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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.
Wednesday, February 11, 2004
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
11445   Mark W. Ellis, individually, and in the right of American Survey, Inc., Appellant v. Eric J. Davidson, L. Russell Bennett, Jarrel L. Wigger, Mark W. Weeks, Kelly Davis, American Survey, Inc., Davidson and Bennett, Absolute Survey, Inc., jointly and severally, Respondents.

David Dusty Rhoades, of Charleston; and Cynthia Barrier Castengera, of Newland, NC, for appellant. M. Dawes Cooke, Jr., and K. Michael Barfield, both of Barnwell, Whaley, Patterson & Helms, of Charleston, for respondents.

In this appeal from a grant of partial summary judgment, Appellants primarily argue the trial judge erred in: (1) finding there was no attorney/client relationship created between Respondent attorneys and Appellants, and, as a result, granting summary judgment in favor of Respondents on the causes of action for breach of fiduciary duty and attorney malpractice; (2) refusing to consider an expert witness affidavit; (3) granting summary judgment as to all causes of actions against one of the parties to the suit; and (4) granting summary judgment when there were outstanding motions and discovery.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
11971   Norris Samuel Law, III, Respondent v. Penny Jean Morris Law, Appellant.

David L. DeVane, of Charleston, for appellant. Margaret D. Fabri, of Charleston, for respondent. Guardian ad Litem: Laree Anne Hensley, of North Charleston.

In this child custody case, Mother appeals the family court's modification of a prior order that granted the parties joint legal custody of their minor child, with primary custody to the mother. The family court modified the order by granting Father sole custody and Mother visitation every other weekend. Mother argues on appeal that the family court erred in (1) granting sole custody to Father absent a showing of a change in circumstances materially affecting the welfare of the child, (2) restricting Mother's visitation, (3) failing to give proper weight to the recommendation of the Guardian ad Litem, (4) awarding Father attorney's fees, and (5) approving the final order which Mother alleges contains numerous statements in error.

 12:30 p.m. (Time Limits: 10 - 10 - 5 )  
11989   QZO, Inc., d/b/a Palmetto Ambulance Service, Respondent v. Darrin Moyer, Jerry Benenhaley, Alice Childers, of whom Darrin Moyer is Appellant.

William E. Hopkins, Jr., of Columbia; and Kevin S. Little, of Atlanta, GA, for appellant. John E. Schmidt, III, Travis Dayhuff and Daniel J. Westbrook, all of Nelson, Mullins, Riley & Scarborough; and Blaney A. Coskrey, III, all of Columbia, for respondent.

This civil action involves whether the Circuit Court erred in (1) denying Appellant’s Motion to Dismiss based upon lack of personal jurisdiction; (2) issuing an ex parte temporary restraining order which provided no notice or opportunity to be heard by Appellant; (3) sanctioning Appellant for an alleged violation of the temporary restraining order; and (4) striking the answer of Appellant and rendering a default judgment against Appellant.

Wednesday, February 11, 2004
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
10904   The State, Respondent v. John Brinson, Appellant.

Alysoun Meree Eversole, of Beaufort, 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 Randolph Murdaugh, III, of Hampton, for respondent.

Brinson appeals his convictions for first-degree criminal sexual conduct, first-degree burglary, and kidnapping. He asserts the trial judge erred by failing to grant a mistrial where an officer testified he matched fingerprints found at the crime scene with Brinson’s fingerprint card in the sexual offender registry. Additionally, the case involves whether the circuit court was deprived of subject matter jurisdiction for the offenses of first-degree burglary and first-degree criminal sexual conduct when the State was allowed to amend the aggravating circumstances for each offense as found in the original indictments.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
12007   KCI Management Corporation and Alexis Pierre Kisteneff, Respondents v. Bara Post, Individually and as Personal Representative of the Estate of Malcolm Post, deceased, Appellant.

James C. Parham, Jr., and William M. Wilson, both of Wyche, Burgess, Freeman & Parham, of Greenville; and Laurence M. Johnson, of Boston, MA, for appellant. Robert C. Wilson, Jr., of Greenville; Robert "Sam" Phillips and Richard R. Gleissner, both of Finkel & Altman, of Columbia, for respondents.

