Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. John Benjamin Aplin, of Columbia, for Respondent.

In this criminal case, we are asked whether the probation judge erred in revoking probation solely for failure to pay restitution without first determining on the record that the failure to pay was willful.

Robert L. Buchanan, Jr., of Aiken, for Appellant. Everett A. Kendall, II, of Columbia, for Respondents.

This is a shareholder derivative action involving Timberline Building Systems, Inc., originally instituted by shareholder Straight against shareholders and directors, Michael and Pamela Goss, and several of the Gosses other business entities. The issues raised on appeal are (1) whether respondents violated their duties as Timberline officers and directors by engaging in undisclosed conflict of interest transactions with the corporation and failed to prove the fairness of the transactions; (2) whether the Special Referee could properly offset attorneys fees and special discounts attributed to Straight because there was no claim stated upon which to offset the conflict of interest transactions; (3) whether the defense of unclean hands was appropriately applied to conflict of interest transactions or matters unrelated to the litigation; (4) whether the Special Referee properly applied the common paymaster doctrine where employees are paid by one corporation but work exclusively for another and the ownership of the two corporations is not common; (5) whether corporate directors are liable for misappropriated corporate opportunities where no disclosure is made to disinterested shareholders.

John A. O'Leary, of Columbia, and Frederick Arnold Beacham, Jr., of Lexington, for Appellant. Patrick J. Frawley, of Lexington, for Respondents.

Edwards was attacked by her former boyfriend in magistrate's court and brought a negligence action against Lexington County and its Sheriff's Department alleging they breached their duty to protect her under the Criminal Domestic Violence Act (CDVA). She appeals the trial court's grant of summary judgment finding she did not establish she was owed a duty of care, the CDVA did not create a private right of action, and the CDVA did not apply to her.

Ellen H. Goodwin, of Columbia, for Appellants. Edward L. Graham, of Florence, for Respondent.

In this workers' compensation case, we are asked whether the circuit court erred in concluding it was error for the Workers' Compensation Commission to exclude a doctor's report from evidence at Claimant's change of condition hearing when the report was issued prior to Claimant's initial hearing but excluded from evidence as untimely. Additionally, we are asked whether the circuit court erred in concluding Claimant was entitled to benefits for a psychological condition.

H. Lee Herron, of Florence, for Appellant. William E. Lawson and D. Michael Freeman, II, of Myrtle Beach, for Respondents.

Murphy and Tyndall were involved in an automobile collision. Murphy appeals the trial court's grant of summary judgment in favor of E-Z Credit Auto Sales, Inc. contending there are genuine issues of material fact regarding Tyndall's employment relationship with E-Z Credit at the time of the accident.

Justin S. Kahn, of Charleston, and Mark Lee Simpson, of Charlotte, NC, for Appellant. Samuel W. Outten and James J. Pascoe, of Greenville, for Respondents.

In this appeal from the grant of summary judgment to Respondent Enterprise Rent-A-Car, Jones asserts the circuit court erred in failing to give her a full and fair opportunity to engage in discovery, and in finding a genuine issue of material fact did not exist as to Enterprise's ownership of the vehicle and liability for negligent entrustment.

Kimberly F. Dunham, of Greenville, for Appellant. Robert M. Rosenfeld, of Greenville, for Respondent.

In this divorce action, Husband contends the family court erred in: (1) the equitable distribution of the marital estate; (2) failing to order wife to refinance the marital home in her own name; (3) awarding alimony to Wife in the amount of $2,500 per month; and (4) requiring him to pay Wife’s attorney and private investigator fees.

Darrell Thomas Johnson, Jr., and Warren Paul Johnson, of Hardeeville, for Appellant. G. Michael Smith, of Conway, for Respondent.

In this appeal from a grant of summary judgment, Jackson asserts the circuit court erred in finding: no preexisting damage amounting to a foreseeable event that should have been anticipated by the manufacturer; the failure to identify a cause of the crack was fatal to his claim; and that the opinion of Jackson's expert was merely a bald allegation.

