This challenge to the rezoning of property in Charleston County, South Carolina, is foreclosed by Appellant's lack of standing... South Carolina Electric and Gas Company (SCE&G) owns a seven-acre tract of land on Edisto Island in Charleston County. SCANA Communications, Inc. (SCI) and SCE&G are affiliated corporations. SCI is in the business of constructing communications towers (cell-phone towers) to lease to wireless telecommunications companies. SCE&G leased a portion of its Edisto Island...  

Samantha Gauld (Gauld) appeals the summary judgment granted in favor of Respondents on her claims for breach of contract, breach of contract with a fraudulent act, breach of fiduciary duty, negligence, negligent misrepresentation, and violation of the South Carolina Unfair Trade Practices Act. We affirm.1... FACTUAL/PROCEDURAL BACKGROUND... In this case arising from Samantha Gauld's purchase of 102 Lucretia Lane in Summerville, she alleged breach of contract, breach of contract accompanied by a...  

Donna Brailsford (Donna), in her individual and representative capacities, appeals the trial court's Order Granting Summary Judgment and Dismissing Causes of Action, arguing (1) her cause of action on behalf of the estate of William M. Brailsford (William) for fraud survived William's death; and (2) in the alternative, the trial judge lacked authority to issue the Order after engaging in allegedly inappropriate ex parte communication with opposing counsel. Donna also appeals the denial of her...  

Jones appeals his conviction of assaulting a correctional employee and sentence of three years. Jones argues the trial court erred by failing to give the jury charge of the defense of accident. After a thorough review of the record and counsel's brief pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss Jones's appeal and grant counsel's motion to be relieved.1... APPEAL DISMISSED... ANDERSON, HUFF, and THOMAS, JJ.,...  

Ricky H. Pitts appeals his commitment to the South Carolina Department of Mental Health as a sexually violent predator. Pitts argues the trial court erred by overruling his objection to the solicitor's comments during closing argument and by failing to issue a curative instruction to the jury. We affirm1 pursuant to Rule 220(b)(1), SCACR, and the following authorities: State v. Navy, 370 S.C. 398, 412, 635 S.E.2d 549, 556 (Ct. App. 2006) (holding the trial court is given broad discretion in...  

Jerry F. Powell appeals his commitment under the South Carolina Sexually Violent Predator Act (the Act). Powell argues the trial court erred in denying his motion to dismiss because the State failed to follow procedure in the Act. We affirm1 pursuant to Rule 220(b), SCACR, and the following authorities: S.C. Code § 44-48-80(A) (Supp. 2007) ("If the court determines that probable cause exists to believe that the person is a sexually violent predator, the person must be taken into...  

Alphonso Scott appeals the trial court's dismissal of his request for injunctive relief for failure to state a claim pursuant to Rule 12(b)(6), SCRCP, and other issues relating to the dismissal. We affirm1 pursuant to Rule 220(b), SCACR, and the following authorities: Spence v. Spence, 368 S.C. 106, 116, 628 S.E.2d 869, 874 (2006) (stating in deciding whether the trial court properly granted the motion to dismiss, the appellate court must consider whether the complaint, viewed in the light most...  

Gresham Communications, Inc. (Gresham) appeals the special referee's appointment of a receiver to facilitate the assignment of Gresham's Federal Communications Commission (FCC) license. On appeal, Gresham contends the appointment of a receiver violates an FCC prohibition on a judicial sale and the appointment of a receiver contravenes FCC standards. We affirm1 pursuant to Rule 220(b), SCACR, and the following authorities: Lucas v. Rawl Family Ltd. P'ship, 359 S.C. 505, 511, 598 S.E.2d 712, 715...  

Lawrence Reyes Waller appeals his armed robbery and conspiracy convictions. He argues the trial court erred in admitting the written statement of Jarvis Clement pursuant to Rule 801(d)(1)(B), SCRE. We affirm1 pursuant to Rule 220(b), SCACR, and the following authority: State v. Nelson, Op. No. 4423 (Ct. App. filed July 8, 2008) (Shearouse Adv. Sh. No. 29 at 91)2 (setting forth four elements that must be satisfied before a prior consistent statement can be admitted into evidence pursuant to Rule...  

Teresa Hampton brought this workers' compensation case seeking benefits for an injury resulting from a fall at work. The Appellate Panel of the Workers' Compensation Commission (Appellate Panel) denied compensation. The circuit court reversed. Hampton's employer, Hunt Assisted Living d/b/a Greenville Place Assisted Living (Hunt), and Hunt's carrier, Key Risk Insurance Company (collectively Appellants), appeal. We reverse... FACTS / PROCEDURAL HISTORY... Hampton began working for Hunt in June...  

