PREV | February 2005 | NEXT |
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.
Monday, February 7, 2005 | |
Courtroom I
(Court convenes at 2:00
p.m.)
|
|
2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
12995 Paul Keller, Appellant v. RDLPW, Inc. and Leon Galloway, Respondents, v. Robert Harrell, Third-Party Defendant. William R. McKibbon, III, and John D. Watts, of Greenville, for Appellant. James Howarth Ritchie, Jr., and Scott F. Talley, of Spartanburg, for Respondents. Plaintiff, Paul Keller, appeals from the grant of a directed verdict concerning his several causes of action emanating from the failure of respondents to transfer corporate stock to him, and the corporation's failure to pay him for services rendered by him to the corporation. He claims the trial court erred in granting the directed verdict because the facts were controverted and, moreover, the court excluded admissible evidence.
|
|
Tuesday, February 8, 2005 | |
Courtroom I
(Court convenes at 9:30
a.m.)
|
|
9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
13223 Margaret R. Hiott, Appellant v. Gerald W. Kelly and Elizabeth R. Kelly, Respondents. Sherwood M. Cleveland, of Columbia, for Appellant. Jack M. Scoville, Jr., of Georgetown, for Respondents. Margaret R. Hiott appeals from the master-in-equity's decision in which the master held Gerald and Elizabeth Kelly did not breach the Agreement of Sale and Purchase of Hiott's house becuase Hiott failed to deliver marketable title to the property.
|
|
10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
13215 The State, Respondent v. Derrin Delesline, Appellant. Jack B. Swerling, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, of Columbia, and Solicitor Ralph E. Hoisington, of Charleston, for Respondent. Derrin Delesline appeals his convictions for distribution of crack cocaine and distribution of crack cocaine in proximity of a school. He argues the trial judge lacked subject matter jurisdiction because the indictments failed to allege the requisite mental state of knowledge. He also argues the trial court erred in admitting a tape recording of the drug transaction.
|
|
11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
13291 In the Interest Of: S., Damion, A Juvenile under the Age of Seventeen, Appellant. Assistant Appellate Defender Eleanor Duffy Cleary, 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 Warren Blair Giese, of Columbia, for Respondent. Questions whether the allegations of a juvenile petition were sufficient to vest the family court with subject matter jurisdiction to accept guilty pleas.
|
|
11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
13164 Lana Dinkins and Oree Dinkins, Appellants v. Kennecott Ridgeway Mining Company, Inc., Kennecott Holding Corporation, and Winnsboro Petroleum Company, Inc., Defendants, Of Whom, Winnsboro Petroleum Company, Inc. is, Respondent. Donald E. Jonas, of Columbia, for Appellants. W. Thomas Lavender, Jr. and Leon C. Harmon, of Columbia, for Respondent. Lana and Oree Dinkins brought this action asserting negligence, negligence per se, assault and battery, and loss of consortium as a result of Lana Dinkins's ingestion of groundwater allegedlly contaminated by leakage from underground storage tanks. The trial court granted Winnsboro Petroleum's motion for summary judgment on all claims, and the Dinkins appeal arguing the court erred in finding, among other things, that Winnsboro Petroleum had no duty to the Dinkins and that the statute of limitations had run.
|
|
2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
13297 Ex parte: South Carolina Department of Probation, Parole and Pardon Services, In Re: The State, Appellant v. Elijah Byrd, Respondent. John Benjamin Aplin, of Columbia, for Appellant. Assistant Appellate Defender Tara S. Taggart, of Columbia, for Respondent. Elijah Byrd pled guilty to felony DUI causing great bodily injury and was sentenced to fifteen years, suspended upon service of time served and five years probation. As a special condition of probation, Byrd was ordered to pay restitution to the attorneys of the victims. The Department of Probation, Parole, and Pardon appeals challenging the court's authority to (1) order restitution payments to anyone other than the Department and (2) waive the statutory twenty percent collection fee.
|
|
2:45 p.m. An additional time limit of 5-5-5 is added for the cross-appeal. | (Time Limits: 10 - 10 - 5) |
13185 Christopher Longshore, Appellant/Respondent v. Saber Security Services, Inc., and Named Individual Marc A. Shafer, Defendants, Of Whom Saber Security Services, Inc., is, Respondent/Appellant, and Named Individual Marc A. Shafer is, Respondent. Karl Bryant Allen, of Greenville, and Max Thomas Hyde, Jr., of Spartanburg, for Appellant-Respondent. R. Hawthorne Barrett, of Columbia, for Respondent-Appellant. Asks if the trial court erred in applying the finding of comparative negligence of the plaintiff in one cause of action to a jury verdict in a separate cause of action, and in declining to rule favorably on other post-trial motions.
