Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch
Court of Appeals - Roster of Cases for Hearing

   
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 10, 2012
Courtroom I
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18474   The State, Respondent, v. Lonnie Wayne Gregory, Appellant.

Appellate Defender Elizabeth A. Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General William Blitch, Jr., of Office of the Attorney General, of Columbia, for Respondent.

On appeal from a conviction for second-degree criminal sexual conduct with a minor, Lonnie Gregory argues the trial court erred in qualifying a forensic interviewer as an expert in the field of forensic interviewing and child abuse assessment.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18834   Consumer Advocate for the State of South Carolina, Appellant, v. South Carolina Department of Insurance and National Council on Compensation Insurance, Inc., Respondents.

Elliott F. Elam, Jr., of Columbia, for Appellant. Benjamin Parker Mustian, of Columbia, for Respondent National Council on Compensation Insurance, Inc. Gwendolyn Fuller McGriff, of Columbia, for Respondent South Carolina Department of Insurance.

The Consumer Advocate for the State of South Carolina appeals the administrative law court’s dismissal of his request for a contested case hearing on a filing by the National Council on Compensation Insurance for approval of revised loss costs and as a result, revised rates for workers’ compensation insurance. The Consumer Advocate contends the administrative law court erred in finding (1) section 38-73-910(A) of the South Carolina Code does not require notice to be published to the public when increasing the rates and (2) it did not result in a denial of due process for the Consumer Advocate and the policyholders.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18838   Ronald L. Turney, Employee, Appellant, v. Celadon Trucking Services of Indiana, Employer, and S.C. Uninsured Employers' Fund, Respondents.

David Vance Benson, of Rock Hill, for Appellant. Michael E. Chase and Carmelo B. Sammataro, of Columbia, for Respondent Celadon Trucking Services. Timothy Blair Killen, of Columbia, for Respondent South Carolina Uninsured Employer's Fund.

In this workers' compensation appeal, Turley argues the workers' compensation commission erred in determining it lacked jurisdiction over his claim for benefits.

Wednesday, January 11, 2012
Courtroom I
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18872   Andre Little, by and through his legal guardian, Leon Mack, Appellants, v. Barnwell School District 45 and Barnwell County Sheriff's Department, Respondents.

R. Bentz Kirby, of Orangeburg, for Appellant. Allen D. Smith, of Columbia, for Respondent Barnwell School District 45. R. Morrison Payne, of Walterboro, for Respondent Barnwell County Sheriff's Department.

Andre Little appeals the grant of summary judgment in this action under the South Carolina Tort Claims Act against Respondents Barnwell School District 45 and Barnwell County Sheriff's Department. Little, then a student at Barnwell High School, alleges he suffered injuries resulting from gross negligence on the part of both the District and the Department in hiring and supervising their employees when he was discovered with a female student in the back seat of a car on school property during a school activity and taken into custody by school resource officers. The trial court granted summary judgment to both the District and the Department, holding Little failed to present any evidence of gross negligence.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18846   Regions Bank, Appellant, v. Richard C. Strawn, Robert K. Borchers, individually and as personal representative of the Estate of Marie Borchers and Nancy Davidson Borchers, Respondents.

Harold P. Threlkeld, of Anderson, for Appellant. Samantha Nelson Murphy, of Anderson, for Respondent.

The Bank appeals the circuit court's award of damages to subsequent purchasers of real property under section 29-3-320 of the South Carolina Code for failure to mark satisfied a mortgage on the property.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18863   The State, Respondent, v. Jimmy Paul McKerley, Appellant.

Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Christina Catoe, of Office of the Attorney General, of Columbia, for Respondent.

In this criminal appeal, McKerley claims the trial court erred in (1) allowing a child to testify without first ordering an evaluation of the child; (2) qualifying a witness as an expert; (3) admitting evidence of bad character and prior bad acts; (4) failing to grant a mistrial based on a witness's testimony; and (5) instructing the jury to "search for the truth" in its deliberations.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18866   James M. Gragg, MD, Respondent, v. Edwin O. Byrd, MD, and Sheri C. Byrd, MD, Appellants.

