PREV | February 2010 | 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 2, 2010 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
17007 The State, Respondent, v. John Brayboy, Appellant. Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General William Edgar Salter, III, of Office of the Attorney General, of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent. In this criminal matter, John Brayboy appeals his murder conviction and forty year sentence in the death of his girlfriend. He argues the trial court erred in failing to charge the jury on involuntary manslaughter.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
17248 William R. Crews, Employee, Claimant, Respondent, v. W. R. Crews, Inc. & Architectural Railings and Grilles, Employers, and Liberty Mutual Insurance Corp., and The Hartford, Carriers, and South Carolina Worker's Compensation Uninsured Employer's Fund, Defendants, of whom W. R. Crews, Inc. & Architectural Railings and Grilles, Employers, The Hartford, Carrier, and South Carolina Worker's Compensation Uninsured Employer's Fund are, Respondents, and Liberty Mutual Insurance Corp. is the Appellant. Allison Molony Carter, of Charleston, for Appellant. John E. Parker, of Hampton, for Respondent William Randy Crews, Employee. A. G. Solomons, Jr, of Estill, for Respondent W.R. Crews, LLC. Stephen L. Brown, Francis Drake Roger, and Russell G. Hines, of Charleston, for Respondents Architectural Railing & Grill & The Hartford , Carrier. Matthew C. Robertson and Latonya Dilligard Edwards, both of Columbia, for Respondent SC Uninsured Employers' Fund. In this Workers' Compensation matter from Hampton County, the Appellant admitted the accident and injury to the Claimant, but alleged the policy had been canceled and Claimant had no coverage. In reversing the full Commission, the Circuit Court held the policy had not been properly cancelled and therefore Claimant was entitled to coverage. Appellant maintains the Circuit Court erred in: (1) reversing the Commission's finding that the policy had been properly cancelled; (2) finding the Claimant complied with audit requirements; (3) failing to find Appellant gave sufficient notice and reason for the cancellation of the policy; (4) failing to uphold the Commission's finding that Claimant's employer did not provide sufficient information to Appellant to determine if there existed unearned premium; and (5) failing to address Appellant's estoppel argument.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
17219 Jack David Bennett, Respondent, v. Lori G. Rector f/k/a Lori G. Bennett, Appellant. Mark A. Mason, of Mt. Pleasant, for Appellant. Patricia O'Neill DeTreville, of Charleston, for Respondent. Mother appeals the family court's imposition of $1,138 per month in child support arguing the family court erred in finding she was voluntarily underemployed and imputing income to her on that basis. Mother further argues the family court erred in considering the income from rental properties owned by her and her second husband in calculating her support obligations and in awarding Father attorney's fees.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
17085 Southeast Toyota Distributors, LLC, Appellant, v. Jim Hudson Superstore, Inc., d/b/a Jim Hudson Toyota/Scion, Dyer, Inc., d/b/a Dick Dyer Toyota, and Anderson Columbia Acquisition, LLC, d/b/a Toyota Center, Defendants, of whom Anderson Columbia Acquisition, LLC d/b/a Toyota Center is an Appellant,and Jim Hudson Superstore, Inc., d/b/a Jim Hudson Toyota/Scion is a Respondent. C. Mitchell Brown, Steven A. McKelvey, and Thad W. Westbrook, of Columbia, for Appellant Southeast Toyota Distributors, LLC. John T. Lay, Jr. and John J. Pringle, of Columbia, for Appellants Anderson Columbia Aquisition, LLC. Manton M. Grier and Sarah P. Spruill, of Columbia, for Respondent Jim Hudson Superstore, d/b/a Jim Hudson Toyota. Joseph Gregory Studemeyer, of Columbia, for Defendant Dick Dyer, Inc. d/b/a Dick Dyer Toyota. Southeast Toyota Distributors, LLC (SET) brought this declaratory judgment action to determine whether the relocation of the "Toyota Center" dealership in Lexington County is exempt from protest by competing dealers pursuant to S.C. Code Ann. § 56-15-46(C). Jim Hudson Superstore, Inc. (Hudson ) and Dick Dyer, Inc. filed counterclaims asserting their protests to the proposed relocation. SET and Hudson filed cross-motions for summary judgment on the exemption issue, and the circuit court granted Hudson's summary judgment motion. On appeal, SET challenges the circuit court's ruling that the proposed relocation is not exempt from protest.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
17260 Tranquil Properties, Inc., Appellant, v. Dorchester County a/k/a Dorchester County Public Works, Respondent. David G. Jennings and James A. Bruorton IV, of Charleston, for Appellant. Andrew T. Shepherd and John G. Frampton, of Summerville, for Respondent. The master-in-equity concluded Dorchester County could assess sewer service charges directly against Tranquil Properties, Inc. for its 40-unit townhome community which is serviced by a common sewer connection. Tranquil Properties appeals this ruling arguing the master-in-equity erred because county ordinances do not give authority to the county to assess an owner for a tenant's debts. Tranquil Properties further contends the master-in-equity misconstrued the title history of the property and the master's ruling does not provide an adequate remedy.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
17277 Michelle J. Hairston, Appellant v. Kathleen McMillan, Individually and as Personal Representative of the Estate of Normall O. Hudson, Deceased, Respondent. In Re: Estate of Normall O. Hudson, Deceased. John C. Thomas and James Thomas Young, of Conway, for Appellant. Jeffrey E. Johnson and Jarrod M. McPherson, of Conway, for Respondent. Appellant contends the special referee erred in concluding her uncle, the decedent, had testamentary capacity to change his will the day before his death and in failing to conclude the changes were not the result of undue influence.