Wayne S. Tippett was convicted of armed robbery in 1972 and sentenced to twenty-five years' imprisonment with hard labor. Tippett escaped in 1972 and again in 1976, returning to custody in South Carolina in 2002. Tippett appeals the Administrative Law Court's denial of his grievance contesting a disciplinary conviction of "escape" following his 1976 escape and its dismissal of his grievances contesting the loss of twenty days of good time following the 1972 escape, the denial of...  

Frady appeals his convictions for grand larceny, first-degree burglary, arson, possession of a weapon during the commission of a violent crime, and two counts of murder, arguing the trial court erred by precluding Frady from introducing evidence of third party guilt. After a thorough review of the record and counsel's brief pursuant to Anders v. California, 386 U.S. 738 (1967) and State v. Williams, 305 S.C. 116, 406 S.E.2d 357 (1991), we dismiss1 Frady's appeal and grant counsel's motion to be...  

Alieo C. Garga-Richardson appeals the circuit court's dismissal of his appeal from the municipal court. We affirm1 pursuant to Rule 220(b)(1), SCACR, and the following authorities: S.C. Code Ann. § 14-25-95 (Supp. 2007) (requiring an appellant to set forth the grounds for appeal in his notice of appeal from the municipal court); S.C. Code Ann. § 14-25-105 (Supp. 2007) (providing the circuit court does not conduct a de novo review in criminal appeals from municipal court); City of Rock...  

Corey A. Williams was found guilty of armed robbery, kidnapping, and possession of a firearm during the commission of a violent crime. Williams was sentenced to thirty, thirty, and five years, concurrent terms of imprisonment. Williams argues the trial court erred by improperly considering Williams' decision to go to trial during sentencing. After a thorough review of the record and counsel's brief pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Williams, 305 S.C. 116, 406...  

James Grindle appeals his conviction for first degree criminal sexual conduct with a minor, arguing the trial court erred in determining an eight-year-old was competent to testify at trial about alleged sexual abuse that occurred when the child was four. We affirm1 pursuant to Rule 220(b), SCACR, and the following authorities: State v. Green, 267 S.C. 599, 603, 230 S.E.2d 618, 619 (1976) (stating the question of the competency of witnesses is to be determined by the trial court and will not be...  

J. Scott Kunst appeals the trial court's dismissal of his cause of action pursuant to Rule 12(b)(6), SCRCP. We affirm1 pursuant to Rule 220(b), SCACR, and the following authorities: In re Care & Treatment of McCracken, 346 S.C. 87, 92, 551 S.E.2d 235, 238 (2001) (stating an issue is deemed abandoned and will not be considered on appeal if the argument is raised in a brief but not supported by authority); Staubes v. City of Folly Beach, 339 S.C. 406, 412, 529 S.E.2d 543, 546 (2000) (explaining...  

The Office of Disciplinary Counsel (ODC) and respondent have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RLDE, Rule 413, SCACR, in which respondent admits misconduct and agrees to either an admonition or a public reprimand. In addition, respondent agrees to pay the costs associated with the prosecution of this matter. We accept the agreement and issue a public reprimand. Within thirty (30) days of the date of this opinion, respondent shall pay costs of $535.98 to...  

The Office of Disciplinary Counsel (ODC) and respondent have entered into an Agreement for Discipline by Consent pursuant to Rule 21, RLDE, Rule 413, SCACR, in which respondent admits misconduct and agrees to either an admonition or a public reprimand. We accept the agreement and issue a public reprimand. The facts, as set forth in the agreement, are as follows... FACTS... On April 4, 2008, respondent was served with four arrest warrants charging him with unlawful gaming and betting on four...  

This is a direct appeal from a family court order of protection issued June 7, 2006. We reverse... FACTS... Appellant, Matthew Saski, was a patrolman with the Clemson University Police Department. Respondent, Julie Garcia was his girlfriend for some period of time, and they had planned to get married. They lived together for four weeks in April 2006... According to Garcia, on April 29, 2006, after Saski got home from work, they drank some wine, and Garcia went to bed early. When Saski came into...  

In this post-conviction relief (PCR) matter, petitioner seeks a writ of certiorari to review the PCR judge's order dismissing his PCR application and finding he is entitled to a belated review of his direct appeal issues... The petition is denied as to petitioner's Question II. However, because there is sufficient evidence to support the PCR judge's ruling that petitioner did not knowingly and intelligently waive his right to a direct appeal, we grant the petition for a writ of certiorari as to...