Stanley T. Case, of Spartanburg, for Appellants. Charles William Hinnant, Jr., of Anderson, for Respondent.

This accounting appeal addresses a dispute between three doctors who were formerly members in Woodruff Family Medicine, LLC (the LLC). Edwin O. Byrd, MD and Sheri C. Byrd, MD (collectively, the Byrds) appeal the master-in-equity's amended order granting James M. Gragg, MD a judgment of $50,772.38. The Byrds contend the master erred in (1) calculating the net amount due to Gragg for his accounts receivable; (2) finding the Byrds owed Gragg $13,901.32 for payments charged to him on a note; (3) declining to find Gragg failed to fulfill a $30,000 buy-in obligation; (4) declining to find Gragg owed the Byrds 40% of the payments made on another note; and (5) declining to find Gragg owed the Byrds his pro rata share of property taxes for the year he left the LLC. The Byrds thus maintain they are entitled to a judgment of $18,375.06 against Gragg because, when correcting for these alleged errors, his liability to them outweighs the master's judgment by that amount.

Thursday, January 12, 2012
Courtroom I
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18836   George S. Zokoff, Appellant, v. Marisa Lozada, Respondent.

Oscar W. Bannister, of Greenville, for Appellant. Robert M. Rosenfeld, of Greenville, for Respondent.

This appeal arises out of the refusal of the family court to lower Appellant George S. Zokoff's child support payments after he became unemployed. On appeal, Zokoff argues the family court erred in failing to reduce his child support when he suffered a significant change in circumstances and in refusing to use the child support guideline method of calculating income from assets.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18851   North Point Development Group, LLC, Appellant, v. South Carolina Department of Transportation, Respondent.

Sarah P. Spruill, of Columbia, for Appellant. Beacham O. Brooker, Jr., of Columbia, for Respondent.

North Point Development Group, LLC (North Point) appeals the circuit court's finding that it lacked jurisdiction to review the South Carolina Department of Transportation's decision to deny North Point's application for an encroachment permit. North Point contends neither the chain of title nor the Florence County tax assessor's records indicate the property at issue was located at a controlled access intersection.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18864   The State, Respondent, v. Hollie McEachern, Appellant.

Jack B. Swerling, of Columbia, and Katherine Carruth Goode, of Winnsboro, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General David Spencer, of Office of the Attorney General, of Columbia, for Respondent.

In this criminal matter, Hollie McEachern appeals her convictions of trafficking in cocaine, trafficking in crack cocaine, and possession with intent to distribute marijuana, asserting the trial court erred in (1) admitting testimony concerning her civil forfeiture of money seized during her arrest, (2) admitting testimony concerning post-arrest assistance she provided to her cousin and co-defendant, (3) denying her motion for a mistrial based upon an improper comment by the State and allowing the State to question her about selling drugs to particular individuals and (4) denying her motion for a new trial on the basis of various errors, singly or cumulatively.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18867   Goldie Woodie, Employee, Appellant, v. Hamrick Mills, Inc., Employer, and Gallagher Bassett Services, Inc., Carrier, Respondents.

John S. Nichols and Blake A. Hewitt, of Columbia, and S. Belinda Ellison, of Lexington, for Appellant. Bradford B. Easterling, of Greenville, and Carmelo B. Sammataro, of Columbia, for Respondents.

This appeal arises out of an order of the Workers' Compensation Commission (the Commission) finding Appellant Goldie Woodie did not carry his burden of proving a compensable hernia. On appeal, Woodie claims the circuit court erred in affirming the Commission's reasoning that the statute precludes benefits for a hernia aggravated by a work-related injury and the facts of this case do not support a distinction between the terms "hernia" and "rupture."

