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  • Commentaries
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South Carolina Case Commentaries

Separation of Subject Matter Jurisdiction and Indictment Sufficiency: Precedent Set by State v. Gentry

Separation of Subject Matter Jurisdiction and Indictment Sufficiency: Precedent Set by State v. Gentry

Date: Mar 8, 2005
Separation of Subject Matter Jurisdiction and Indictment Sufficiency: Precedent Set by State v. Gentry Introduction State v. Ricky Dennis Gentry, 363 S.C. 93 (2005), is a landmark decision by the...
Defining "Small Island": SC Supreme Court Clarifies Regulatory Application in Environmental Permit Cases

Defining "Small Island": SC Supreme Court Clarifies Regulatory Application in Environmental Permit Cases

Date: Feb 23, 2005
Defining "Small Island": SC Supreme Court Clarifies Regulatory Application in Environmental Permit Cases Introduction The Supreme Court of South Carolina delivered a pivotal decision on February 22,...
FIELDS v. REGIONAL MEDICAL CENTER ORANGEBURG: Standards for Expert Testimony and Procedural Authority in Medical Malpractice Appeals

FIELDS v. REGIONAL MEDICAL CENTER ORANGEBURG: Standards for Expert Testimony and Procedural Authority in Medical Malpractice Appeals

Date: Feb 15, 2005
FIELDS v. REGIONAL MEDICAL CENTER ORANGEBURG: Standards for Expert Testimony and Procedural Authority in Medical Malpractice Appeals Introduction FIELDS v. REGIONAL MEDICAL CENTER ORANGEBURG (363...
South Carolina Supreme Court Establishes Exclusive Grippon Standard for Circumstantial Evidence in STATE v. CHERRY

South Carolina Supreme Court Establishes Exclusive Grippon Standard for Circumstantial Evidence in STATE v. CHERRY

Date: Nov 30, 2004
South Carolina Supreme Court Establishes Exclusive Grippon Standard for Circumstantial Evidence in STATE v. CHERRY Introduction In State v. Yukoto Eugene Cherry, 361 S.C. 588 (2004), the Supreme...
Clarification on Timeliness of Appeals Concerning Rule 59(e) Motions in South Carolina: Elam v. S.C. Department of Transportation

Clarification on Timeliness of Appeals Concerning Rule 59(e) Motions in South Carolina: Elam v. S.C. Department of Transportation

Date: Sep 14, 2004
Clarification on Timeliness of Appeals Concerning Rule 59(e) Motions in South Carolina: Elam v. South Carolina Department of Transportation Introduction Elam v. South Carolina Department of...
Overruling the Presumption Against Relocation in Custody Cases: Analysis of Latimer v. Farmer

Overruling the Presumption Against Relocation in Custody Cases: Analysis of Latimer v. Farmer

Date: Aug 17, 2004
Overruling the Presumption Against Relocation in Custody Cases: Analysis of Latimer v. Farmer Introduction The case of Charlotte Latimer, Stuart Latimer, and Michelle Farmer v. Daniel Farmer (360...
Equal Liability for Aggravation of Pre-existing Condition in Workers' Compensation: Sandra Hargrove v. Perdue Farms, Inc.

Equal Liability for Aggravation of Pre-existing Condition in Workers' Compensation: Sandra Hargrove v. Perdue Farms, Inc.

Date: Jul 13, 2004
Equal Liability for Aggravation of Pre-existing Condition in Workers' Compensation: Sandra Hargrove v. Perdue Farms, Inc. Introduction The case of Sandra Hargrove v. Perdue Farms, Inc., Titan Textile...
PATEL v. PATEL: Clarifying Judicial Recusal Standards and Alimony Determination in Family Law

PATEL v. PATEL: Clarifying Judicial Recusal Standards and Alimony Determination in Family Law

Date: May 25, 2004
PATEL v. PATEL: Clarifying Judicial Recusal Standards and Alimony Determination in Family Law Introduction PATEL v. PATEL (359 S.C. 515) is a seminal case adjudicated by the Supreme Court of South...
Establishing Developer Rights and Anti-Conspiracy Measures in Property Management: Peoples Federal Savings v. NGS and Loan Association of South Carolina

Establishing Developer Rights and Anti-Conspiracy Measures in Property Management: Peoples Federal Savings v. NGS and Loan Association of South Carolina

Date: Apr 27, 2004
Establishing Developer Rights and Anti-Conspiracy Measures in Property Management: Peoples Federal Savings v. NGS and Loan Association of South Carolina Introduction The case of Peoples Federal...
Sheppard v. State of South Carolina: Establishing Standards for Belated Appeals and PCR Considerations

Sheppard v. State of South Carolina: Establishing Standards for Belated Appeals and PCR Considerations

