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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.
Tuesday, January 9, 2007 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
14657 The State, Respondent, v. Steven David Frazier, Appellant. 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, Assistant Attorney General Deborah R. J. Shupe, of Columbia, and Solicitor Robert M. Ariail, of Greenville, for Respondent. This is an appeal of a homicide conviction. The defendant alleges error in the trial judge's recharge on the question of proximate cause.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
14654 Patricia Fickling, Appellant, v. City of Charleston, Respondent. E.T. Moore, Jr. and Angela W. Abstance, of Barnwell, for Appellant. James A. Stuckey, Jr., of Charleston, for Respondent. This is a negligence action involving a slip and fall. Patricia Fickling sued the City of Charleston after she slipped and fell on a sidewalk located within the city limits. Fickling appeals the trial court's order in favor of the City, arguing the trial court erred in finding (1) the City had no duty to inspect or maintain the sidewalk because it was located on a State right of way and (2) the City had no actual or constructive notice of the defect.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
14662 The State, Respondent, v. Cornelius Govan, Appellant. Appellate Defender Aileen P. Clare, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., of Columbia, and Solicitor I. McDuffie Stone, III, of Beaufort, for Respondent. Govan appeals his conviction for armed robbery. Govan argues the trial court erred in denying his motion to suppress the show-up identification.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
14692 Anthony Hardee, Employee/Claimant, v. W.D. McDowell, Uninsured Employer, and S.E. Smith Construction Co., Inc., Alleged Statutory Employer, and Companion Property & Casualty Insurance Company, Carrier/Defendants/Appellants, with the South Carolina Uninsured Employer's Fund, Appearing as a Respondent,of whom W.D. McDowell is a Respondent, S.E. Smith Construction Co., Inc., and Companion Property & Casualty Insurance Co. are Appellants, and the South Carolina Uninsured Employers Fund is a Respondent. Brian O'Keefe, of Charleston, and Weston Adams, III, of Columbia, for Appellants. Terri M. Lynch, of Mt. Pleasant, for Respondent South Carolina Uninsured Employers Fund. W.D. McDowell, of Loris, pro se. The central question posed in this appeal is when and how often a contractor must get proof of insurance to allow liability for an injury to the subcontractor's employee to be shifted to the South Carolina Uninsured Employers' Fund.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
14595 South Carolina District Council of Assemblies of God, Ginger Bruce, Kathy Switzer and Gerald Rollins, Respondents, v. River of Life International Worship Center, Sam J. Schneider, Arabella Gaines, Eugene Morvan, Billy Pondexter, Carman Sanders, Tommy Taylor and Kathy Miller, Appellants. Rolf Mouin Baghdady, of Chapin, for Appellant. William R. Calhoun, Jr. and William O. Sweeny III, of Columbia, for Respondents. This is a declaratory judgment action arising out of a property dispute between the South Carolina District Council of Assemblies of God and a local congregation that had been affiliated with the Assemblies of God until its withdrawal in 2003. The local congregation, the River of Life International Worship Center, appeals the trial court's determination that, pursuant to South Carolina law, the District Council was entitled to possession and control of the real estate and personal property at issue in this litigation.
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3:30 p.m. | (Time Limits: 15-15-5) |
14591 Ex parte: Murdell McFarlin, individually and as daughter and next friend of Floyd B. Walker, Sr., an incapacitated person, Appellant. In the matter of Floyd B. Walker, Sr. v. James H. Renfrow, Jr. Guardian ad litem, Respondent. Jan L. Warner, of Columbia, for Appellant. James H. Renfrow, Jr., of Spartanburg, Pro Se Respondent In this probate proceeding, the court must first determine if the death of the protected person renders moot the issues on appeal. If not, the issues that must be addressed concern the propriety of orders of both the probate court and circuit court regarding conservatorship and guardianship proceedings.
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Wednesday, January 10, 2007 | |
Courtroom I
(Court convenes at 2:00
p.m.)
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2:00 p.m. En Banc | (Time Limits: 10 - 10 - 5) |
14532 Law Firm of Paul L. Erikson P.A., Appellant, v. James R. Boykin and Mona S. Boykin, Respondents. Paul L. Erickson, of Asheville, N.C., for Appellant. Carolyn R. Hills, of Myrtle Beach, for Respondents. Appellant claims the lower court erred in failing to give full faith and credit to a North Carolina judgment, accepting and entering an order drafted by the respondents' trial counsel, and failing to take judicial notice of additional filings from North Carolina and an affidavit from Paul L. Erickson.