William J. Clifford, of Charleston, for Appellant. Susan Trout Kinard, of Mt. Pleasant, for Respondent.

In this domestic action, Walter Fiddie (Husband) appeals the family court's refusal to terminate alimony and its order increasing alimony to Dianna Fiddie (Wife). Husband argues the family court misapplied certain equitable maxims. Additionally, Husband argues the family court erred in awarding attorneys' fees and costs to Wife and failing to award attorneys' fees and costs to him. Finally, Husband argues the family court erred in finding Wife a credible witness and in finding the errors he made in his financial declarations were more than "simple errors."

J. Michael Taylor, of Columbia, for Appellant. J. Mark Taylor, of West Columbia, and Katherine Goode, of West Columbia, for Respondent.

In this domestic matter, Wife asserts the family court erred in (1) denying her request for alimony, (2) failing to hold Husband in contempt, (3) valuing and apportioning the marital property, and (4) denying her request for attorney's fees.

Glenn Walters, Sr. and R. Bentz Kirby, of Orangeburg, for Appellant. Capers G. Barr, III, of Charleston, for Respondent.

Ronnie F. Judy appeals the circuit court's dismissal of his motion to dismiss and his motion to amend his answer, arguing the circuit court erred in declining to dismiss the suit against him on the basis of laches, collateral estoppel, or res judicata, and in declining to permit him to amend his answer to include a defense of waiver.

Appellate Defender M. Celia Robinson, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Deputy Attorney General Christina J. Catoe, of Office of the Attorney General, of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent.

Stacy Walter Howard appeals his conviction for assault and battery of a high and aggravated nature. Howard argues the trial court erred in 1) failing to grant his motion for a mistrial; 2) refusing to recuse himself, interfering with presentation of defense's case, wrongfully removing relevant testimony, and wrongly admonishing Howard in the jury's presence; 3) allowing in irrelevant evidence; 4) admitting Howard's prior convictions into evidence; and 5) revoking Howard's probation without a warrant.

H. Stanley Feldman, of Charleston, for Appellant-Respondent. Paul Daniel Schwartz, of Charleston, for Respondent-Appellant.

In this family court case, we determine whether the trial court erred in (1) reducing Husband's alimony obligation and (2) failing to award attorneys fees and costs to Husband.

Stephen L. Brown, William L. Howard, and Russell G. Hines, of Charleston, for Appellants Donald Hannah and Jane Hannah. Alysoun M. Eversole, of Beaufort, for Appellants Donald Hannah and Jane Hannah. Louis O. Dore, of Beaufort, for Respondent Eliza Frazier and Dorothy Brailford. Colden Battey, of Beaufort, pro se. Robert V. Mathison, of Hilton Head Island, for Respondent Matthew McAlhaney.

In this civil case, we must determine whether the trial court erred in concluding that Eliza Frazier and Dorothy Anderson Brailford own a fee simple in certain property located in Beaufort County and that they possess an easement in certain property located in the same county.

Dwight Christopher Moore, of Sumter, for Appellant. Cheryl Turner Hopkins, of Florence, for Respondent.

In this divorce action, Husband argues the family court erred in awarding Wife alimony and attorney's fees because it failed to consider the applicable factors. Husband further contends the family court erred in its division of marital property by assigning no value to two vehicles, despite Wife's testimony those vehicles were worth a total of $24,000.

Appellate Defender Eleanor Duffy Cleary, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Respondent.

Russell appeals his conviction for criminal sexual conduct with a minor arguing the trial court erred in admitting a videotaped interview of Victim under S.C. Code Ann. § 17-23-175. Russell contends the admission of the evidence violates his Sixth Amendment right to confrontation and improperly bolstered Victim's testimony. Russell further maintains the videotape was more prejudicial than probative in violation of Rule 403 of the South Carolina Rules of Evidence.