Tuesday, January 24, 2012
Courtroom I
(Court convenes at 10:40 a.m.)
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18726   Dale Hill, Betty Hill, Carl Clemmons, Geraldine Clemmons, Individually, and on behalf of a Class of all others similarly situated, Appellants, v. Deertrack Golf and Country Club, Inc., Deertrack Golf, Inc., Deerfield Plantation, Inc., the Estate of John Schaad, by and through Ann Schaad as Executrix, and Deertrack Investors, LLC., Respondents,_____________________Deertrack Investors, LLC, Third-Party Plaintiff, v. Plantation Resort of Myrtle Beach, Inc., and Plantation Resort Properties, Inc., Third-Party Defendants.

David B. Miller and Robert S. Shelton, of Myrtle Beach, for Appellants. Amanda A. Bailey and Henrietta U. Golding, of Myrtle Beach, for Respondent Deertrack Investors, LLC. Richard Michael Smith, of Pawleys Island, for Respondents Deertrack Golf & Country, Deertrack Golf Inc. Jerry Petus, of Lake Wylie, for Respondent Deertrack Investors, LLC.

In this land dispute, Dale and Betty Hill and other Deerfield Plantation homeowners (Appellants) appeal the trial court's order granting Deertrack Golf and Country Club, Inc. and other Respondents' motion for summary judgment, alleging the trial court erred in: (1) finding no implied easement preventing the subject property from being developed; (2) failing to find no effective disclaimer of an implied easement; and (3) cancelling a lis pendens.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18835   Veronica Collins, Respondent, v. Department of Education - Transportation (Employer) and State Accident Fund (Carrier), Appellants.

Margaret M. Urbanic, of Charleston, for Appellant SC Dept. of Education. Cynthia Burns Polk, of Columbia, for Appellant State Accident Fund. Thomas M. White, of Goose Creek, for Respondent.

In this Workers' Compensation case, Appellants contend the circuit court erred in affirming the Commission's Order (1) finding claimant's refusal to enter an assisted living facility was reasonable and (2) requiring Appellants to compensate claimant's caregiver for providing home health care services.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18868   Estate of Caroline B. Gill by J. Louis Grant and Thomas S. Baldwin, Co-personal Representatives, Appellants, v. Clemson University Foundation, Amy Nichol Castillo, Thomas Smith Baldwin, Shannon Whitehead, Jordan Whitehead, I.H. Gregorie, Beth Gregorie, and Morgan Stanley & Company, Incorporated, Respondents.

Dean Britton Bell, of Hilton Head Island, for Appellants. John M. Jolley, of Hilton Head Island,and Robert L. Widener and Celeste T. Jones, of Columbia, for Respondents.

This dispute arises from the Last Will and Testament of Caroline Gill and a bequest from Gill's estate to Clemson University Foundation (Clemson) to establish and fund the Danny Lee Ford Endowed Scholarship Fund (Scholarship). Gill's personal representatives, J. Louis Grant and Thomas Baldwin (Appellants), appeal from the master's order finding the Danny Ford bequest was unambiguous; prohibiting Appellants from introducing extrinsic evidence; ordering Appellants to execute the bequest with estate funds; and determining the IRA in Gill's name is a nontestamentary asset that must be executed as set forth in the documents associated with the IRA and does not satisfy the Danny Ford bequest. Appellants argue the master erred in: (1) failing to consider extrinsic evidence of Gill's intent because the terms of Gill's Will and IRA beneficiary designation as they pertain to the establishment and funding of the Scholarship is ambiguous; (2) prohibiting J. Louis Grant's proffered testimony because it was relevant and should have been admitted as an exception to the hearsay rule pursuant to Rule 803(3), SCRE; (3) refusing to make a factual finding that Gill intended to make a single bequest of $100,000 to Clemson; (4) including factual findings in its order that were not supported by the record; (5) failing to find the written beneficiary designation in Gill's IRA Adoption Agreement Form satisfies the contemporaneous writing requirement of S.C. Code Ann. § 62-2-610; and (6) not requiring all the funds paid to Clemson be held and administered in strict accordance with the terms of item II(e) of Gill's Will.