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3:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
14482 Linda Fowler Blanton, (k/n/a Fowler,) Respondent, v. Tracy Gary Blanton, Appellant. William G. Rhoden, of Gaffney, for Appellant. Grace Gilchrist Knie, of Spartanburg, and John S. Nichols, of Columbia, for Respondent. In this civil action, the court determines whether the family court erred in allowing expert testimony based on indicators of value, awarding expert fees, and determining the value of Tracy Blanton's business at $100,000.
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3:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
14690 Erik C. Walsh, Respondent, v. Jodie Walsh, Appellant. Rebecca R. West, of Columbia, for Appellant. Pamela Michele Pearson, of Rock Hill, for Respondent. Jodie Walsh appeals the family court's order assuming jurisdiction of this case, arguing the trial court erred by: (1) assuming jurisdiction of the case because it failed to make findings required by SC Code Ann 20-7-810; (2) finding that the children and parents have a significant connection with South Carolina pursuant to 20-7-788(2)(i); (3) finding that there is no longer substantial evidence in New York regarding the children pursuant to SC Code Ann. 20-7-788(2)(ii); (4) failing to defer to New York's continuing exclusive jurisdiction over the case; and (5) basing its assumption of jurisdiction on the Parental Kidnapping Prevention Act.
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Thursday, January 11, 2007 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
14718 Kenneth G. Schneider, Jr., on behalf of himself and others similarly situated, Appellant/Respondent, v. Board of Directors for the Bohicket Marina Village Council of Co-Owners, Inc., for the years 1990 to the present, Respondents/Appellants. W. Jefferson Leath, Jr., of Charleston, and W.H. Bundy, Jr., of Mt. Pleasant, for Appellant-Respondent. Eugene P. Corrigan, III, of Charleston, for Respondents/Appellants. Kenneth G. Schneider, Jr., initiated this class action suit against the Board of Directors for the Bohicket Marina Village Council of Co-Owners, Inc. (the Board) for breach of fiduciary duty and negligence. Schneider argues the trial court erred in (1) granting the Board's motion for election of remedies and (2) failing to ask the jury to clarify its verdict. On cross-appeal, the Board argues the trial court erred in (1) refusing to dismiss the case for failure to follow Rule 23(b)(1), SCRCP; (2) failing to decertify the class after the evidence was presented; (3) failing to grant a directed verdict on the grounds that the statute of limitations barred the suit; and (4) allowing expert testimony by witnesses who were not qualified in the areas in which they proffered evidence.
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Tuesday, January 9, 2007 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
14719 Hardaway Concrete Company Inc., Respondent, v. Hall Contracting Corporation, Principal and Contractor; and Travelers Casualty & Surety Company of America, Surety, Defendants, of whom Hall Contracting Corporation, Principal and Contractor is the Appellant. M. Allan Peace and Donald W. Tyler, Jr., of Columbia, for Appellant. David M. Ratchford and Brian C. Gambrell, of Columbia, for Respondent.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
14656 Joanne B. Whitlock, Appellant, v. John W. Whitlock, Respondent. Jan L. Warner, of Columbia, for Appellant. John S. Nichols, of Columbia, for Respondent.
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Cases to be Submitted Without Oral Argument | |
14605 |
Computer Products, Inc., Appellant, v. JEM Restaurant Group, Inc., John E. McGrath, Monolith Software Solutions, Inc., and W. David Valmus, Respondents.
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14627 |
Linda E. Whetsell, Appellant, v. Kermit T. Whetsell, Respondent.
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14636 |
The State, Respondent, v. Melvin Rhodes, Appellant.
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14641 |
The State, Appellant, v. Ryan Brooks, Respondent.
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14647 |
State of SC, Respondent, v. Charles E. Finley, Appellant.
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14649 |
The Estate of Monty Austin Adair, by his Personal Representative, Joyce Ann Kephart-Adair, and Joyce Ann Kephart-Adair, personally, Appellants, v. L-J, Inc., a South Carolina Corporation and David Neal Jordan, Respondents.
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14651 |
Timothy J. Burkett, Appellant, v. Rose M. Burkett, Respondent.
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14655 |
Wesley Evans, Employee, Respondent, v. COMTRAK, Inc., Employer, and Great West Casualty Co., Inc., Appellants.
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14658 |
The State, Respondent, v. Carl Vernon Kelly, Appellant.
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14659 |
The State, Respondent, v. Henri A. Glasby, Appellant.
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14665 |
Rapid Industries, Inc., Respondent, v. Industrial Service Works, Inc., and William Benjamin Streett and Charles R. Wingate, Jr., Defendants, of whom Charles R. Wingate, Jr. is the Appellant.
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14666 |
Andrea S. Shorb, Respondent, v. Patrick Shorb, Appellant.
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14678 |
The State, Respondent, v. Corey Moss, Appellant.
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14679 |
The State, Respondent, v. Anthony L. Mann, Appellant.