Weston Adams, III, Helen F. Hiser, and Clary Edward Rawl, Jr., of Columbia, for Appellants Piedmont Automotive and AmComp Assurance Corp. Louise Elaine Mozingo, of Camden, for Appellants Piedmont Chrysler Plymouth and S.C. Auto Dealers. William N. Epps, Jr. and Samantha P. Nelson for Respondent.

Piedmont Automotive and Piedmont Chrysler Plymouth, Employers and AmComp and S.C. Automobile Dealers Association, Carriers appeal the order of the circuit court reversing the Workers Compensation Commission’s decision denying Roger Dale Watt’s claim for benefits. The Appellants assert the circuit court erred in ruling Watt had suffered an injury by accident arising out of and in the course of his employment; in overruling the Commission’s factual determination that Watt failed to provide adequate notice; and in overruling the Commission’s factual determination that no employer/employee relationship existed at the time of Watt’s injury.

C. Rauch Wise, of Greenwood, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, of Office of the Attorney General, of Columbia, and Solicitor Jerry W. Peace, of Greenwood, for Respondent.

In this criminal matter, Corley appeals his conviction for possession of crack cocaine. He contends the trial court erred in denying his motion to suppress the evidence seized following a traffic stop because (1) the in-custody interrogation was conducted by the investigating officer without advising Corley of his Miranda rights, (2) the officer detained Corley longer than was necessary to write a ticket for the traffic violation and used that time to elicit an incriminating statement, and (3) the traffic stop was pretextual and the arresting officer did not have a sufficient factual basis to stop Corley for alleged drug activity.

Bert G.Utsey, III, of Walterboro, and George David Jebaily, of Florence, for Appellants-Respondents. Kirby D. Shealy, III, and Bradley L. Lanford, of Columbia, for Respondents-Appellants.

On appeal from this tort action, the Fairchilds argue the trial court erred in 1) directing a verdict on Marilee Fairchild's claim for punitive damages; 2) refusing to instruct the jury on certain charges; and 3) denying Marilee Fairchild's motion for a new trial. SCDOT, Palmer, and Palmer Construction cross-appeal and maintain the trial court erred in 1) failing to grant Palmer's motion for an independent medical examination of Marilee Fairchild and 2) granting Marilee Fairchild's motion for directed verdict as to the affirmative defense of comparative negligence.

Chief Attorney Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Julie M. Thames, of Office of the Attorney General, of Columbia, and Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent.

In this criminal case, the appellant contends the trial court erred in refusing to charge the jury on the lesser-included offense of assault and battery of a high and aggravated nature.

Lake Eric Summers, of Columbia, for Appellant. Ashley Caroline Biggers, of Columbia, for Respondent.

In this administrative appeal concerning the suspension of an EMT paramedic's certification, Platt asserts the ALC erred in (1) relying upon DHEC's investigation in making its factual findings, (2) denying certain proffered and expert medical testimony, and (3) shifting the burden of proof.

Robert L. Widener, of Columbia, for Appellant. John O. McDougall and Peter G. Currence, of Columbia, for Appellant. Victoria L. Eslinger, of Columbia, for Respondent. Regina Hollins Lewis, of Columbia, for Respondent.

In this domestic action, William M. Butler appeals from an order of the family court reducing monthly alimony to Lynn M. Butler.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, of Office of the Attorney General, of Columbia, for Appellant. Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. Kevin Scott Brackett, of York, for Respondent.

Eric Spratt was tried and convicted of trafficking crack cocaine and possession of marijuana. He was sentenced to thirty years' imprisonment and a $50,000 fine for trafficking crack cocaine, and one year, concurrent, for possession of marijuana. Spratt moved for reconsideration of the sentence, arguing the trial court erred in using a 1998 possession of cocaine conviction as a basis for sentence enhancement because the conviction was the result of an uncounseled guilty plea. The trial court granted Spratt's motion and reduced his sentence to ten years' imprisonment and a $50,000 fine. The State appeals.

L. Gray Geddie, Jr., Phillip S. Kilgore, John C. Glancy, of Greenville; Charles E. Carpenter, Jr. and Carmen V. Ganjehsani, of Columbia, for Appellant-Respondent. William S. Brown and Giles M. Schanen, Jr., of Greenville, and Charles Mitchell Brown, of Columbia, for Respondent-Appellant.