Date: Mar 23, 2004
Sheppard v. State of South Carolina: Establishing Standards for Belated Appeals and PCR Considerations Introduction The case of Joseph R. Sheppard v. State of South Carolina (357 S.C. 646)...
Limits on Defendant's Right to Address Jury in Capital Trials: State v. Moore

Limits on Defendant's Right to Address Jury in Capital Trials: State v. Moore

Date: Mar 2, 2004
Limits on Defendant's Right to Address Jury in Capital Trials: State v. Moore Introduction In The State v. Richard Bernard Moore, 357 S.C. 458 (2004), the Supreme Court of South Carolina addressed...
Enforcement of Personal Guaranty and Lease Termination Upon Material Breach in Commercial Agreements

Enforcement of Personal Guaranty and Lease Termination Upon Material Breach in Commercial Agreements

Date: Feb 3, 2004
Enforcement of Personal Guaranty and Lease Termination Upon Material Breach in Commercial Agreements Introduction Ellie, Inc. v. Ronald R. Miccichi is a pivotal case adjudicated by the Court of...
Affirmation of Municipal Discretion in Sewer Service Expansion: Sunset Cay v. Folly Beach

Affirmation of Municipal Discretion in Sewer Service Expansion: Sunset Cay v. Folly Beach

Date: Jan 28, 2004
Affirmation of Municipal Discretion in Sewer Service Expansion: Sunset Cay, LLC v. The City of Folly Beach Introduction Sunset Cay, LLC v. The City of Folly Beach is a pivotal case adjudicated by the...
Enforceability of Guaranty Agreements: Insights from Regions Bank v. Schmauch

Enforceability of Guaranty Agreements: Insights from Regions Bank v. Schmauch

Date: Jun 10, 2003
Enforceability of Guaranty Agreements: Insights from Regions Bank v. Schmauch Introduction The case of Regions Bank, Respondent, v. Bobbie A. Schmauch, Appellant (354 S.C. 648) adjudicated by the...
Santee Cooper's Leasehold Sale Program Upheld: A New Precedent in Contract Modification and Misrepresentation Claims

Santee Cooper's Leasehold Sale Program Upheld: A New Precedent in Contract Modification and Misrepresentation Claims

Date: May 13, 2003
Santee Cooper's Leasehold Sale Program Upheld: A New Precedent in Contract Modification and Misrepresentation Claims Introduction The case of Dennis Sauner et al. v. Public Service Authority of South...
Adams v. State: Reinforcing Subject Matter Jurisdiction under the Interstate Agreement on Detainers

Adams v. State: Reinforcing Subject Matter Jurisdiction under the Interstate Agreement on Detainers

Date: May 6, 2003
Adams v. State: Reinforcing Subject Matter Jurisdiction under the Interstate Agreement on Detainers Introduction State v. William Adams is a pivotal case adjudicated by the Court of Appeals of South...
Joint Custody in Divorce: Analyzing Scott v. Scott (354 S.C. 118)

Joint Custody in Divorce: Analyzing Scott v. Scott (354 S.C. 118)

Date: Apr 15, 2003
Joint Custody in Divorce: Analyzing Scott v. Scott (354 S.C. 118) Introduction The case of John McPherson Scott v. Deirdre Erwin Scott and Gregory T. Martin, reported in 354 S.C. 118 by the Supreme...
DAWKINS v. FIELDS: Clarifying Summary Judgment Procedures and Affidavit Requirements

DAWKINS v. FIELDS: Clarifying Summary Judgment Procedures and Affidavit Requirements

Date: Apr 8, 2003
DAWKINS v. FIELDS: Clarifying Summary Judgment Procedures and Affidavit Requirements Introduction In the landmark case of DAWKINS v. FIELDS (354 S.C. 58), the Supreme Court of South Carolina tackled...
Access to Adoption Records in the Best Interests of the Child: Doe v. Ward Law Firm Reversed

Access to Adoption Records in the Best Interests of the Child: Doe v. Ward Law Firm Reversed

Date: Apr 8, 2003
Access to Adoption Records in the Best Interests of the Child: Doe v. Ward Law Firm Reversed Introduction In John Doe and Jane Doe v. The Ward Law Firm, P.A., In Re:S. Doe (353 S.C. 509, 2003), the...
Diminished Value Claims Denied: State Farm v. Schulmeyer Sets Precedent in South Carolina Insurance Law

Diminished Value Claims Denied: State Farm v. Schulmeyer Sets Precedent in South Carolina Insurance Law

Date: Mar 25, 2003
Diminished Value Claims Denied: State Farm v. Schulmeyer Sets Precedent in South Carolina Insurance Law Introduction The case of Albert Schulmeyer, on behalf of himself and all others similarly...
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