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14684 |
The State, Respondent, v. Vasquez Q. Hendon, Appellant.
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14687 |
Stephen M. Whisonant, Respondent, v. Protection Services, Inc., and Travelers Indemnity Company, Appellants.
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14689 |
Patricia P. Featherston, Appellant, v. John Staarman and Bredman Group, Inc., Defendants, of whom John Staarman is the Respondent.
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14691 |
James M. Hull, Appellant, v. Spartanburg County Assessor, Respondent.
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14695 |
Mosseri, Mosseri, Castro, Respondent, v. Austin's at the Beach, Inc. and Paris, Inc., Defendants, Of Whom Austin's at the Beach is the Appellant.
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14696 |
Kenneth S. Pinckney, Appellant, v. Robert J. Salamon, Low Country Chiropractic, Respondent.
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14697 |
Patricia E. King and Robbie King Jones, as representatives of W.R. King and Ellen King, Appellants, v. Margie B. King and Robbie Patricia Ione King, Individually and as co-personal representatives of the Estate of Christopher C. King, deceased and Nelson M. King, Chester Telephone Company and Branch Banking & Trust (BB&T), Respondents.
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14701 |
Village West Horizontal Property Regime, Respondent, v. Kenneth C. Arata and Madeleine R. Arata, Appellants.
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14702 |
David A. Valentine, Appellant, v. Telemedia Acquisitions, LC, William R. Gates, individually, and Donald W. Parker, individually, Respondents.
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14703 |
Marsha Tennant, Appellant, v. Beaufort County School District, Employer, and S.C. School Board Insurance Trust, Carrier, of whom Beaufort County School District is the Respondent.
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14704 |
S.C. Farm Bureau Mutual Insurance Company, Respondent, v. South Carolina Bank and Trust f/k/a First National Bank, Michael G. Lee and Cheri B. Lee, Defendants,of whom Cheri B. Lee is the Appellant.
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14706 |
The State, Respondent, v. Samuel T. Simmons, Appellant.
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14707 |
The State, Respondent, v. Gary A. White, Appellant.
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14708 |
The State, Respondent, v. Jonah I. Lowder, Appellant.
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14709 |
Anne Galbreath-Jenkins, Appellant, v. Floyd Ronald Jenkins,Jr., Respondent.
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14711 |
The State, Respondent, v. Christopher Lee Pride, Appellant.
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14712 |
The State, Respondent, v. Anthony J. Smith, Appellant.
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14731 |
The State, Respondent, v. Melvin Douglas Woods, Appellant.
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14732 |
The State, Respondent, v. Charles Smalls, Appellant.
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14735 |
David H. Barton, Employee, Claimant, v. William Ian Higgs d/b/a Iyanel Enterprises and Total Home Exteriors, Inc., Employers and Key Risk Insurance and SC Uninsured Employers Fund, Carrier, Defendants, Of Whom Total Home Exteriors, Inc., Employers and Key Risk Insurance are the Respondents And SC Uninsured Employers Fund is the Appellant.
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14737 |
Estate of Laura J. Mims and Shelia Hood, Respondents, v. Alta Ruth Robinson, Appellant.
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14738 |
George Mack, Appellant, v. Charleston County School District, Respondent.
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14843 |
South Carolina Department of Social Services, Respondent, v. Jessie Van Hoose, Scotty Smith, Mitchell Jones, Andrew Landreth a/k/a Andrew Landrum, Randall J. Simmons, John Doe, and The minor child, Madison Van Hoose, DOB: 10/23/03, of whom Jessie Van Hoose is the Appellant.
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14873 |
South Carolina Department of Social Services, Respondent, v. Elaine McConnell, Reginald Rutledge,and CHILD: Montez Rutledge DOB: 10/30/92 Defendants, of whom Reginald Rutledge is the Appellant.
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14880 |
Department of Social Services,Respondent, v. Cynthia Danielle Hendrix, Timmy West, Jeffrey Lenard Corn, John Doe, Richard Roe, Stephen Doe and the minor children under the age of eighteen (18) years: Brittany Shyanne Hendrix (DOB: 07/28/2000), Brayden Corn (DOB: 12/30/2002), Jonathan Isaiah Corn (DOB: 07/29/2004), Defendants, of whom Cynthia Danielle Hendrix is the Appellant.
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14881 |
Department of Social Services, Respondent, v. Rhonda Mullinax, Christopher George Mullinax, Chris Hoyle, Thomas Bill Short, John Doe, Richard Roe and the minor children under the age of eighteen (18) years: Christopher Mullinax (born 10/31/2000), Sierra Jade Mullinax (born 07/19/2002), Katelyn Mullinax (born 08/09/1997), Defendants, of whom Christopher George Mullinax is the Appellant.
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