-15, 7 pp.) (Paul Short Jr., J.) Appealed from Richland County Circuit Court (L. Casey Manning, J.) S.C. App. Holding: Since the state Department of Transportation has already conducted an internal review and determined that it violated its own policies when […]

Dec 16, 2014

Civil Rights — Medicaid Recipient – Civil Practice – Mootness – Motion to Redact – Pro Se Litigant

Peter B. v. Buscemi (Lawyers Weekly No. 002-248-14, 14 pp.) (Timothy Cain, J.) 6:10-cv-00767; D.S.C. Holding: When the South Carolina Court of Appeals remanded plaintiff’s case the Administrative Law Court, the Department of Health and Human Services did not contest the case on the merits; as a result, plaintiff has received the relief he seeks, […]

Oct 13, 2014

Administrative — Medicaid Benefits – Civil Practice – Mootness & Ripeness – Tort/Negligence

Kobe v. Haley (Lawyers Weekly No. 002-196-14, 14 pp.) (Margaret Seymour, Sr. J.) 3:11-cv-01146; D.S.C. Holding: Even though plaintiffs were told their Adult Day Health Care services would be terminated, since those services were never interrupted and plaintiffs prevailed during the administrative appeals process, and since plaintiff Kobe has received the new wheelchair he needed, […]

Aug 1, 2012

Civil Practice – Offer of Judgment – Mootness – Insufficient – Class Action Certification – Unmanageable – Labor & Employment – FLSA – Overtime Pay

Pelczynski v. Orange Lake Country Club, Inc. Although an offer of judgment under Fed. R. Civ. P. 68(a) that clearly meets the demands of a plaintiff will moot a case and ultimately require dismissal, since the parties dispute the amount of hours worked by plaintiffs, defendant’s unilateral calculation of the amounts set out in its offer of judgment does not clearly meet plaintiffs’ de[...]

Apr 7, 2011

Administrative – Licenses & Permits – Liquor, Beer & Wine – Revocation Proceeding – License Surrender – Mootness

South Carolina Department of Revenue v. Club Rio. Even though the respondent-permit holder surrendered his license before the Department of Revenue's revocation action could be heard, the revocation . . .

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