The Court affirms the Public Service Commission’s refusal to grant a utility a "reparations surcharge" and holds a utility may only collect higher rates during an appeal if it follows the procedures set forth in section 58-5-240(D) of the South Carolina Code (2015).
The Kitchen Planners, LLC, filed a petition for a writ of certiorari asking this Court to review the court of appeals’ decision in Kitchen Planners, LLC v. Friedman, 432 S.C. 267, 851 S.E.2d 724 (Ct. App. 2020). In that decision, the court of appeals affirmed the circuit court’s order granting summary judgment to the Friedmans and dissolving Kitchen Planners’ mechanic’s lien. We granted Kitchen Planners’ petition in part and now affirm as modified. As we will explain, the court of appeals incorrectly applied the wrong standard of decision for a motion for summary judgment when the motion is based on insufficiency of the evidence. Reviewing the circuit court’s order using the correct standard of decision, however, we nevertheless find the court of appeals reached the correct result in affirming the summary judgment.
8-9-2023 – Opinions
This Court granted a writ of certiorari to review the court of appeals’ decision in Deutsche Bank National Trust Co. v. Estate of Houck, 434 S.C. 500, 863 S.E.2d 829 (Ct. App. 2021), holding that Respondent’s foreclosure claim was a permissive counterclaim and, therefore, was not barred by the doctrine of res judicata. We prospectively abolish the logical relationship test, affirm the court of appeals in result, and remand to the master-in-equity for further proceedings.
Pursuant to Rule 244, SCACR, the United States District Court for the District of South Carolina certified the following question to this Court: Does the South Carolina Sex Offender Registry Act (SORA) permit the publication of nonresident offenders–i.e., individuals with qualifying sexual offenses who do not live in South Carolina–on the state’s public sex offender registry? We hold SORA and SLED regulations require us to answer this question "yes."
Posted by: Byron King on 11/07/23 (This information is only accurate as of 11/07/23. You must contact SCR for updates and changes to this information after 11/07/23 as laws and regulations may change over time. SCR 803-772-5206 or email info at screaltors.org or email byron at screaltors.org)
This information is not legal advice. This information is intended only to provide general information and may not be relied upon as specific legal guidance. Legal counsel should always be consulted before acting in reliance on this information.