|
|
3:30 p.m. | (Time Limits: 10-10-5 ) |
13267 Walter Weimer, Respondent v. Ray Jones a/k/a Raymond Jones, Appellant. Michael S. Seekings, of Charleston, for Appellant. Armand Derfner, Samuel H. Altman, and D. Peters Wilborn, Jr., of Charleston, for Respondent. In this appeal from an arbitrator's award on a claim of unjust enrichment, the question is whether the claim is barred by the statute of limitations.
|
|
Wednesday, February 9, 2005 | |
Courtroom I
(Court convenes at 9:30
a.m.)
|
|
9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
12794 James T. Cowburn, Appellant v. Andrew P. Leventis, Jr. and Fidelity National Bank, Respondents. Joe Mooneyham, of Greenville, for Appellant. John L. B. Kehl and Mason A. Goldsmith, of Greenville; James Timothy White, and P. Jay Pontrelli, of Atlanta, GA, for Respondent Fidelity National Bank. Donald R. Moorhead, of Greenville, for Respondent Andrew P. Leventis. Cowburn filed suit against Leventis and Fidelity National Bank alleging various causes of action, including fraud, breach of fiduciary duty, negligence, unfair trade practices, and violation of South Carolina securities laws. These allegations arise from the "Cash 4 Title" pyramid operation in which Leventis solicited funds from investors, including Cowburn, and assisted investors in opening self-directed individual retirement accounts with Fidelity National Bank to facilitate the transfer of investment funds to Cash 4 Title entities. The trial judge granted summary judgment on all causes of action in favor of Leventis and Fidelity National Bank.
|
|
10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
12949 Gary L. Crotts, Respondent v. Sandra Crotts, Appellant. Kenneth C. Porter, of Greenville, for Appellant. Kathryn Walsh Gooch, of Simpsonville, for Respondent. Sandra Crotts (Wife) appeals the family court's decision to grant Gary L. Crotts (Husband) a divorce on the ground of adultery. She also argues the court erred when it found her claim for alimony barred, effected an improper equitable distribution of the marital estate, failed to award attorney fees, admitted Husband's private investigator's report into evidence, and excluded the testimony of her physician.
|
|
11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
12900 Albert Clay, Respondent v. Debbie Holmes Strother, Appellant. H. Fred Kuhn, Jr., of Beaufort, for Appellant. James Arthur Brown, Jr., of Beaufort, for Respondent. Debbie Holmes Strother appeals from a verdict in favor of Albert Clay on a claim for malicious prosecution. Strother contends the trial court erred in (1) denying her motions for a directed verdict or a JNOV, and (2) denying her request to cross-examine Clay regarding a prior offense.
|
Tuesday, February 8, 2005 | |
Courtroom II
(Court convenes at 10:15
a.m.)
|
|
10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
13209 The State, Respondent v. Matthew Medeiros, Appellant. Michael Dennis McMullen and David I. Bruck, 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 Warren Blair Giese, of Columbia, for Respondent.
|
|
11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
13133 The State, Respondent v. Landrecus Orlando Cowan, Appellant. Assistant 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 Donald J. Zelenka, and Assistant Attorney General S. Creighton Waters, of Columbia, and Solicitor Druanne Dykes White, of Anderson, for Respondent.
|
|
Wednesday, February 9, 2005 | |
Courtroom II
(Court convenes at 9:30
a.m.)
|
|
9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
13216 The State, Respondent v. Russell Carl Carlson, Appellant. Gene McCain Connell, Jr., of Surfside Beach, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General David A. Spencer, of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent.
|
|
10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
13168 Katharine Smith and Margaret Rittenbury, Individually and on behalf of all similarly situated co-owners of the Dockside Horizontal Property Regime, Appellants v. Dockside Association, Inc., a non-profit corporation; and Douglas Berlinsky, Wilbur Burbage, II, Francis G. Cain, Jr., Lydia P. Davidson, William B. Ellison, Grant D. Small, James F. Spann and Johnathan L. Yates, Respondents. Paul A. Dominick and Christopher A. Ogiba, of Charleston, for Appellants. John S. Wilkerson, III, and R. Hawthorne Barrett, of Columbia, for Respondents.
