PREV | February 2007 | 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.
Tuesday, February 6, 2007 | |
Courtroom I
(Court convenes at 11:00
a.m.)
|
|
11:00 a.m. | (Time Limits: 10-10-5) |
14765 The State, Respondent, v. Tony S. Bennett, Appellant. Appellate Defender Aileen P. Clare, of Columbia, for Appellant. John Benjamin Aplin, of Columbia, for Respondent. Appellant pled guilty to distribution of crack cocaine in July 1999 and was sentenced to four years confinement. Upon serving 85 percent of his sentence he was released into the Community Supervision Program (CSP), required of all Class A, B or C felons. Appellant's CSP was revoked for a second time in July 2005 and he was sentenced to one year confinement. Appellanlt contests his CSP revocation claiming he should never have been placed into the CSP program. Appellant asserts he was charged, convicted and sentenced as a Class D felon which did not require him to be placed into CSP.
|
|
11:45 a.m. | (Time Limits: 10-10-5) |
14741 Thomas O'Neal, Rhudean Spencer, Aquilla O'Neal, Jeral H. Smith, Finley O'Neal, Jr., Virgil D.H. O'Neal, Diane P. Kennedy, Linda Butler, Walter O'Neal, Evelyn O'Neal, George O'Neal, Jr., Raye Boyd, Gaye Harper, Cynthia Riley, Santana Ajrboe, Cassandra Horton, and Crystal Mims, Respondents/Appellants, v. Unita Pearson, Hattie Lee Black, Ruby Young, Patrick O'Neal, and (as defendents whose names are unknown) any child or children and any heirs at law or distributees or devisees of the above named persons if they or any of them be dead, and any and all persons entitled to claim by, through or under them, or any of them; also any and all other persons unknown claiming any right, title, estate, interest in or lien upon the real estate described in the complaint herein, all such unknown adults who are sui juris being as a class designated as John Doe and all such persons who are under the age of eighteen (18) years, incompetent, incarcerated, in the military service or suffering under some other legal disability being as a class designated as Richard Roe, Appellants/Respondents. D. Reece Williams, III, and Louis H. Lang, of Columbia, for Appellants-Respondents. E. Crosby Lewis and Raymon E. Lark, Jr., of Columbia, for Respondents-Appellants. Thomas O'Neal and others appeal from the order in which the trial court refused to set aside a deed into Unita Pearson and held O'Neal's claims were barred by laches.
|
|
2:00 p.m. | (Time Limits: 10-10-5) |
14823 Linda Kay Fernandes, Respondent, v. Joseph Carlos Fernandes, Appellant. Gregory Samuel Forman, of Charleston, for Appellant. David Dusty Rhoades, of Charleston, and Cynthia Barrier Patterson, of Columbia, for Respondent. In this domestic action, Husband claims the court erred in granting a divorce on grounds of adultery because inclination to commit adultery was not proven at trial. Husband also alleges the court erred in many of its rulings concerning the equitable distribution of marital assets.
|
|
2:45 p.m. | (Time Limits: 10-10-5) |
14567 City of Columbia, Respondent, v. Marie-Therese Assaad-Faltas, Appellant. Marie T. Assaad Faltas, of Columbia, pro se Appellant. Dana M. Thye, of Columbia, for Respondent. The circuit court reversed the municipal court's grant of Assa'ad-Faltas's motion for a new trial on a prior shoplifting conviction and Assa'ad-Faltas appeals arguing: (1) the City was constitutionally barred from appealing the order granting her a new trial based on after-discovered evidence; (2) the City waived all grounds for appeal; (3) the circuit court failed to properly follow procedural and substantive precedent.
|
|
Wednesday, February 7, 2007 | |
Courtroom I
(Court convenes at 9:30
a.m.)
|
|
9:30 a.m. | (Time Limits: 10-10-5) |
14750 The State, Respondent, v. Daniel Edwards, Jr., Appellant. Tara Shurling, 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 Harold M. Coombs, Jr., of Columbia, and Solicitor John R. Justice, of Chester, for Respondent. The defendant alleges the trial court erred in allowing certain testimony to be entered into the trial, which resulted in his conviction.
|
|
10:15 a.m. | (Time Limits: 10-10-5) |
The following two cases will be heard jointly: | |
14745 Harry Z. Pappas, a/k/a Zachary H. Pappas, and The Judges Chambers Bar & Grille, L.L.C., Appellants,
v.
Ollie's Seafood Grille & Bar, L.L.C.,
Christine B. Goodman, and D. Martin
Goodman, Respondents.
