South Carolina Supreme Court Opinions

125px-SCSupreme_CourtSealThe South Carolina Supreme Court published three opinions, on Wednesday, Wachesaw Plantation v. Alexander, Freeman v. J.L.H. Investments and Stephens v. CSX Transportation.

In Wachesaw Plantation v. Alexander, the Court reversed and remanded the appellate court’s decision to be considered on the merits because the issuance of a deed does not moot the appeal of a foreclosure sale.

Accordingly, the Court found that the appellate court erred in declaring the case moot because a deed was issued after the sale of the property.

Justice Pleicones concurred in a separate opinion.

Freeman v. J.L.H. Investments was a class action lawsuit brought under the South Carolina Dealers Act. The Court affirmed the trial court’s decision in favor of  the car buyers against a motor vehicle dealer. Freeman and similarly situated car buyers filed a law suit under the Act on the ground that Hendrick unfairly and arbitrarily charged all of its customers closing fees that were not calculated to reimburse Hendrick for actual closing costs.

Justice Kittredge dissenting in a separate opinion in which acting Justice Moore concurred here.

Stephens v. CSX Transportaion was a negligence action arising out of a collision between a train and an automoible. The Court affirmed in part, reversed in part, and remanded the Court of Appeals’ decision.

The Court affirmed the rulings regarding the denial of Petitioner’s JNOV motion and the jury charge issues. The Court held that the appellate court erred in restricting its analysis to those jury charges related to the breach of CSX’s and SCDOT’s duty of reasonable care. The Court reversed and remanded for anew trial because portions of the judge’s charge were erroneous and prejudiced the Petitioner.

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1 Response to South Carolina Supreme Court Opinions

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