|
|
11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
13144 James W. Smiley, Appellant v. S.C. Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management and Wild Dunes Community Association, Respondents. James S. Chandler, Jr., and Amy Elizabeth Armstrong, of Pawleys Island, for Appellant. Leslie West Stidham, of Charleston, for Respondent SCDHEC/OCRM. Kenneth Krawcheck, of Charleston, for Respondent Wild Dunes Community Association.
|
|
11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
13222 Johnny McMillan, Jimmie Griner and Hughsie Trowell, Respondents v. South Carolina Department of Agriculture, Appellant. Andrew F. Lindemann and William H. Davidson, II, of Columbia, for Appellant. John E. Parker and Ronnie L. Crosby, of Hampton, for Respondents.
|
|
2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
13220 Liberty Mutual Insurance Company, Appellant v. South Carolina Second Injury Fund, Respondent. In Re: Timothy Paul Williams, Employee, v. Tate Metalworks/Liberty Mutual Insurance Company, Employer/Carrier. Pope D. Johnson, III, of Columbia, for Appellant. Robert M. Cook, II, of Batesberg-Leeseville, and Terry Michael Mauldin, of Columbia, for Respondent.
|
|
2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
The following two cases will be heard jointly: | |
13136 The State, Respondent v. Lucius Staten, Appellant. Assistant 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 Donald J. Zelenka, Assistant Attorney General S. Creighton Waters, and Solicitor Warren Blair Giese, of Columbia, for Respondent.
|
|
2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
13137 The State, Respondent v. Dushun Staten, Appellant. Assistant 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 Donald J. Zelenka, Assistant Attorney General S. Creighton Waters, and Solicitor Warren Blair Giese, of Columbia, for Respondent.
|
Cases to be Submitted Without Oral Argument | |
12381 |
The State, Respondent v. Antrea Labert Bellamy, Appellant.
|
13118 |
General Heating and Air Conditioning Co. of Greenville, Inc., Respondent v. SMD Construction, LLC, and Robert L. Scroggs, Jr., Appellants.
|
13121 |
Sandra Shelly, f/k/a Sandra Shelly Foxworth, Respondent v. Carolina Air Services, Inc., E.M. Lemmond, Jr., and David Dolber, Defendants, of whom E.M. Lemmond, Jr., and David Dolber are Appellants.
|
13132 |
The State, Respondent v. Dontriel Marquis Abrams, Appellant.
|
13142 |
Elaine W. McCallum, Appellant v. Beaufort County School District, Self-Insured Employer, through the South Carolina Boards Insurance Trust, Respondent.
|
13153 |
The State, Respondent v. Darnell Alston, Appellant.
|
13161 |
Samuel K. Peoples, Respondent v. Henry Company and Zurich American Insurance Co., Appellants
|
13162 |
Cassandra Robinson, Respondent v. Alvin Robinson, Appellant.
|
13163 |
Lewis Gromyko Walker, Personal representative of the Estate of George Walker, Deceased, Respondent v. Ellen W. Lindsey; Carol T. Jenkins a/k/a Carol T. Scotland; The Provident Bank; CIT Financial; and Connestee Falls Property Owner's Association, Inc, Defendants, of whom Ellen W. Lindsey is the, Appellant and Carol R. Jenkins, a/k/a Carol T. Scotland, The Provident Bank and CIT Financial are, Respondents.
|
13166 |
John May, Appellant v. Nancy Hopson, Respondent.
|
13167 |
Gary P. Tench, as Conservator for Jason Shawn Tench, and individually, Appellant v. The South Carolina Department of Education, Respondent.
|
13170 |
United of Omaha Life Insurance Company, Respondent v. Elaine Helms and Linda R. Cowart, Defendants, Of Whom Elaine Helms is Respondent and Linda R. Cowart is the Appellant.
|
13171 |
Sammy L. Backman, individually and as Administrator of the Estate of Antwon D. Chavis, a minor child and as Father and Next of Kin, Appellant v. Medical University of South Carolina, Respondent.
|
13172 |
Don L. Bundrick and Ann R. Bundrick, Appellants v. East Richland County Public Service District, Respondent.
|
13173 |
Dariell Cooper, Respondent v. Permanent General Assurance Corporation, Appellant.
|
13174 |
James Byrd, Respondent v. Delores B. Byrd, Appellant.
|
13175 |
John Youngblood, Appellant v. QualServe Corporation f/k/a Food Service Holdings, Inc., Respondent.
|
13176 |
Jimmy Randell Anderson, Respondent v. Jennifer Gwaltney Pratt, Appellant.