KCI Management Corporation brought this declaratory judgment action to determine the rights of Malcolm Post in properties that were part of real estate developments. A jury found the parties had not entered into a partnership regarding real estate development. Bara Post, Individually and as Personal Representative of the Estate of Malcolm Post, appeals arguing: (1) the trial court erred in its response to questions from the jury as to how many factors are required to form a partnership; (2) the trial court erred in instructing the jury on the factors necessary to form a contract; and (3) there is no evidence to reasonably support the jury’s verdict.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
11988   Video Gaming Consultants, Inc., Respondent v. South Carolina Department of Revenue, Appellant.

Carol I. McMahan, Nicholas P. Sipe and Harry T. Cooper, Jr., all of Columbia, for appellant. H. Buck Cutts, of Surfside Beach, for respondent.

The South Carolina Department of Revenue appeals the trial court’s award of attorneys’ fees to Video Gaming Consultant, Inc., pursuant to S.C. Code Ann. § 15-77-300 (Supp. 2003).

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
12017   John D. Wimberly, Appellant-Respondent v. Wayne Barr, Steve Rutland and Roy Rutland, d/b/a Southwell Logging and Roy Rutland Logging and Southeastern Forest Products, Inc., Respondents-Appellants.

Todd Raymond Ellis, of Columbia, for appellant-respondent. Robert Buffington, of Haynsworth, Sinkler & Boyd, of Columbia; and Arthur E. White, Jr., of W. Columbia, for respondents-appellants.

This case involves the wrongful harvesting of timber. In this cross-appeal from the jury verdict, Wimberly argues the circuit court erred in holding S.C. Code Ann. § 16-11-615 (2003) was Wimberly’s exclusive remedy, thus reducing his actual damages to three times the market value of the timber cut. Barr argues the circuit court erred in failing to reduce the jury’s award of both actual and punitive damages to three times the value of the timber.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
12268   Cheryl Howard Craig, Respondent v. William Rhett Craig, III, Appellant.

Jean Perrin Derrick, of Lexington; and Stuart G. Anderson, Jr., of Greenville, for appellant. T. Preston Reid, of Greenville, for respondent.

Wife appeals the trial court’s order awarding alimony, dividing the marital estate, valuing the personal property, and granting Wife a special equity in Husband’s non-marital assets.

Cases to be Submitted Without Oral Argument
11579    The State, Respondent v. Raymond Robert Berggrum, Appellant.

11911    BB&T of South Carolina, Appellant v. Patricia W. Fuller, Respondent.

11912    Branch Banking and Trust Company, Appellant v. Wilson L. Pickens, Respondent.

11982    Regina P. Alberti, Guardian ad Litem for William Cadden, a minor under the age of ten (10) years, and William Cadden, a minor under the age of ten (10) years, Appellants v. Catawba Insurance Company, Respondent.

11987    Susan F. Van Epps, Appellant-Respondent v. Leslie D. Stewart, Respondent-Appellant.

12008    Mappin Industries, Inc., and Roberta L. Mappin, Appellants v. Larry V. Mullins and CMC & Associates, Respondents.

12022    Deloitte & Touche, LLP, Appellants v. Unisys Corporation, Respondents.

12023    James F. Bethea, MD, et al., Appellants v. The South Carolina Workers' Compensation Commission, et al., Defendants, of whom The South Carolina Workers' Compensation Commission is the Respondent.

12030    Delores Matthews, Respondent v. Richland County School District One, Appellant.

12032    Betty L.S. Judy, Respondent v. Marion S. Howell and Ronnie L. Elrod, Defendants, of whom Marion S. Howell is Appellant.

12035    Ghanshyam "Danny" Patel, Respondent v. Vinod Patel, Appellant.

12068    Pamela Ann Lautner, Respondent v. Jack Louis Lautner, Appellant.

12147    Tony Lovette, Rudolph S. Scott, Jr., and Julius Higgins, Appellants v. Sonoco Products Company, Respondent.

12179    The State, Respondent v. Worley Lee Brown, Appellant.

12426    The State, Respondent v. Michael Dunbar, Appellant.