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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.
Monday, February 6, 2006
Courtroom I
(Court convenes at 2:00 p.m.)
 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
14083   Tammy Matthews Kay, Respondent v. Ben Franklin Kay, Appellant.

Stephen D. Schusterman, of Rock Hill, for Appellant. Michael Benjamin Smith and Thomas F. McDow, of Rock Hill, for Respondent.

Husband appeals from an order of the family court, arguing (1) he was denied due process when the family court determined he was capable of representing himself, and (2) the family court erred in awarding Wife a special equity interest in certain property.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
14014   Kathleen L. Gadson, Employee, Respondent v. Mikasa Corporation, Employer, and The Yasuda Fire & Marine Insurance Co., Carrier, Appellants.

Duke K. McCall, Jr., of Greenville, for Appellants. Thomas M. White, of Goose Creek, for Respondent.

In this workers' compensation appeal, the appellant posits two issues: (1) the circuit court erred in affirming the Workers' Compensation Commission's finding that Gadson had reached maximum medical improvement and was totally and permanently disabled; and (2) the circuit court erred in adopting the Commissioner's acceptance of the report of Jean Hutchinson as an expert in vocational evaluation and as a certified rehabilitation counselor, who had filed an APA submission pursuant to Regulation 67-611.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
14058   Cedar Cove Homeowners Association, Inc., Respondent v. Rudy DiPietro and Margaret L. DiPietro, Appellants.

Rolf Mouin Baghdady, of Chapin, for Appellants. Spencer Andrew Syrett, of Columbia, for Respondent.

In this civil appeal, appellants posit twenty-two (22) issues. Appellants are homeowners in a homeowners association. Appellants constructed a patio on their property and on the "common area." The legal issues run the spectrum and gamut from trespass, substantial completion, cease and desist, enhancement, ouster, laches, and to spite and personal vendetta.

Tuesday, February 7, 2006
Courtroom I
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14084   Robert David Johnson, Respondent v. Santee Cooper, Employer, and SC Public Service Authority, Carrier, Appellants.

Kirsten Leslie Barr, of Mt. Pleasant, for Appellants. Stephen B. Samuels, of Sumter, for Respondent.

In this Workers' Compensation appeal, appellants posit three issues: (1) whether substantial evidence supported the Workers' Compensation Commission's factual finding that Claimant sustained a compensable injury to his back as a result of the repetitive trauma of operating the "Versatile" (a Versatile is similar to a log skidder with big tires and a big cutting deck which can be operated from the front and back in uneven swampy ground); (2) whether substantial evidence supported the Commission's finding that Claimant gave timely notice to the employer of his injury pursuant to S.C. Code Ann. Section 42-15-20; and (3) whether Claimant was entitled to temporary total disability when it was undisputed that he was under work restrictions as a result of his injury and the employer failed to offer employment suitable to his capacity.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
13991   Robert W. Horsey, Appellant v. Bonnie B. Horsey, Respondent.

James H. Babb, of Sumter, for Appellant. Harry C. Wilson, Jr., of Sumter, for Respondent.

Robert W. Horsey appeals the family court's order declaring he and Bonnie B. Horsey agreed to modify their written settlement agreement. Horsey argues (1) the family court lacked jurisdiction to order a modification of the agreement, (2) the family court violated his right to due process, and (3) the family court abused its discretion in modifying the agreement without an evidentiary hearing.

Wednesday, February 8, 2006
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14012   Scott Unger, a New York Individual; Mitchell Realty, Inc., a South Carolina Corporation; and Craftmasters General Contractors, Inc., a South Carolina Corporation, Appellants/Respondents v. Theodore Leviton, a New York Individual; Fountainbrook Associates, LLC, a South Carolina Corporation; and Grand South Bank, a South Carolina Banking Institution, Defendants, Of Whom Theodore Leviton, a New York Individual; and Fountainbrook Associates, LLC, a South Carolina Corporation are the Respondents/Appellants.