Wednesday, January 25, 2012
Courtroom I
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18850   William Parker and Dorothy Parker, Respondents, v. Pier Abdullah and Aazim Abdullah aka Lynwood K. Daniels, Appellants.

R. Bentz Kirby, of Orangeburg, for Appellants. J. Christopher Wilson, of Bamberg, for Respondents.

Landlord appeals the circuit court's award of damages based on landlord's breach of a lease agreement containing an option to purchase the leased real property.

 10:40 a.m. (Time Limits: 10-10-5)  
19151   The State, Respondent, v. Phillip Coker, Appellant.

Appellate Defender Elizabth Franklin-Best and Appellate Defender Breen Stevens, of Columbia, for Appellant. John Benjamin Aplin, of Columbia, for Respondent.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18842   Henry B. Varn, Appellant, v. Gwen B. Varn, individually and As Personal Representative, Respondent.

Kenneth B. Wingate and Paul David Kent, of Columbia, for Appellant. J. Martin Harvey, of Barnwell, for Respondent.

This is a probate matter concerning the funding of an elective share. Appellant Henry B. Varn, one of the other beneficiaries, argued that the elective share claimed by Respondent Gwen B. Varn should have been funded by an "across-the-board" method, whereby each beneficiary other than Mrs. Varn would forfeit a proportionate share of each asset specifically devised to him or her. The probate court, however, ordered that Mrs. Varn's elective share be funded by granting her certain assets. The circuit court affirmed the order of the probate court, and Henry Varn appeals to this court.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18389   Travis Self, Appellant, v. South Carolina Department of Corrections, Respondent.

John Wesley Locklair, III, of Columbia, for Appellant. Andrew Foster McLeod, of Cheraw, for Respondent.

Travis S. Self appeals the trial court's order granting summary judgment in favor of the South Carolina Department of Corrections on his gross negligence claim for failure to provide adequate medical care.

Thursday, January 26, 2012
Courtroom I
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18827   Carmax Auto Superstores West Coast, Inc., Appellant, v. South Carolina Department of Revenue, Respondent.

John C. von Lehe, Jr. and Bryson M. Geer, of Charleston, and Allen Mattison Bogan, of Columbia, for Appellant. Harry A. Hancock, Milton G. Kimpson, and Lynn M. Baker, of Columbia, for Respondent. Burnet R. Maybank, III, of Columbia, and Alexandra Eikner Sampson, of Washington, DC, for Amicus Curiae Committee on State Taxation. Robert L. Widener and Erik P. Doerring, of Columbia, for Amicus Curiae South Carolina State Chamber of Commerce.

This appeal arises out of CarMax Auto Superstores West Coast, Inc.'s (CarMax) protest of an assessment of corporate income taxes by the South Carolina Department of Revenue (SCDOR). CarMax alleges the Administrative Law Court (ALC) erred in: (1) failing to place the burden of proof on SCDOR to establish by clear and convincing evidence that the standard statutory apportionment method used by CarMax does not reflect the extent of CarMax's business in South Carolina and that SCDOR's alternative separate accounting method is reasonable; (2) failing to consider and find that CarMax operates a unitary business; (3) concluding that the activities of CarMax in South Carolina are not fairly represented by the standard statutory apportionment method; (4) allowing SCDOR to apply separate accounting to a unitary business; (5) failing to apply the "place of activity" test set forth in Lockwood Greene Engineers, Inc. v. South Carolina Tax Commission, 293 S.C. 447, 361 S.E.2d 346 (Ct. App. 1987) and in concluding that CarMax's financing receipts should be sourced to South Carolina; and (6) concluding that SCDOR is not violating CarMax's constitutional rights by applying separate accounting to a unitary business and by sourcing financing receipts to South Carolina.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18849   Leola Richardson, as Personal Representative of the Estate of Dominick Richardson, Respondent, v. PV, Inc. and Harbor Inn, Inc., Appellants.

