Smoky Mountain Secrets, Inc. v. South Carolina Employment Security Commission

Supreme Court of South Carolina

Smoky Mountain Secrets, Inc. v. South Carolina Employment Security Commission

468 S.E.2d 429, 318 S.C. 456, 1995 S.C. LEXIS 82

CourtSupreme Court of South Carolina

DecidedJune 12, 1995

Docket24252

StatusPublished

Cited by1 cases

This text of 468 S.E.2d 429 (Smoky Mountain Secrets, Inc. v. South Carolina Employment Security Commission) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smoky Mountain Secrets, Inc. v. South Carolina Employment Security Commission, 468 S.E.2d 429, 318 S.C. 456, 1995 S.C. LEXIS 82 (S.C. 1995).

Pincite

Opinion

Per Curiam:

We reverse pursuant to Rule 220, SCACR.

Appellate scope of review in this action is limited to determining the existence or not of substantial evidence supporting the factual findings of Petitioner. Kilgore Group Inc. v. South Carolina Employment Security Commission, 313 S.C. 65, 437 S.E. (2d) 48 (1993).

Here, the record contains substantial evidence supporting the finding that Respondent had the right and authority to control and direct persons delivering its products, thus qualifying them as employees rather than independent contractors. Since Petitioner’s finding was not clearly erroneous, we hold Court of Appeals exceeded its scope of review.

Accordingly, the portion of the Court of Appeal’s Opinion holding that Respondent’s delivery persons are independent contractors are reversed.

Reversed.

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