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The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Monday, January 9, 2006 | |
Courtroom I
(Court convenes at 2:00
p.m.)
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
13969 Sheila M. Costenbader, Appellant v. Glenn Alan Costenbader, Respondent. Stephen C. Hucks, of Columbia, for Appellant. John S. Nichols, of Columbia, for Respondent. In this domestic relations case, the Appellant posits the following issues: (1) did the family court err in refusing to award the Wife alimony based on the Husband's admission that he had committed adultery and had a history of alcohol abuse; (2) did the family court err in equitably apportioning the marital property; (3) did the family court err in denying Wife a divorce on the ground of the Husband's adultery and habitual drunkenness; (4) did the family court err in refusing to award Wife the entirety of her attorney's fees: (5) did the family court err in holding Wife in contempt for failing to surrender personal property and failing to execute deeds; and (6) did the family court err in granting Husband relief pursuant to Husband's motion for reconsideration under Rule 59, SCRCP.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
13993 Sabrina McComas, Appellant v. Chris Ross, Respondent. Jarrel L. Wigger, of North Charleston, for Appellant. Margaret M. Urbanic and Michael B. McCall, of Charleston, for Respondent. In this personal injury action, Appellant appeals the dismissal of her case for lack of prosecution based on her contention that the sanction of dismissal is too harsh under the facts and circumstances.
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Tuesday, January 10, 2006 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
14006 The State, Respondent v. William R. Douglas, Appellant. Assistant Appellate Defender Robert M. Dudek, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General David A. Spencer, of Columbia, and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent. In this criminal case, Appellant was indicted for the offenses of criminal sexual conduct with a minor in the first degree and committing a lewd act upon a minor. The jury was unable to reach a verdict on the charge of criminal sexual conduct with a minor; however, the Appellant was found guilty of committing a lewd act upon a minor. On appeal, Appellant present two issues: (1) whether the circuit judge erred by qualifying a police officer in the field of "forensic interviewing"; and (2) whether the circuit judge erred in refusing to allow testimony that the alleged child victim had lied in the past.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
13990 H. William Chandler d/b/a GME Engineering, Respondent v. S&T Enterprises of Anderson, Inc.; SNT Enterprises of Anderson, Inc.,a/k/a S&T Enterprises of Anderson, Inc.; William S. Shepard, Harshad Raja, and Beverly Bell d/b/a The Summit of Anderson; Carolina First Bank; Leasecomm Corporation; and JHM Greenville, Inc.; Defendants, of whom S&T Enterprises of Anderson, Inc.; SNT Enterprises of Anderson, Inc.,a/k/a S&T Enterprises of Anderson, Inc.; William S. Shepard, Harshad Raja, and Beverly Bell d/b/a The Summit of Anderson are the Appellants. Harold P. Threlkeld, of Anderson, for Appellants. Mark Stan Meglic, of Greenville, and Stephanie Holmes Burton, of Spartanburg, for Respondent. H. William Chandler, d/b/a GME Engineering, brought this action against S&T Enterprises of Anderson, Inc., et al. after a dispute arose regarding the parties' contractual agreement for GME's professional consulting services. GME asserted claims for (1) foreclosure of a mechanic's lien, (2) breach of contract, and (3) unjust enrichment/quantum meruit. The trial court granted a directed verdict in favor of GME on its claim for foreclosure of a mechanic's lien and awarded GME a directed verdict as to counterclaims filed against it. S&T Enterprises et al. appeals.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
13961 The South Carolina Municipal Insurance and Risk Fund, Appellant v. The City of Myrtle Beach and James E. Daniels, individually and as class representative, Respondents. J.R. Murphy, Adam J. Neil, and Tony Catone, of Columbia, for Appellant. Gene McCain Connell, Jr., of Surfside Beach, and Charles Bernhart Jordan, of Myrtle Beach, for Respondents. This is an appeal of a decision on a declaratory judgment action brought by the South Carolina Municipal Insurance and Risk Fund to determine whether the South Carolina Municipal Insurance and Risk Financing Agreement provided coverage to the City of Myrtle Beach for refunds the City was ordered to make of money unlawfully collected by the City pursuant to a municipal ordinance requiring owners of rental or leased properties to pay outstanding water charges not covered by their tenants' deposits. The trial court determined the agreement provided coverage, holding (1) restitutionary refunds qualified as "damages" under the insuring agreement; (2) the wrongful collection of money constituted "property damage"; (3) the City's action pursuant to its ordinance was an unintended "occurrence" and (4) the takings exclusion did not operate to preclude coverage.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
14007 The State, Respondent v. Kaye Blackwell, Appellant. Acting Chief Attorney Joseph L. Savitz, III, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Norman Mark Rapoport, of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent. Kaye Blackwell appeals her conviction for possession of methamphetamine. Blackwell contends the trial court erred in allowing the primary arresting officer to testify Blackwell refused to help the police officer arrest other drug users or dealers. Blackwell argues the testimony was irrelevant and unfairly prejudicial.
