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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.
Thursday, February 13, 2003
Courtroom I
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
11059   Warren Lynn and Equity Marketing, LLC, Appellants v. Rebashares Development Company, LLC, Timeshares Guarantee, Inc., Reba Management, Inc., Dwight R. Trew and Judy Trew, Respondents.

Daryl G. Hawkins and Amy L. Balcome, both of Lewis, Babcock & Hawkins, of Columbia, for appellants. W. Thomas Vernon, of King & Vernon; and Joseph M. McCulloch, Jr., both of Columbia, for respondents.

This is an action alleging numerous causes of action relating to an agreement between the parties regarding the sales of timeshare units at a resort on Hilton Head Island. Appellant appeals from the trial court's dismissal of all causes of action except that alleging breach of contract.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
11029   Case No: 1996-DR-28-795 Diane Shannon, Respondent v. George Shannon, Appellant. And Case No: 2001-DR-28-258 George L. Shannon, Appellant v. Teresa Diane Shannon, Respondent.

James W. Corley, of Columbia, for appellant. Carlos W. Gibbons, Jr., of Columbia, for respondent.

Must a former spouse continue paying alimony when the recipient is missing and her whereabouts are unknown?

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
11297   The State, Respondent v. LaQuinces Delvecchio Davis, Appellant.

Chief Attorney Daniel T. Stacey, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor Thomas E. Pope, of York, for respondent.

This appeal involves the sufficiency of probable cause to support a search warrant for a defendant's hotel room.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
10999   Thomas Trancik, M.D., P.A., Appellant v. USAA Insurance Company and Rosemary Wiggs, Respondent.

Paul Clarendon Ballou, of Columbia, for appellant. Robert W. Buffington, of Haynsworth, Sinkler & Boyd, of Columbia, for respondent.

This appeal involves the validity of an assignment of potential lawsuit proceeds from an injured party to her doctor.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
11030   Carolina Land Clearing Corp., Respondent v. SAFECO Insurance Company of America, Appellant.

Thomas H. Pope, III, and W. Chad Jenkins, both of Pope & Hudgens, of Newberry, for appellant. Albert A. Lacour, III, of Clawson & Staubes, of Charleston, for respondent.

This is an action on a payment bond under S.C. Code Ann. §57-5-160 by a subcontractor against the bonding company.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
10446   The State, Respondent v. Delbert Louis Smalls, Appellant.

Assistant Appellate Defender Robert M. Pachak, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Ralph E. Hoisington, of Charleston, for respondent.

Can a person indicted for second-degree lynching plead to ABHAN by signing a waiver of presentment where no ABHAN indictment was ever prepared?

Tuesday, February 25, 2003
Courtroom I
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 5 - 5 - 5)  
11519   The State, Respondent v. Jimmy Dodd, Appellant.

Chief Attorney Daniel T. Stacey, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General W. Rutledge Martin, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for respondent.

Mr. Dodd appeals his conviction for armed robbery, arguing the State failed to prove the corpus delecti of armed robbery aliunde his confession.

 10:15 a.m.           Actual Hearing Time: 10:20 a.m. (Time Limits: 5 - 5 - 5)  
11474   The State, Respondent, v. Bruce Green, Appellant.

Assistant Appellate Defender Aileen P. Clare, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General W. Rutledge Martin, all of Columbia; and Solicitor Randolph Murdaugh, III, of Hampton, for respondent.

 10:30 a.m.           Actual Hearing Time: 10:40 a.m. (Time Limits: 5 - 5 - 5)  
11514   The State, Respondent v. Bobby Watson, Appellant.

Assistant Appellate Defender Eleanor Duffy Cleary, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Jay E. Hodge, Jr., of Cheraw, for respondent.

Mr. Watson appeals his convictions for first degree criminal sexual with a minor and committing a lewd act upon a child under the age of sixteen years, arguing the trial court erred in not allowing him to present surrebuttal testimony in response to the State's reply evidence.

 10:45 a.m.           Actual Hearing Time: 11:00 a.m. (Time Limits: 5 - 5 - 5)  
11463   The State, Respondent v. Douglas Edward McCloud, Appellant.

Assistant Appellate Defender Eleanor Duffy Cleary, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Charles H. Richardson, all of Columbia; and Solicitor John R. Justice, of Chester, for respondnet.

This criminal appeal concerns whether the trial court had subject matter jurisdiction over appellant's indictment for criminal domestic violence of a high and aggravated nature.

Tuesday, February 11, 2003
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
11125   The State, Respondent v. Tyrone Edward Fowler, Appellant.

Assistant Appellate Defender Robert M. Dudek, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Donald J. Zelenka and Assistant Attorney General S. Creighton Waters, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for respondent.