J. Dwight Hudson, of Myrtle Beach, for Appellants. William P. Walker, Jr., of Lexington, for Respondent.

P.V. Inc. and Harbor Inn, Inc. appeal the trial court's award of damages to Leola Richardson as the Personal Representative of the Estate of Dominick Richardson on her wrongful death claim.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18870   William Alvin Hueble, Jr., Appellant, v. South Carolina Department of Natural Resources and Eric Randall Vaughn, Defendants, Of Whom Eric Randall Vaughn is Respondent.

John P. Riordan, of Greenville, and Jonathan S. Gasser and Gregory P. Harris, of Columbia, for Appellant. J. Victor McDade, of Anderson, for Respondent. Thomas E. Hite, Jr, of Abbeville, for Respondent. Andrew F. Lindemann, of Columbia, for Respondent.

Respondents S.C. Department of Natural Resources and Eric Randall Vaughn jointly served an offer of judgment pursuant to Rule 68, SCRCP, to Appellant William Alvin Hueble, Jr., on the causes of action in Hueble's complaint. Thereafter, Vaughn settled his counterclaims against Hueble. On appeal, Hueble argues the circuit court erred in denying his motion for costs and attorney's fees, in failing to declare Hueble the prevailing party, in determining special circumstances existed to prevent an award of costs, and in refusing to apply a lodestar analysis in determining a reasonable award of costs.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18873   Justin O'Toole Lucey, Justin O'Toole Lucey, P.A., Appellants, v. Amy Meyer, Respondent, and Lorcan Lucey, GMAC Mortgage Corporation, Citimortgage, Inc., and John Doe Finance, Third Party Defendants.

Cherie Blackburn, of Charleston, for Appellants. Nancy Bloodgood, of Daniel Island, for Respondent.

In this civil action involving an employment contract, Justin O'Toole Lucey and Justin O'Toole Lucey, P.A. (Lucey Firm) (collectively Appellants) appeal the trial court's decision to deny their motion to compel arbitration. Appellants contend the trial court erred by: (1) finding that the relationship between Lucey Firm and Amy Meyer did not involve interstate commerce, thus, the Federal Arbitration Act (FAA) did not apply; (2) finding the arbitration clause was unconscionable; (3) striking the entire clause due to one alleged unconscionable provision, when it was more appropriate to severe that portion and then compel arbitration; (4) finding the South Carolina Arbitration Act (SCAA) applicable to the contract.

 12:40 p.m. (Time Limits: 10 - 10 - 5)  
18847   Progressive Church of Our Lord, Jesus Christ, Inc. By the Board Bishops, Appellant, v. Elder Roscoe Black, Arthur Alford, Williams Stephens, Aquilera Black, Antonio Black, and Aderia Black individually and as Trustees for Progressive Church of Bishopville, Respondents.

I.S. Leevy Johnson, William T. Toal, and Yvonne R. Murray-Boyles, of Columbia, for Appellant. Louis D. Nettles, of Florence, for Respondents.

This appeal arises out of an order holding Appellant Progressive Church of Our Lord Jesus Christ, Inc. did not exercise control over the local congregation in Bishopville, South Carolina and finding the local congregation owned the real estate at issue. On appeal, Appellant claims it has standing to bring this action and owns the disputed properties.

Wednesday, January 11, 2012
Courtroom II
(Court convenes at 11:20 a.m.)
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18839   Hope Academy Charter School, Appellant, v. Richland County School District Two, Respondent.

Kirby D. Shealy, III, and Paulette Edwards, of Columbia, for Appellant. Michael H. Montgomery, of Columbia, for Respondent.

