• Holmes v. National Service Industries, Inc.

  Supreme Court of South Carolina · 2011-10-24 · cited 15×

  This case involved a workers' compensation claim by Carolyn Holmes against her former employer National Service Industries, alleging that workplace exposure to heat, dust, lint, and chemical fumes caused or worsened her sarcoidosis and respiratory issues. Holmes filed her claim in 2005, more than a decade after her initial symptoms in 1992 and diagnosis in 1995, asserting that she only discovered the connection to her employment at that time under the discovery rule. The South Carolina Supreme Court affirmed the Court of Appeals' decision upholding the full commission's ruling that the claim was barred by the two-year statute of limitations under S.C. Code Ann. § 42-15-40. The court held that substantial evidence supported the finding that Holmes knew or should have known through reasonable diligence that her condition was work-related well before 2005, based on her symptoms improving away from work and the nature of her exposure. The decision applied the discovery rule to occupational disease claims while emphasizing that the commission's factual determinations are reviewed for substantial evidence.

  labor & employmentprocedure

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• McConnell v. Haley

  Supreme Court of South Carolina · 2011-06-06 · cited 3×

  In McConnell v. Haley, the President Pro Tempore of the South Carolina Senate petitioned the state Supreme Court to declare the Governor's executive order calling an extra session of the General Assembly unconstitutional under the separation of powers clause. The court granted original jurisdiction and permanently stayed the order, which sought to convene the session on June 7, 2011, while the legislature remained in its regular annual session following a sine die resolution that set a recess until June 14. The majority held that the state constitution empowers the Governor to convene only an "extra" session on extraordinary occasions, and because the General Assembly had not yet adjourned sine die, the order improperly interrupted the legislature's authority to control its own calendar and agenda.

  procedure

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• Robinson v. Estate of Harris

  Supreme Court of South Carolina · 2011-01-24 · cited 9×

  This case involves a dispute over ownership of a ten-acre tract of land on James Island, South Carolina, stemming from the estate of Simeon B. Pinckney who died in the early 1920s. Respondents sought to quiet title, claiming an invalid 1946 conveyance to Ellis Pinckney, but the circuit court granted summary judgment to Petitioners based on the statute of limitations. The court of appeals reversed, but the Supreme Court reinstated the summary judgment, reasoning that the estates of Ellis Pinckney and Isadora Pinckney were properly probated with published notices, and no timely claims were filed by the respondents within the applicable limitations period.

  propertyprocedure

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• Blanding v. LONG BEACH MORTGAGE COMPANY

  Supreme Court of South Carolina · 2010-12-02 · cited 1×

  The case concerned a mortgage dispute between Blanding and Long Beach Mortgage Company that had been decided by the South Carolina Court of Appeals. The South Carolina Supreme Court had granted a writ of certiorari to review that decision. After the parties settled, the petitioner requested dismissal of the matter. The Supreme Court granted the request, dismissed the case, vacated the Court of Appeals opinion, and ordered the remittitur to issue under Rule 221, SCACR.

  propertyprocedure

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• Bage, LLC. v. Southeastern Roofing Co. of Spartanburg, Inc.

  Supreme Court of South Carolina · 2009-07-23 · cited 2×

  This case involved a dispute between Bage, LLC and Southeastern Roofing Co. of Spartanburg, Inc. that had been reviewed by the South Carolina Court of Appeals. The South Carolina Supreme Court granted certiorari to consider the matter but, prior to issuing an opinion, the parties settled through mediation and filed an Agreement of Dismissal. The Supreme Court accepted the agreement, dismissed the case, and vacated the Court of Appeals opinion. The Court also noted and reiterated the vacatur of an earlier Court of Appeals decision in Pilgrim v. Miller whose vacatur order had not been published.

  procedurebusiness & regulatory

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