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2:45 p.m. | (Time Limits: 10-10-5 ) |
13963 Louise Trask and James E. Garrison, III, M.D., as Co-Personal Representatives of the Estate of Louise Canada McKinney, Deceased, and Co-Trustees of the Virginia T. Howell Revocable Trust, Respondents v. Jiffy McIntosh, Judy Darrough, Jerry McKinney, American Skandia Life Assurance Company, Coastal Investor Services, Inc., Michael Hill, and Lorena Queen, Of whom Michael Hill is the Appellant. Richard C. Burke, of Charleston, for Appellant. Thomas A. Holloway, of Beaufort, for Respondents. Michael Hill appeals from an order denying a motion to compel arbitration, arguing the trial court erred in failing to compel arbitration under the Federal Arbitration Act because there was a binding contract evidencing an intent to arbitrate any disputes arising under the contract.
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Wednesday, January 11, 2006 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
13731 John Thomas Meehan, Jr., Appellant v. Jerry Andrew Meehan, individually and as member of Lebanon Road, LLC; Robert N. Newton, individually and as member of Lebanon Road, LLC; James B. Rogers, individually and as member of Lebanon Road, LLC; A South Carolina Limited Liability Company; GrandSouth Bancorporation; Mountainbank; and Janet Elizabeth Kelly Dorado, Defendants, of whom Jerry Andrew Meehan, individually and as member of Lebanon Road, LLC; Robert N. Newton, individually and as member of Lebanon Road, LLC; James B. Rogers, individually and as member of Lebanon Road, LLC; A South Carolina Limited Liability Company; GrandSouth Bancorporation; and Janet Elizabeth Kelly Dorado are Respondents. Robert W. Cone, of Greenwood, for Appellant. D. Sean Faulkner, of Greenville; J. Calhoun Pruitt, Jr., of Anderson; and Harold P. Threlkeld, of Anderson, for Respondents. This case arises from a disputed transfer of property to Jerry Andrew Meehan from his mother. John T. Meehan, Jerry Meehan's brother, and Appellant appeal the circuit court's dismissal of his actions for fraud, duress, undue influence, and constructive trust pursuant to Rule 12(b)(6), SCRCP.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
13988 Donnie Elgin and Elgin's Paint and Body Shop, Inc., Respondents v. Grace Kelly, Appellant. S. Jahue Moore, of West Columbia, for Appellant. C. Cantzon Foster, II, of Columbia, for Respondents. In this action arising from the dissolution of a corporation, Appellant, Grace Kelly, present the following two issues for appeal: (1) Did the trial court commit reversible error in refusing to grant a new trial absolute after the jury first entered a verdict for Kelly but awarded no damages on her breach of fiduciary duty claim and then found in favor of Respondent, Donnie Elgin, when the trial court held the verdict was inconsistent and resubmitted the issue to the jury? (2) Did the trial court commit reversible error in refusing to appoint a receiver and order an accounting with respect to the assets of the corporation at the time of Kelly's ouster, and by ordering that only the assets remaining at the time of trial be divided between the shareholders pro rata?
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
13962 John E. Taylor, III, Appellant v. Marion County Council, Respondent. R. Wayne Byrd, of Florence, for Appellant. Timothy H. Pogue, of Marion, and Mary Duncan Shahid, of Charleston, for Respondent. In this action involving the construction of a proposed landfill, Appellant appeals the circuit court's order denying his motion to enforce a settlement agreement with Respondent, which would enable him to proceed with his DHEC permit application. Appellant contends the circuit court erred in: (1) holding that Respondent had not taken any action that violated or breached the settlement agreement; (2) holding that Appellant's motion to enforce the settlement agreement was moot; (3) rejecting Appellant's proffer of testimony from two DHEC officials; (4) failing to find Respondent was estopped from taking any action that would interfere with Appellant's permit application; and (5) failing to find that Respondent's actions violated Appellant's equal protection rights.
