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Court of Appeals Published Opinions
Week of 05/14/2012
5-16-2012 - Opinions

4972 - Bickerstaff v. Prevost

In this appeal, Charles Bickerstaff and Barbara Magera (Appellants) argue the circuit court erred in finding it lacked jurisdiction to consider Appellants' motion to set the rate of interest. Appellants contend: (1) the rate of interest applicable post-judgment was established in a prior order of the circuit court, and that order is the law of the case; (2) the circuit court erred in declining to consider matters not affected by this court's decision in the initial appellate process; (3) a post-judgment interest rate of 1% per day is punitive and grossly disproportionate to the amount of principal; and (4) the imposition of excessive post-judgment interest violates the Equal Protection Clause of the United States Constitution.
4973 - Byrd v. Livingston
Forrest Byrd (Byrd) appeals from the trial court's order finding an agreement, which stemmed from a land purchase, was enforceable. Byrd argues the court erred in: (1) finding his son was a discretionary party to the agreement; (2) concluding the subsequent conduct of the parties and attorneys established the parties had a meeting of the minds on all terms of the agreement; (3) failing to apply the law of joint contracts to the motion to enforce the agreement; (4) failing to apply the legal principle of condition precedent to his alleged obligation with respect to a final settlement agreement; and (5) ruling the agreement's provision that included his son was severable from the remainder of the agreement.
4974 - State v. Elgin
In this criminal appeal, the Court of Appeals affirms the circuit court's decision to deny the defendant's motion for a mistrial on grounds that a juror's discussion of the case with her mother prejudiced the defendant.
4975 - Greeneagle v. SCDHEC
Appellant Greeneagle, Inc. (Greeneagle) appeals from an order of the Administrative Law Court (ALC) upholding Respondent South Carolina Department of Health and Environmental Control's (DHEC) decision to deny Greeneagle's landfill permit application. On appeal, Greeneagle argues the ALC erred as a matter of law by finding DHEC properly denied its permit application because the proposed landfill was inconsistent with the 2007 York County Solid Waste Management Plan. We affirm.

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