In this administrative action, Hope Academy Charter School (Hope) appeals the Administrative Law Court's (ALC) decision to affirm the Richland School Distict 2's (District) Board of Trustees' (Board) denial of Hope's application to form a charter school. Specifically, Hope argues the ALC erred in: (1) affirming District's denial of Hope's charter application based on the reliable, probative, and substantial evidence on the whole record; (2) failing to find District had violated constitutional or statutory provisions in their denial of Hope's charter application; and (3) failing to conclude District exceeded its statutory authority and/or acted in an arbitrary or capricious manner by employing different standards for Hope's application as opposed to those used in the review of other applications

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18844   Earl Phillips as Personal Representative of the Estate of Bobby Gene Barnett, Appellant, v. Brigitte Quick, Respondent.

John Michael Turner, Sr., of Laurens, and Carey Bruce Murphy, of Anderson, for Appellant. Stephen Lewis, of Greenville, for Respondent.

Earl Phillips, as the personal representative of the Estate of Bobby Gene Barnett, appeals the order of the circuit court affirming the probate court's order approving Brigitte Quick's claims pursuant to the South Carolina Uniform Gift to Minors Act.

 12:40 p.m. (Time Limits: 10 - 10 - 5)  
18581   Dona F. Ducker, Fred C. Ducker, Commerical Refrigeration, LLC, Appellants, v. Eleanor S. Stamper, Respondent.

Robert J. Moran, of Murrells Inlet, for Appellants. Jack M. Scoville, Jr., of Georgetown, for Respondent.

After Eleanor Stamper installed fencing on a corner of her property, the Duckers filed suit, complaining her fence obstructed their existing easement. The master entered judgment in Stamper's favor. The Duckers appeal, arguing the master erred in finding they are bound by a 1997 road closure action, have no public or private right in the portion of the road that was closed, and have no easement implied by prior use.

Wednesday, January 25, 2012
Courtroom II
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18840   Ex parte: Stephen E. Lipscomb, Ron Safko, and L. K. Harrell, III, Appellants. In re: Glenn Y. Hollis, Jr., John E. Hollis, Joseph R. Robinson, Janette H. Robinson, Respondents, v. Stonington Development, LLC, Appellant.

George Verner Hanna, IV, Kelley Shull Cannon, and Caroline H. Raines, of Columbia, for Appellant Ron Safko. William M. Saltzman and Timothy G. Quinn, of Columbia, for Appellants Stonington Development, LLC, and Stephen Lipscomp. James Edward Bradley and William B. Fortino, of West Columbia, for Appellant L. K. Harrell, III. H. Freeman Belser and William C. Dillard, Jr., of Columbia, for Respondents.

In this appeal, Appellants assert the circuit court did not have jurisdiction to hold Appellants in contempt. Assuming the circuit court had jurisdiction, Appellants claim the circuit court improperly held them in contempt. Additionally, Appellants contend the circuit court erred in awarding attorney's fees to the Respondents.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18845   SAIA Publishing Company, Inc., Respondent, v. Genesis Telecommunications, LLC, and Ken Jefferson, Appellants.

C. Rauch Wise, of Greenwood, for Appellants. Christopher Lance Sheek, of Greenwood, for Respondent.

SAIA Publishing Company (SAIA) brought this breach of contract action against Genesis Telecommunications (Genesis) and Ken Jefferson after Genesis terminated SAIA's telephone and internet service and denied SAIA access to its website. Genesis appeals the trial court's refusal to grant a directed verdict, judgment notwithstanding the verdict, or new trial on the ground that there was no rational basis for the jury's damages award to SAIA.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18848   Julio Angel Segarra, Appellant, v. Farm Bureau Insurance Company, Respondent.

Patrick James McLaughlin, of Florence, for Appellant. Robert Charles Brown, of Columbia, for Respondent.