Grahame E. Holmes and Bert G. Utsey, III, of Walterboro, for Appellants. John E. North, Jr., of Beaufort, for Respondents.
|
|
10:15 a.m. | |
14771 Harry Z. Pappas, a/k/a Zachary H. Pappas, and The Judges Chambers Bar & Grille, L.L.C., Appellants, v. Ollie's Seafood Grille & Bar, L.L.C., Christine B. Goodman, and D. Martin Goodman, Respondents. Bert Glenn Utsey, III, of Walterboro, for Appellants. John E. North, Jr., of Beaufort, for Respondents. These combined appeals arise from litigation involving Defendants' purchase of a restaurant from Plaintiffs. At issue in these appeals are (1) the grant of summary judgment to Defendants on Plaintiffs' contractual causes of action; (2) the trial court's refusal to conduct oral argument on Plaintiffs' motion to alter or amend and its failure to request a brief from Plaintiffs in light of this refusal; (3) the grant of summary judgment to Defendants on Plaintiffs' claim for defamation; and (4) the award of attorney fees and costs to Defendants.
|
|
11:00 a.m. | (Time Limits: 15 - 15 - 10 ) |
14833 John J. McCrosson, Appellant, v. Kimberly Paige Tanenbaum, Respondent. Donald Bruce Clark, of Charleston, and Mark O. Andrews, of Mt. Pleasant, for Appellant. Desa A. Ballard, of West Columbia; John S. Nichols, of Columbia; Susan T. Kinard and W. Robert Kinard, of Mt. Pleasant, for Respondent. John J. McCrosson appeals: (1) the family court's failure to award sole custody to husband; (2) the family court's findings of fact concerning wife; (3) the family court's findings of fact concerning husband; (4) the family court's award of child support to wife; (5) the family court's division of the marital estate; and (6) the family court's award of $100,000 in attorneys fees to wife.
|
|
Wednesday, February 21, 2007 | |
Courtroom I
(Court convenes at 2:30
p.m.)
|
|
2:30 p.m. | (Time Limits: 10 - 10 - 5) |
14836 Isiah Porter, Appellant, v. Labor Depot, Employer, and Capital City Insurance Company, Carrier, Respondents. E. Ros Huff Jr., Esq. of Irmo for Appellant. Grady Larry Beard, Esq. of Columbia for Respondents. In this workers’ compensation case, the Appellant contends the Circuit Court erred: (1) as a matter of law in failing to issue more than a form order; and (2) as a matter of law in affirming the finding of the Appellate Panel that the claimant was NOT an employee of Labor Depot.
|
Wednesday, February 7, 2007 | |
Courtroom II
(Court convenes at 2:00
p.m.)
|
|
2:00 p.m. | (Time Limits: 10-10-5) |
14825 Eddie Wayne Eldridge, Charles Louis Beaudrot, Russie Beaudrot Young, Bernard H. Padgett, Homer Charles Walker, and Ray F. Stewart, individually, and on behalf of a class of plaintiffs similarly situated, and Herbert Malcolm Crum, individually, and on behalf of a class of plaintiffs similarly situated, Appellants/Respondents. v. SC Department of Transportation, Respondent/Appellant. J. Kendall Few, of Greer, and Thomas E Hite, Jr., of Abbeville, for Appellants-Respondents. George P. Callison, Jr. of Greenwood, for Respondent-Appellant.
|
|
2:45 p.m. | (Time Limits: 10-10-5) |
14733 Vaughn Development, Inc., Respondent, v. Westvaco Development Corporation, Appellant. G. Dana Sinkler, of Charleston, for Appellant. Frank M. Cisa, of Mt. Pleasant, for Respondent.
|
Cases to be Submitted Without Oral Argument | |
14062 |
The State, Respondent, v. Titonton Belfort, Appellant.
|
14188 |
The State, Respondent, v. Allen Robinson, Appellant.
|
14739 |
Joseph H. Moore, Appellant, v. M.M. Weinberg, Jr., and Weinberg and Brown, LLP, Respondents.
|
14746 |
The State, Respondent, v. William White Rutledge, Appellant.
|
14747 |
The State, Respondent, v. Minyard Lee Woody, Appellant.
|
14751 |
The State, Respondent, v. Andre Terrance Auls, Appellant.
|
14752 |
The State, Respondent, v. Thomas Andrew Gallagher, Appellant.
|
14763 |
The State, Respondent, v. Dennis Harold Crowe, Jr., Appellant.
|
14766 |
The State, Respondent, v. Wanda J. Haithcock, Appellant.
|
14767 |
The State, Respondent, v. Cedric A. Colden, Appellant.
|
14770 |
The State, Respondent, v. Hassan A. Trent, Appellant.
|
14772 |
Patricia Grand Hotel, LLC, Respondent, v. MacGuire Enterprises, Inc., Appellant.
|
14774 |
Village West Horizontal Property Regime, Respondent, v. International Sales and Marketing Group, Appellant.
|
14775 |
Mark D. Watt, individually and as an agent for Diane M. Watt and William J. Watt, Respondent v. Charlie Galloway's Furniture Shop, Inc., d/b/a Furniture Depot Design Center and Charlie M. Galloway, Jr., Appellants.
|
14776 |
Timothy Mark Hopper,Employee/Claimant, v. Terry Hunt Construction, Employer, Uninsured, South Carolina Uninsured Employers Fund, Kajima USA, Inc., Statutory Employer, and Zurich American Insurance Company, Carrier, Defendants, of whom Kajima USA, Inc., Statutory Employer, and Zurich American Insurance Company, Carrier are, Respondents, and South Carolina Employers' Fund is, Appellant.