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11:45 a.m. | (Time Limits: 10 - 10 - 5) |
13926 Estate of Deloris Anderson, Respondent v. Linda Green and Frank Green, III, Appellants. George E. Graham, of Conway, for Appellants. Johnny Morant, of Georgetown, for Respondent. Linda Green and Frank Green, III, appeal the order of the circuit court affirming the probate court's dismissal of their claims against the estate of Deloris Anderson for rents collected by Anderson and for fraud.
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12:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
13757 Charles West, Respondent v. Alliance Capital and Frontier Insurance Company, Appellants. Donald L. Van Riper and Suzanne C. Boulware, of Columbia, for Appellants. William P. Walker, Jr., of Lexington, for Respondent. These companion workers' compensation cases ask whether injuries incurred while employees were working on a personal vehicle on the job site during work time are compensable.
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Wednesday, January 18, 2006 | |
Courtroom I
(Court convenes at 2:00
p.m.)
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
14022 Charleston County Department of Social Services, Respondent v. Priscilla Jackson, Bryan Houpe, Lamont Coles, Sr., John Doe and Stephen Doe, representing the unknown biological father or fathers of Jazmyn Jackson and Lamont Coles, and Jazmyn Jackson, a child, date of bith 6/26/90, and Lamont Coles, a child, date of birth 10/15/95, Defendants, of whom Lamont Coles, Sr, is the Appellant. Cherie W. Blackburn, Ellis R. Lesemann, and Stephanie E. Lewis, of Charleston, for Appellant. Frampton Durban, Jr., of North Charleston, for Respondent. James C. Bradley, of Charleston, and Michael F. Bowler, III, of Charleston, for guardian ad litem. In this appeal from an order terminating parental rights, Father argues the family court erred in finding Father's failure to visit and support his son was willful. Father also argues that termination of his parental rights would not serve his son's best interests, and that under the circumstances, Father's parental rights should not be terminated solely because his son has been in foster care for more than fifteen of the last twenty-two months. Finally, Father asserts that termination violates his constitutional right to due process.
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Tuesday, January 10, 2006 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
13970 Curtis Earl, Claimant v. HTH Associates, Inc./Ace USA-Insurance Company of North America, Employer/Carrier, And, Advance Auto Parts/Royal Insurance Company of America, Statutory Employer/Carrier, And, The SC Uninsured Employers' Fund, Defendants, Of whom Ace USA-Insurance Company of North America is the Appellant, And, Curtis Earl, Advance Auto Parts, Royal Insurance Company of America, and HTH Associates, Inc., are the Respondents. Walter Hilton Barefoot, of Florence, for Appellant. Kenneth W. Harrell, of North Charleston; Stephen L. Brown and Wallace G. Holland, of Charleston; John S. Nichols, of Columbia, for Respondents.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
13992 Lakefhia McCrea, Appellant v. Jafer Gheraibeh, Respondent. Edward L. Graham, of Florence, for Appellant. Charles A. Harris, Jr., of Cheraw, for Respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
13995 John F. Seibert and Lillian D. Seibert, Respondents v. R. Ann Wilkins Brooks, Charles J. Brooks, II, Niles Brancati, Brancati Builders, Inc., Charles E. Strickland, Jr., and Preferred Home Inspections, Inc., Defendants, of whom Charles E. Strickland, Jr. and Preferred Home Inspections, Inc., are Appellants. Charles E. Carpenter, Jr. and Francis M. Mack, of Columbia, for Appellants. William D. Robertson, III, and John D. Kassel, of Columbia, for Respondents.
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11:45 a.m. | (Time Limits: 15-15-5 ) |
13805 Queens Grant II Horizontal Property Regime, Appellant/Respondent v. Greenwood Development Corporation, d/b/a Palmetto Dunes Resort, Inc., Respondent/Appellant. Edward E. Bullard, of Hilton Head Island, for Appellant-Respondent. Joseph R. Barker, of Hilton Head Island, for Respondent-Appellant.