J. Stephen Welch, of Greenwood, and John S. Nichols, of Columbia, for Appellants/Respondents. James E. Bryan, Jr., of Laurens, and Thomas J. Thompson, of Laurens, for Respondents/Appellants.

These appeals arise from a lawsuit alleging numerous causes of action arising from a failed real estate development project. Plaintiffs appeal the grant of partial summary judgment on their complaint. Defendants cross-appeal an order finding them in contempt for failing to provide an accounting during the pendency of the litigation.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14093   Carrie Pasley, Respondent v. Marvin Pasley, Appellant.

Alexander Blair Cash, of Charleston, for Appellant. George E. Counts and Kelvin M. Huger, of Charleston, for Respondent.

In this appeal from a domestic action, Husband challenges the family court's determination of what assets and debts constituted the marital estate.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14047   Squirewell Builders, Inc., Respondent v. Samuel A. Frederick and Marylin Frederick, Appellants.

Paul Winford Owen, Jr., of Columbia, for Appellants. Heath Preston Taylor, of West Columbia, for Respondent.

Poses the question of the types of evidence necessary to sustain a mechanic's lien foreclosure action where there is a written contract between the parties.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
14070   Auto-Owners Insurance Company, Respondent v. Darnasai Hamin and Vermelle Simmons, her Conservator, Appellants.

Shannon Lee Felder, of Columbia, and Michael Stuart Davenport, of Wilmington, NC, for Appellants. Thomas E. Player, Jr., of Sumter, for Respondent.

This case involves the application of an exclusionary clause in a homeowner's policy, and whether a fire that was admittedly started intentionally by one occupant of the premises was intended to cause a loss within the meaning of the policy terms.

Tuesday, February 7, 2006
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14057   Michael C. Walters, Appellant v. Laura A. Pitts, Respondent.

Jim S. Brooks, of Spartanburg, for Appellant. Michael Todd Thigpen, of Spartanburg, for Respondent.

Father appeals the family court's order awarding Mother retroactive child support, requiring him to make his payments through the office of the Clerk of Court, and awarding Mother attorney's fees and costs.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
13829   James Southard, Jr., and Developments Unlimited, LLC, Respondents v. Lee Pye, Russ Pye and Justin Enterprises, a South Carolina General Partnership, Appellants.

Linda Weeks Gangi, of Conway; Bonnie Travaglio Hunt, of Charleston; and John S. Nichols, of Columbia, for Appellants. G. Thomas Hill, of Ravenel, for Respondents. Timothy Alan Domin, of Charleston, for Amicus Curiae State Farm Insurance Co.

In this insurance action, Appellants assert the trial court erred in compelling a settlement between Respondents and Appellants' insurance carrier over their objection.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14080   Wells Fargo Home Mortgage, Respondent v. Eric C. Salas, South Carolina Worker's Compensation Uninsured Employers Fund, Gannett Pacific Corporation, The Greenville News-Piedmont Company and South Carolina Department of Revenue, Defendants, of whom Eric C. Salas is the Appellant.

Randall S. Hiller, of Greenville, for Appellant. Peter D. Korn and Henry Guton Murrell, of Columbia, for Respondent.

In this foreclosure action, Eric C. Salas appeals the trial court’s order denying his motion to set aside a default judgment and his motion to set aside the public sale of his Greenville County property. Salas argues the master erred in denying his motion to set aside the default judgment because service upon his eleven year old step-son was improper. Salas argues the master erred in denying his motion to set aside the public sale of his property because the highest bidder did not comply with the master in equity’s order.

Cases to be Submitted Without Oral Argument
13756    Edward D. Sloan, Jr., individually, and on behalf of all others similarly situated, Appellant v. Thomas L. Wagner, Jr., State Auditor, Respondent.

