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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.
Wednesday, February 11, 2004 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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Wednesday, February 11, 2004 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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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.
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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.
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Cases to be Submitted Without Oral Argument | |
11579 |
The State, Respondent v. Raymond Robert Berggrum, Appellant.
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11911 |
BB&T of South Carolina, Appellant v. Patricia W. Fuller, Respondent.
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11912 |
Branch Banking and Trust Company, Appellant v. Wilson L. Pickens, Respondent.
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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.
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11987 |
Susan F. Van Epps, Appellant-Respondent v. Leslie D. Stewart, Respondent-Appellant.
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12008 |
Mappin Industries, Inc., and Roberta L. Mappin, Appellants v. Larry V. Mullins and CMC & Associates, Respondents.
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12022 |
Deloitte & Touche, LLP, Appellants v. Unisys Corporation, Respondents.
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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.
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12030 |
Delores Matthews, Respondent v. Richland County School District One, Appellant.
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12032 |
Betty L.S. Judy, Respondent v. Marion S. Howell and Ronnie L. Elrod, Defendants, of whom Marion S. Howell is Appellant.
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12035 |
Ghanshyam "Danny" Patel, Respondent v. Vinod Patel, Appellant.
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12068 |
Pamela Ann Lautner, Respondent v. Jack Louis Lautner, Appellant.
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12147 |
Tony Lovette, Rudolph S. Scott, Jr., and Julius Higgins, Appellants v. Sonoco Products Company, Respondent.
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12179 |
The State, Respondent v. Worley Lee Brown, Appellant.
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12426 |
The State, Respondent v. Michael Dunbar, Appellant.
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