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Supreme Court Seal
South Carolina
Judicial Department
Court of Appeals Published Opinions - June 2020

Note: Beginning in June 2012, opinions will be posted as Adobe PDFs. You can download a free copy of Adobe Reader here.

The summary following each opinion is prepared to offer lawyers and the public a general overview of what a particular opinion decides. The summary is not necessarily a full description of the issues discussed in an opinion.


6-10-2020 - Opinions

5729 - State v. Tallent

This case arises out of allegations that the defendant, Dwayne C. Tallent, sexually abused his minor stepdaughter for several years, that he exposed her to illegal drugs and alcohol, and that he gave her brothers illegal drugs and alcohol when they moved into the house. He was charged with first and second degree criminal sexual conduct with a minor, (CSC 1st and 2nd); lewd act upon a child; and contributing to the delinquency of a minor. A jury convicted him of the charges, and the trial court sentenced him to concurrent sentences for a total of thirty years' imprisonment. Tallent argues the trial court erred in denying his motion to sever the contributing to the delinquency of a minor charge from the other charges and in admitting evidence of his manufacture, sale, and use of cocaine, crack cocaine, and methamphetamine. He claims some of the drug-related evidence violated Rule 403, SCRE. We affirm.

5730 - Damico v. Lennar Carolinas, LLC

This is an appeal from an order denying a motion to compel arbitration of a sprawling dispute over the construction of numerous homes in a development. We reverse, holding the circuit court erred by not severing the arbitration provision in the parties sales contract from warranty and arbitration provisions found in other documents related to the transaction.

5731 - Jericho State v. Chicago Title Insurance

We are presented with the question of whether a reservation of a right of way on an official county map as authorized by section 6-7-1220 of the South Carolina Code (2004), and a county ordinance constitutes a defect in or encumbrance on the title to the affected land or renders its title unmarketable so as to come within the coverage of two title insurance policies. Based on the specific circumstances of this case, we hold it does. We further conclude none of the policies' coverage exclusions apply. We therefore reverse the order of the special referee granting Chicago Title Insurance Company (Chicago Title) summary judgment as to Jericho State Capital Corporation of Florida's (Jericho's) and Lynx Jericho Partners, LLC's (Lynx Jericho's) (collectively Appellants) claims for breach of contract and breach of the covenant of good faith and fair dealing. We affirm, however, the order granting summary judgment to Chicago Title on Appellants' bad faith claim.

6-17-2020 - Opinions

5732 - Richardson v. White

In this appeal from a forfeiture order, we find the trial court abused its discretion by failing to delay the trial and weigh the required factors in response to Appellant's motion for imposition of discovery sanctions. We reverse the forfeiture order and remand for a new trial after an opportunity for adequate discovery.