|
14777 |
Brighton Woods Homeowners' Association, Incorporated, Appellant, v. Four Seventeen, Incorporated and The Ryland Group, Incorporated, Respondents.
|
14778 |
Brickyard Plantation Proprty Owners Association, Inc., Appellant, v. Jose G. Araujo and Madeline A. Araujo, Respondents.
|
14782 |
Elizabeth Redd, Claimant, Respondent, v. Avondale Mills, Inc., Employer, and Willis Corron Adm. Service Group, Carrier, Appellants.
|
14783 |
Lisa Sochko, Respondent/Appellant, v. Jeffrey Sochko, Appellant/Respondent.
|
14784 |
The State, Respondent, v. Tyrone Graddick, Appellant.
|
14821 |
Mary Green, as Guardian for Sateria Bettis, a minor, Appellant, v. Judith Hoover, M.D., Cindy Besson, M.D., Margo Muniz, M.D., and Women's Health Associates, LLC, Respondents.
|
14822 |
Case No. 2003-CP-10-02195 Kevin Gissel and Christina Gissel (Formerly Christina Eckely), Respondents, v. Charles Hart and Gene Hart, Appellants.____________Case No. 2003-CP-10-02703 Wade A. McEachern, Respondent, v. Charles Hart and Gene Hart, Appellants.
|
14824 |
Mace Watts, Respondent, v. Karen Watts, Appellant.
|
14828 |
James H. Dickey, Individually, and as Personal Representative for the Estate of Ruth S. Dickey, Deceased, Plaintiff, Of Whom James H. Dickey, Individually is Appellant, v. Clarke Nursing Home, Cook Associates of Florence, Inc., Carolinas Hospital System, and Does A-Z, Defendants, Of Whom Carolinas Hospital System is the Respondent.
|
14832 |
Chandler Coggeshall and Susan Coggeshall, individually and as Guardians for Minor Child, Lawton Coggeshall, Plaintiffs, Of Whom Chandler Coggeshall and Susan Coggeshall are Appellants, v. Reproductive Endocrine Associates of Charlotte, P.C.; Jack L. Crain, M.D.; and Edward E. Moore, M.D. d/b/a Carolina Center for Fertility and Endocrinology, Respondents.
|
14835 |
Joseph R. McMillan, Jr., Appellant, v. BCG Properties, LLC, Respondent.
|
14837 |
Citifinancial Mortgage, Inc., et al., Respondent, v. Emma Kennedy a/k/a E.B. Kennedy, Transouth Financial Corporation and Greenwood Trust T/A The Discover Card, Defendants, Of Whom Emma Kennedy is the Appellant.
|
14838 |
2001-CP-15-0677 Jorg D. Bewersdorf, Appellant, v. South Carolina Department of Public Safety, Respondent. 2002-CP-15-0136 Jorg D. Bewersdorf, Appellant, v. Colleton County, Respondent. 2002-CP-15-0135 Yvette Bewersdorf, Appellant, v. South Carolina Department of Public Safety and Colleton County, Respondents.
|
14840 |
Bobby Allen Mattox, Respondent, v. Julie Almond Mattox, Appellant.
|
14841 |
Everette H. Newman, Trustee 17, Respondent, v. AFC Enterprises, Inc., Appellant.
|
14844 |
Kenneth L. Amerson, Personal Representative of the Estate of Sally Louise A. Newsome, Appellant, v. Gena Phillips Ervin, Personal Representative of the Estate of Harley A. Newsome, Christine N. Tolson, Individually and as Conservator for Sallie Louise A. Newsome, Deceased, Cely Baker Reynolds, as Guardian ad Litem for Sallie Louise A. Newsome, Deceased, John H. Newsome, Sr., and John H. Newsome, Jr., Defendants, Of Whom Gena Phillips Ervin, Personal Representative of the Estate of Harley A. Newsome, Christine N. Tolson, Individually and as Conservator for Sallie Louise A. Newsome, Deceased, Cely Baker Reynolds, as Guardian ad Litem for Sallie Louise A. Newsome, Deceased are the Respondents.
|
14936 |
South Carolina Department of Social Services, Respondent, v. Eric Moore, Janice Moore, Reisha Erica Aston DOB: 03/01/88, Larissa Lynette Moore DOB: 04/09/89, Eric Colon Moore, Jr. DOB: 07/12/90, Elaina Renee Moore DOB: 08/10/91, Briana Janice Moore DOB: 04/01/93, Jaylon Darryl Moore DOB: 07/11/94, Shatu James Moore DOB: 12/07/95, Shakirah Keona Moore DOB: 01/04/98, Jayda Adrienne Moore DOB: 12/27/99, Alleayah Latia Moore DOB: 05/01/01, Defendants, of whom Janice Moore is the Appellant.
|
15008 |
Charleston County Department of Social Services, Respondent, v. Venice McCaden, Pamela Newton, Chris Ross, Telly Lewis, and Jacob Johannes, Defendants, of whom Venice McCaden is the Appellant.
|