In this cross-appeal, Milliken & Company appeals from the circuit court's order, arguing the court erred in refusing to grant equitable relief to Milliken because the jury found Doctor Brian Morin breached the covenants in his agreement that governs the ownership of Milliken's technology. In his appeal, Morin argues (1) the confidentiality provision of the agreement is unenforceable; (2) the invention assignment provision of the agreement is unenforceable; and (3) if either provision is found to be unenforceable, the entire agreement is unenforceable.

Curtis W. Dowling and J. Todd Kincannon, of Columbia, for Appellant-Respondent. John E. Parker, of Hampton, for Respondents-Appellants.

This is a cross-appeal of an award for intentional interference with contractual relations. Thomas Finn, the defendant in the underlying action, alleges the special referee erred in awarding judgment to James Hale, the plaintiff, because (1) the claim for intentional interference with contractual relations was directed exclusively at a representation contract rather than a quantum meruit right; (2) Hale never alleged Finn procured any breach of contract; (3) intentional interference with a quantum meruit recovery is not a legally cognizable action in South Carolina; (4) the referee's finding that Finn believed a third party would provide funds claimed by Hale precluded a finding that Finn interfered with Hale's right to receive the funds; and (5) the award of punitive damages was improper. In his cross-appeal, Hale argues the trial court erred in calculating his damages based on quantum meruit rather than partnership law.

Thomas F. McDow and Erin U. Fitzpatrick, of Rock Hill, for Appellant. Harry T. Heizer, Jr., of Irmo, and Sandra D. Hebert, of Lexington, for Respondent.

In this appeal, the husband argues the family court erred in denying his motion for a continuance, in excluding portions of his deposition during the final hearing, and in allowing the wife to introduce evidence of her attorney’s fees after refusing to respond to the husband’s discovery requests. Additionally, the husband contends the family court erred in awarding permanent periodic alimony to the wife, in finding his home was transmuted into marital property, and in dividing the marital estate on a 50/50 basis.

Deputy Chief Appellate Defender for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, and Assistant Appellate Defender LaNelle DuRant for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Melody J. Brown, of Office of the Attorney General, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent.

Christopher Sam Commander appeals his murder conviction. He argues that the trial court erred in allowing a forensic pathologist to testify as to his belief upon initial examination of the decedent that her death was a homicide based on "suspicious" circumstances unrelated to his field of expertise. Commander also argues that the trial court err in failing to instruct the jury on the defense of "accident" after a jailhouse snitch had testified that Commander told him that the decedent’s death was an accident.

Glenn Walters, Sr., and R. Bentz Kirby, of Orangeburg, for Appellant. William T. Toal, of Columbia, for Respondents.

The Santoros filed this action against Schulthess seeking damages and injunctive relief for the flooding of their property and damages for intentional interference with a prospective economic advantage. Schulthess appeals from the order of the Master-in-Equity awarding damages to the Santoros and ordering Schulthess to lower the pond level on his property and to remove a mobile home from his property. Schulthess argues that the Master’s findings and conclusions were not supported by the evidence. He also argues that the Master erred in concluding that Schulthess’ property was subject to subdivision restrictions.

J. M. Long, Jr., of Conway, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Deborah R.J. Shupe, of Office of the Attorney General, of Columbia, and Solicitor Edgar Lewis Clements, III, of Florence, for Respondent.

In this appeal from Marion County, the appellant appeals his conviction on trafficking in cocaine (100-200 grams) and trafficking in crack cocaine (28-100 grams). Appellant avers the trial court committed error by; (1) allowing evidence regarding prior events, and events simultaneous to his arrest; (2) denying appellant's motions for directed verdict, motion for a new trial and other post trial motions; and (3) by sentencing the appellant to consecutive sentences for drug violations that occurred simultaneously, and later denying a motion to reconsider the sentence.