|
13178 |
South Carolina Department of Social Services, Respondent, v. Theodora Drumming, Walter Drumming, and John Doe, AND Betsy Cornelia Drumming DOB: 04/25/93 Brittany Nicole Drumming DOB: 12/26/94 Stephanie Nicole Drumming DOB: 12/26/94 Latrese Dominique Drumming DOB: 02/29/96, Defendants, of whom Theodora Drumming is Appellant.
|
13183 |
Brenda L. Wooldridge, Appellant v. Greenwood Mills, Inc., Respondent.
|
13184 |
Steele Robinson, Respondent v. George Hassiotis, Appellant.
|
13186 |
Suzannah Force Long, Respondent v. James Neel Long, Appellant.
|
13187 |
Robbie Milton, Respondent v. Glen F. Strickland, MD, James D. Givens, MD, and Southern Surgical Group, LLC, Appellants.
|
13189 |
The State, Respondent v. Derrick L. Brice, Appellant.
|
13192 |
The State, Respondent v. Emmet Tyrone Kelley, Appellant.
|
13193 |
The State, Respondent v. Lonnie C. Kirby, Appellant.
|
13194 |
The State, Respondent v. Jerry Lewis Canty, Appellant.
|
13195 |
The State, Respondent v. James E. Johnson, Appellant.
|
13196 |
The State, Respondent v. Larry Hunter, Jr., Appellant.
|
13197 |
The State, Respondent v. Amen L. Hilliard, Appellant.
|
13198 |
The State, Respondent v. Jimmy H. Causey #1, Appellant.
|
13199 |
The State, Respondent v. Timothy Jones, Appellant.
|
13200 |
The State, Respondent v. Joesherbert Thompson, Appellant.
|
13201 |
The State, Respondent v. Alonzo Richardson, Appellant.
|
13204 |
The State, Respondent v. Chad Odell Leonard, Appellant.
|
13205 |
The State, Respondent v. Garry Eugene Mitchell, Appellant.
|
13206 |
The State of South Carolina, Respondent v. Brandy Lynn Kline Pickelsimer, Appellant.
|
13207 |
The State, Respondent v. William Taylor Lambert, Appellant.
|
13208 |
The State, Respondent v. Markei Robinson, Appellant.
|
13210 |
The State, Respondent v. Demar Moore, Appellant.
|
13211 |
The State, Respondent v. Sharon Richey, Appellant.
|
13212 |
The State, Respondent v. John E. Stone, Appellant.
|
13213 |
The State, Respondent v. Tyrone Shumpert, Appellant.
|
13214 |
The State of South Carolina, Respondent v. Marc Pimsler, Appellant.
|
13217 |
The State, Respondent v. Timothy Darrell Davis, Appellant.
|
13218 |
The State, Respondent v. Freddie Lee Glover, Appellant.
|
13219 |
The State, Respondent v. William David Dove, Appellant.
|
13225 |
Heyward Williams, Appellant v. State of South Carolina, Respondent.
|
13226 |
Kimberly Patterson, Appellant v. Yancy Patterson, Respondent.
|
13230 |
James Bruce Saxon, Jr., Appellant v. Curtis Stokes, M.D., Respondent.
|
13231 |
Julius Stokes, Appellant v. State of South Carolina, Respondent.
|
13232 |
Greg S. Baker, Respondent v. Williams Roofing and Construction, Appellant.
|
13238 |
The State, Respondent v. Larry D. Herring, Appellant.
|
13240 |
The State, Respondent v. Thomas Edward Brown, Appellant.
|
13258 |
City of Columbia, Respondent, v. Marie Therese Assaad- Faltas, Appellant.
|
13266 |
The State, Respondent v. Esau Davis, Appellant.
|
13273 |
Debra M. Knight, Respondent v. Jack Knight, Jr., Appellant.
|
13292 |
The State, Respondent v. Melissa Passmore, Appellant.
|
13293 |
The State, Respondent v. Bobby Joe Reeves, Appellant.
|
13303 |
Reginald A. McLemore, Appellant v. Mary Dreher, Respondent.
|
13304 |
The International Order of Foresters, Plaintiffs v. Louise Johnson, Carrie B. Johnson, and Cecil Yonce, Jr., Defendants, of whom Carrie B. Johnson is, Appellant, and Cecil Yonce, Jr., is, Respondent.
|
13317 |
Debra Clinton, Appellant v. West American Insurance Company, a member of the Ohio Casualty Group, and Palmetto Insurance Assoc., Inc., Defendants, of whom West American Insurance Company is Respondent.
|