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12:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
13994 Sloan Construction Company, Inc., Appellant v. Southco Grassing, Inc., Wanda Surrett, South Carolina Department of Transportation, and Greer State Bank, Defendants, of whom South Carolina Department of Transportation is the Respondent. T. S. Stern, Jr., of Greenville, for Appellant. Beacham O. Brooker, Jr., of Columbia, for Respondent.
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Cases to be Submitted Without Oral Argument | |
13763 |
In the Matter of the Care and Treatment of Emory Michau, Appellant.
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13765 |
Wanda Lea Chavis, Appellant v. Mark Glenn Chavis, Respondent.
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13775 |
The State, Respondent v. Myron Williams, Appellant.
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13778 |
The State, Respondent v. James E. Rogers, Appellant.
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13783 |
The State,Respondent v. David Bernard Elmore, Appellant.
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13785 |
The State, Respondent v. Marcus Barnes, Appellant.
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13792 |
South Carolina Department of Natural Resources,Respondent v. Andy McDonald, Jason Martin and Jonathan Corn, Appellants.
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13910 |
The State, Respondent v. Phoenix Riggsbee, Appellant.
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13911 |
The State, Respondent v. John Henry, Appellant.
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13924 |
Peter G. Oliver, Respondent v. AT&T Nassau Metals, Appellants.
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13955 |
Madera Utilities, Inc., Appellant v. South Carolina Department of Health and Environmental Control, Respondent.
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13957 |
Elizabeth N. Powell, Appellant v. Jackson N. Powell, Respondent, and Alice Nims Powell, Edna Alice Powell Rosen, Fonda Powell Stroud, and "Powell's Rentals" A Family Corporation,Stakeholders.
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13958 |
Rose Marie Powell, Appellant v. Fun Tees, Employer and Royal & Sunalliance, Carrier, Respondents.
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13959 |
Midfirst Bank, Appellant v. Pierce C. Newman as Personal Representative of the Estate of Jessie William Banks, and individually as a devisee of the Estate of Jessie William Banks, Marian B. Newman, Johnnie Bradley, Cathy Celvarey, and any children and heirs at law, distributees, and if any of the same be dead any and all persons entitled to claim under or through them, also all other persons unknown claiming any right, title, interest or lien upon real estate described in any unknown adults, being a class designated as John Doe, and any unknown infants or persons under disability or in military service being a class designated as Richard Roe, Dorothy A. Banks, and if Dorothy A. Banks be deceased, then any children and heirs at law, distributees and devisees and if any of the same be dead any and all persons entitled to claim under and through them, also all other persons unknown claiming any right, title, interest or lien upon the real estate described in the complaint herein; any unknown adults being a class designated as John Doe and any unknown infants or persons under disability or in the military service being a class designated as Richard Roe, Respondents.
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13960 |
Juan Marin, Appellant v. Black & Decker Distribution, Inc., Employer, and Speciality Risk Services, Carrier, Respondents.
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13967 |
The State, Respondent v. Stephen Tyrone Simmons, Appellant.
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13971 |
Margaret T. Carrigg, Appellant v. Cusch, Inc. and Moos Brothers of Charleston, Inc., dba T-Bonz Restaurant, Respondents.
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13973 |
John Graham Heller, Jr., Respondent v. Joyce McDonald Heller, Appellant.
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13976 |
The State, Respondent v. Eric Simpson, Appellant.
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13977 |
The State, Respondent v. William A. Seawright, Appellant.
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13980 |
The State, Respondent v. John D. Griffith, Appellant.
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13981 |
The State, Respondent v. Ray Lynn Hollifield, Appellant.
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13982 |
The State, Respondent v. Michael Brian Flynn, II, Appellant.
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13986 |
Rebecca Lagroon, Respondent v. Robert Jay Lagroon, Appellant.
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13989 |
Deborah C. Head, Respondent v. Grant R. Head, Appellant.
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13997 |
Hank Singleton, Appellant v. Stevens Shipping & Terminal Co., Employer, and Genesis, Carrier, Respondents.
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14013 |
Suchart Taylor, Respondent v. South Carolina Department of Motor Vehicles, Appellant.
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14326 |
SCDSS Child Support Enforcement and Cindy Ruff of whom SCDSS Child Support Enforcement is Appellant v. Ralph Mangle, Respondent.
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