13925    Tim Williams, Appellant v. Douglas A. Churdar and Robert Cook, Respondents.

14016    Tarrie J. Powell, Respondent v. Talbot's, Inc., and Travelers Indemnity Company, Appellants.

14018    Marlene C. Yochem, Respondent v. Robert C. Yochem, Appellant.

14021    Patricia A. Hocker, Respondent v. Michael B. Hocker, Appellant.

14023    Michelle Oaklan, Respondent v. John Oaklan, Appellant.

14024    R.J. Casale, Respondent v. Stivers Chrysler-Jeep, Inc., Stivers Automotive of Lexington, Inc., John Stivers, and Tommy M. Storey, Appellants.

14025    Ex Parte: Safety National, Surety for South Carolina Bonding Company Surety, Appellant, In Re:State of South Carolina, Respondent v. Abdul Dunham, Defendant.

14026    Ex Parte: Safety National, Surety for South Carolina Bonding Company Surety, Appellant In Re:State of South Carolina, Respondent v. Alfredo Hernandez, Defendant.

14027    Cody Discount, Inc., Respondent v. Audrey Merritt, Appellant.

14028    John J. Sweeney, Appellant v. Doris M. Sweeney, Respondent.

14034    City of Beaufort, Respondent v. Quais L. Shuler, Appellant.

14044    Phyllis Arlene Trammell, Appellant v. Bradshaw Automotive Group, Inc., Respondent.

14045    Cindy Barrett Garnett, Plaintiff v. WRP Enterprises, Inc. & Revmax, Inc. d/b/a Thrifty Car Rental, and Philadelphia Insurance Company, Defendants, Of whom Philadelphia Insurance Company is the Appellant, and Cindy Barrett Garnett, WRP Enterprises, Inc. & Revmax, Inc. d/b/a Thrifty Car Rental are the Respondents.

14048    Beverly M. Ffrench, Appellant,, v. Adolph F. Ffrench, Respondent.

14055    Ernest Hagood, Appellant v. Brenda S. Sommerville, Respondent.

14056    Kristy and Scott Hambrick, and Others Similarly Situated, Appellants v. GMAC Mortgage Corporation D/B/A Ditech.com, and Milton R. Cooley, an Agent, and John Doe, on behalf of other undiscovered Defendant Agents, Defendants, Of Whom GMAC Mortgage Corporation d/b/a Ditech. com is Respondent.

14060    Caroline C. McKee, Respondent v. Jesse C. Brown, Appellant.

14064    The State, Respondent v. Justin Lamar Allen, Appellant.

14068    Gregory S. Hart, Appellant v. Cynthia Hart, Respondent.

14069    Dianne Elizabeth Huggins, Appellant v. Christopher W. Catledge, Respondent.

14073    Vanessa Perkins, Respondent v. Curtis Zeigler and Curtis Zeigler d/b/a Windjammer 3000 and Joe Green, Defendants, of whom Curtis Zeigler and Curtis Zeigler d/b/a Windjammer 3000 are the Appellants.

14086    Eileene Coleman, Respondent v. Standard Insurance Company and The State Budget and Control Board, a political subdivision of the State of South Carolina, Appellants.

14089    Jeff Young and Shonya Young, Appellants v. Tracy Alan Greene and Ted Anthony Greene, Respondents.

14091    Louise Smith, Respondent v. Larry Bloome, Appellant.

14129    Steve Hurley and Julie Hurley, Respondents v. April Main, Keith Haynes, John Doe (Unknown Father), and Dorchester County Department of Social Services, Defendants, of whom April Main is the Appellant. In Re: Anya Haynes and Azariah Haynes, minors under the age of eighteen (18) years.

14133    South Carolina Department of Social Services, Respondent v. Dale Ferguson, Melissa Ferguson, Lynn Sweatt, Defendants, of whom Dale Ferguson is the Appellant. IN THE INTEREST OF:Amber Ferguson DOB: 08/14/91 Laurel Ferguson DOB: 09/18/89 Robert Ferguson DOB: 06/09/87 Breanna Ferguson DOB: 08/15/99 Dale Ferguson, Jr. DOB: 02/22/01 Minor Children Under the Age of 18