In this tort action arising from a motor vehicle accident, Julio Segarra appeals from the trial court's order granting Farm Bureau's motions for judgment on the pleadings and summary judgment, and dismissing Segarra's breach of contract and bad faith causes of action. Segarra argues the trial court erred in finding the doctrines of collateral estoppel and/or res judicata barred him from pursuing causes of action for breach of contract and bad faith against Farm Bureau.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18875   Katie Green Buist, Respondent, v. Michael Scott Buist, Appellant.

Scarlet Bell Moore, of Greenville, for Appellant. Ted Ben Wyndham, Bradley W. Knott, and C. Rauch Wise, all of Greenwood, for Respondent.

Michael Buist appeals the family court's division of marital assets arguing the court failed to properly assess the fair market value of the marital property. In addition, Mr. Buist appeals the family court's decision to grant primary placement of his and Katie Buist's minor child with Mrs. Buist. Additionally, Mr. Buist challenges the family court's visitation schedule and child support payments. Finally, Mr. Buist alleges the family court erred in failing to make the necessary findings of fact in awarding attorney's fees to Mrs. Buist.

Thursday, January 26, 2012
Courtroom II
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18865   Brenda Thigpen, Employee, Appellant/Respondent, v. Lexington Medical Center, Employer, and Companion Third Party Administrators, Carrier, Respondents/Appellants.

Robert Norris Hill, of Newberry, and Thomas Pinckney Bellinger, of Lexington, for Appellant/Respondent. Grady L. Beard and Nicolas L. Haigler, of Columbia, for Respondents/Appellants.

In this Workers' Compensation case, the parties cross-appeal from the Commission's Order finding claimant gave timely notice, yet failed to establish a causal connection between claimant's work activities and the development of carpal tunnel syndrome.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18871   Geneva Watson, Appellant, v. Xtra Mile Driver Training, Inc., and Hartford Underwriters Insurance Co., Respondents.

Stephen J. Wukela, of Florence, for Appellant. Kathryn Rose Fiehrer, of Charleston, for Respondents.

In this workers' compensation appeal, the employee, Ms. Watson, challenges the Commission's decision to admit into evidence the summary portion of the functional capacity evaluation report. Additionally, Ms. Watson asserts the Commission erred in failing to find her permanently and totally disabled. Ms. Watson also claims the Commission erred in granting her employer, Xtra Mile Driver Training, Inc., credit for all temporary disability compensation paid after the date of maximum medical improvement.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18874   Jerome B. Crites, Jr., Christopher E. Coley, Michael L. Prescott, Louis A. Feher, and Patrick T. Autore, Appellants, v. Frederick Henry Horlbeck, Eleanor Greene Horlbeck, Robert Bradley Company, Inc., Polly Point Plantation Property Owners Association, Inc., Respondents.

Keating L. Simons, III, of Charleston, for Appellants. Henrietta U. Golding, of Myrtle Beach, for Respondents Henry and Eleanor Horlbeck. Ellis R. Lesemann, of Charleston, for Respondent Polly Point Plantation Property Owners. Rita Bolt Barker, of Greenville, for Respondent Robert Bradley Company.

Appellants, several owners of lots in Polly Point Plantation on Wadmalaw Island, filed this action against Polly Point's developer, seeking an order dissolving the Polly Point Plantation Property Owners Association and authorizing Appellants to form a new association. Appellants seek review of the circuit court's order granting partial summary judgment to the developer on the ground that the circuit court improperly interpreted the voting rights provisions in Polly Point's Declaration of Covenants, Conditions, and Restrictions.

Cases to be Submitted Without Oral Argument
18446    The State, Respondent, v. Richard David Ratliff, Appellant.