This criminal appeal alleges error in the trial court's refusal to allow cross-examination regarding a witness's bias and credibility.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
10947   Edgar Scott, as parent and natural guardian of Zacharias Scott, a minor under the age of fourteen years, Appellant v. Greenville Housing Authority, as owner and operator of Pierce Homes, Respondent.

John Robert Peace, of Greenville, for appellant. Merl F. Code and E. Delane Rosemond, both of Code & Rosemond, of Greenville, for respondent.

This civil action involves whether the Circuit Court abused its discretion under Rule 36, SCRCP, by holding as a matter of law that an admission under Rule 36 cannot alter factual issues pled by the parties at the outset of the litigation.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
10703   Carolina Waste Resources Development, Inc., Respondent v. Horry County Solid Waste Authority, Inc., Appellant.

Ellison D. Smith, IV, and Stan Barnett, both of Smith, Bundy, Bybee & Barnett, of Mt. Pleasant; James B. Richardson, Jr., of Richardson & Birdsong, of Columbia; and David E. Martin, of DuRant & Martin, of Myrtle Beach, for appellant. Richard M. Lovelace, Jr., and Matthew R. Magee, both of Conway, for respondent.

This case involves a petition by Carolina Waste for a writ of mandamus directing the Horry County Waste Authority to suspend a moratorium on the processing of applications for Letters of Consistency.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
11286   The State, Respondent v. Oscar Roy Padgett, Appellant.

Senior Assistant Appellate Defender Wanda H. Haile, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Donald V. Myers, of Lexington, for respondent.

This criminal appeal alleges error in the trial judge’s denying appellant’s motion for a directed verdict on the grounds of (1) lack of jurisdiction and (2) no reasonable suspicion for a traffic stop.

Cases to be Submitted Without Oral Argument
10970    Seaside Development Corporation, a South Carolina Corporation, Appellant v. George W. Chisholm, Respondent.

10971    Charlotte Ann Smith and Mary Joe Moore, Appellants v. Nationsbank of South Carolina, a Corporation formerly Rock Hill National Bank, Respondent.

10990    Bobby J. Riggs, Appellant v. Hearl Corporation, Henry Ridge, Sr., a/k/a Hank Ridge, individually, and Horton Homes, Inc., Respondents.

10995    TWC, Inc., and North American Specialty Insurance Company, Appellants v. Dorchester County School District, Respondent. TWC, Inc., Third Party Plaintiff v. Virginia Segres t/a Williamsburg Masonry, Davis Roofing & Sheet Metal, Inc., Mt. Pleasant Mechanical, Inc., and Mescon's Inc., Third Party Defendants, North American Specialty Insurance Company, Fourth Party Plaintiff v. Southern Management Group and McKellar & Associates, Inc., Fourth Party Defendants.

10996    Gilbert Smith, Appellant v. Michelin North America, Inc., John Fitts and Leon Jocklic, Respondents.

11007    Health Promotion Specialists, LLC, and Palmetto Dental Care, LLC, Appellants v. South Carolina Board of Dentistry, South Carolina Dental Association, Dr. Charles Maxwell, Dr. Charles E. Millwood, and James H. Zorn, Jr., Defendants, of whom South Carolina Board of Dentistry and Dr. Charles Maxwell are Respondents.

11021    Margaret Murray, Respondent v. Bank of America, N.A., formerly known as NationsBank, N.A., Appellant.

11032    John P. Brown, Appellant v. Spartanburg County, Spartanburg County Public Defender's Office, Spartanburg County Detention Facility, Respondents.

11033    Helen Bonaparte, Respondent v. Ambler Industries, Inc., as Employer, and Great Northern Ins. Co., as Carrier, Appellants.

11056    James P. Mastronardi/Joe H. Norwood, d/b/a Ultra Tan, Inc., Appellants v. South Carolina Department of Health and Environmental Control, Respondent.

11057    The Market at Shaw, Inc., Appellant v. William H. Hoge, Planning Director, Sumter City/County Planning Commission, the County of Sumter, and its duly constituted agencies the Sumter City/County Planning Commission and the Zoning Board of Appeals, Respondents.

11058    The Manal Project, Inc., and CFS, Inc., Plaintiffs, of whom CFS, Inc., is Appellant v. Tim Good, Respondent. And Tim Good, Third Party Plaintiff, Respondent v. W.G. Larry Woodes, Third Party Defendant, Appellant.

11065    Barry Bobo, Appellant v. Wal-Mart Stores, Inc., Respondent.

11313    City of Florence, Respondent v. Phillip Tanner, Appellant.

11314    The State, Respondent v. Hules L. McCloud, Appellant.

11316    The State, Respondent v. Larry Williams, Appellant.

11317    The State, Respondent v. Christopher Inglese, Appellant.

11319    The State, Respondent v. Curtis Frank Cuccia, Appellant.

11340    The State, Respondent v. Robert Brown, Appellant.

11342    The State, Respondent v. Billy Ray Smith, Appellant.