18533    Willie Singleton and Julia Thomas, Heirs at Law of Victoria Gadson, deceased, Plaintiffs,of whom Willie Singleton, Appellant, v. City of Georgetown Building Official Stephen Stack, Mayor Lynn Wood Wilson, Mayor Pro Temp Brendon M. Barber, Sr., Council Member Clarence Smalls, Council Member Paige B. Sawyer, III, Council Member Rudolph A. Bradley, Council Member Jack Scoville, Director of Building Planning Sabrina Morris, Steve Thomas, City Administrator, and The City of Georgetown, Respondents.

18635    Ernesto Ortiz, #272233, Appellant, v. South Carolina Department of Corrections, Respondent.

18645    Michael Wallace, #134895, Appellant v. South Carolina Department of Corrections, Respondent.

18662    The State, Respondent, v. Kenneth M. Workman, Appellant.

18682    The State, Respondent, v. Randolph F. Ashford, Appellant.

18688    The State, Respondent, v. Marion Floyd Abner, Jr., Appellant.

18692    The State, Respondent, v. Louis Gainey, Jr., Appellant.

18698    The State, Respondent, v. Stanford Brown, Appellant.

18767    The State, Respondent, v. Oduri Lamont Lytes, Appellant.

18771    The State, Respondent, v. Nathaniel McGee, Appellant.

18773    The State, Respondent, v. Antonio R. Trimmier, Appellant.

18800    Sharron R. Latta, f/k/a Sharron R. Dowless, Respondent, v. Donnie R. Phillips, Appellant.

18807    Evelyn Joyce Manley both individually and as Guardian ad Litem for Tiara M., a minor under the age of eighteen, Natasha Manley, Howard Sampson and Bryant Ward, Plaintiffs, Of whom, Evelyn Joyce Manley is the Appellant, v. John Richard Fesperman, Respondent.

18812    Christopher Mitchell, Appellant, v. Effie Mae Mitchell, Respondent.

18813    Ginger Reed, with whom Wayne Marshall Reed, III, is a Co-Plaintiff, Appellant, v. Wayne Marshall Reed, Defendant, In Re: Wayne Marshall Reed, II, Respondent, v. Ginger Reed, Appellant.

19009    The State, Respondent, v. Clastimile Dixon, Appellant.

19010    The State, Respondent, v. Frank Anthony Culp, Appellant.

19011    The State, Respondent, v. Marco Andrea Clark, Appellant.

19012    The State, Respondent, v. Elijah C. Brown, Jr., Appellant.

19019    The State, Respondent, v. Johnnie Jones, Appellant.

19021    The State, Respondent, v. Mahammed Ahamad Atieh (a/k/a Mohammed A. Atieh), Appellant.

19033    The State, Respondent v. Andrea Person, Appellant.

19035    The State, Respondent v. Sheldon Oakman, Jr., Appellant.

19038    The State, Respondent v. James Walter Thompson, IV, Appellant.

19077    Ruth Jonell Dean, Appellant, v. Amanda Tompkins and Anita Robinson, Respondents.

19078    Tracy Jim Edmonds, Appellant, v. Brenda Joyce Edmonds, Respondent.

19086    Tekoa Glover, Appellant, v. South Carolina Department of Corrections, Respondent.

19095    Dontell Daniel McDaniels, Appellant, v. Henry McMaster, Attorney General, James C. Bogle, Assistant Attorney General for South Carolina, Respondents.

19137    City of Columbia, Respondent, v. Luella Bolton, Appellant.

19145    Michael Anthony Rednour, Robert Ray Rednour, Bradford James Rednour, Rodney Jay Rednour, and Nancy Davis Rednour, Respondents, v. Catherine Grigg Rednour, Appellant.

19184    The State, Respondent v. Miguel Ontiveroes, Appellant.

18837    Phillip Flexon, M.D., Respondent, v. PHC-Jasper, Inc., d/b/a Coastal Carolina Medical Center, Coastal Carolina Medical Center, Inc., Lifepoint Hospitals, Inc., and Tenet Healthsystems, Defendants, Of whom, Coastal Carolina Medical Center, Inc., is Appellant.