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3:30 p.m. | (Time Limits: 10 - 10 - 5) |
17839 Department of Social Services, Respondent, v. Sherri L. Doss, Robert Doss, Sherry R. Doss, Larry Brannan and Betty Brannan of whom Robert Doss is the Appellant. In the interests of: Minor Child, DOB 11/30/1997; Minor Child, DOB 12/30/1998; Minor Child DOB 6/5/2005; minors under the age of eighteen. William Norman Epps, III, of Anderson, for Appellant. Mary Jane Goodwin, of Anderson, for Respondent. Hugh Wingo Welborn, of Anderson, guardian ad litem.
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Tuesday, February 9, 2010 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
17179 Galen A. Polite, Sr., Claimant, Respondent, v. Westvaco Corp., Employer and Westvaco Corp., Self-Insured, Carrier, Appellants. Kirsten Leslie Barr, of Mt. Pleasant, for Appellants. Kevin B. Smith and David T. Pearlman, of Charleston, for Respondent. Westvaco Corp. appeals an order of the circuit court affirming the decision of the South Carolina Worker's Compensation Commission finding Westvaco liable to respondent's health insurance company for outstanding medical expenses. On appeal, Westvaco argues the Commission’s conclusion is not supported by substantial evidence in the record and the circuit court erred in failing to consider the jurisdictional issues resulting from respondent's death prior to the Commission’s final decision.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
17241 Ned B. Majors, Appellant, v. Eva M. Thode, Respondent. John J. Pringle, Jr. and Shaun C. Blake, of Columbia, for Appellant. Douglas Michael Zayicek, of Myrtle Beach, for Respondent. Ned B. Majors appeals the dismissal of his breach of contract and unjust enrichment claims arguing the trial court erred in: (1) finding the assignment from Majors' corporation to himself was an improper circumvention of the rules prohibiting a corporate representation by a non-lawyer; (2) finding the agency contract was illegal and unenforceable; and (3) dismissing his equitable claim.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
17188 Wachovia Bank, N.A., Appellant, v. Ann T. Coffey and Bank of America, N.A., Respondents. James Y. Becker and Mary M. Caskey, of Columbia, for Appellant. Gregory Milam Alford, of Hilton Head Island, for Respondent Ann T. Coffey. Steven R. Anderson, of Columbia, for Respondent Bank of America, N.A. In this mortgage foreclosure action, Wachovia Bank, N.A., (Wachovia) and Ann T. Coffey (Coffey) filed cross-motions for summary judgment, and the master-in-equity granted summary judgment to Coffey. On appeal, Wachovia challenges the master's conclusion that there were no genuine issues of material fact with respect to its causes of action for foreclosure and mortgage ratification. Wachovia argues that it provided proof of Coffey's knowledge of her late husband's execution of a mortgage on their home, even though the home was titled in Coffey's name only, and that she failed to repudiate the execution of the mortgage within a reasonable time. Wachovia also challenges the master's ruling that Wachovia's unjust enrichment claim required a showing that Coffey's conduct induced Wachovia to confer a benefit on her. Wachovia argues that the inducement element of an unjust enrichment claim no longer exists under South Carolina law.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
17218 Case No.: 2007-AL-17-0299 Alltell Communications, Inc., Respondent, v. South Carolina Department of Revenue, Appellant.__________Case No.: 2007-AL-17-0300 Alltell Mobile Communications of the Carolinas, Inc., Respondent, v. South Carolina Department of Revenue, Appellant.__________Case No.: 2007-AL-17-0301 New York Newco Subsidiary, Respondent, v. South Carolina Department of Revenue, Appellant.__________Case No.: 2007-AL-17-0302 Telespectrum, Inc., Respondent, v. South Carolina Department of Revenue, Appellant.__________Case No.: 2007-AL-17-0303360 Communications Co. of SC No. 1, Respondent, v. South Carolina Department of Revenue, Appellant.__________Case No.:2007-AL-17-0304360 Communications Co. of SC No. 2, Respondent, v. South Carolina Department of Revenue, Appellant. Harry A. Hancock, of Columbia, for Appellant. John M. S. Hoefer and Tracey C. Green, of Columbia, for Respondent Alltel Communications. The South Carolina Department of Revenue appeals an order of the Administrative Law Court granting summary judgment to the respondents and determining that respondents did not constitute telephone companies for the purposes of S.C. Code Ann. § 12-20-100. The Department contends that the court erred by: (1) incorrectly applying the plain and ordinary meaning of § 12-20-100; (2) overlooking the General Assembly's use of the term "telephone company" in all unrelated South Carolina statutes; (3) incorrectly ruling that § 12-20-100 is ambiguous; and (4) failing to give proper consideration to other issues raised under its jurisdiction.
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12:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
17289 The State, Respondent, v. Victor M. S. Hernandez, Appellant. Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, 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 Alphonso Simon, Jr., of Office of the Attorney General, of Columbia, and Solicitor I. McDuffie Stone, III, of Bluffton, for Respondent. Victor M. Sandoval-Hernandez appeals his conviction and sentence for murder, arguing the trial court erred in refusing to charge the jury on the lesser included offense of voluntary manslaughter.
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Wednesday, February 10, 2010 | |
Courtroom I
(Court convenes at 1:15
p.m.)
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1:15 p.m. | (Time Limits: 10 - 10 - 5 ) |
16937 In the Interest of Spencer R., a juvenile under the age of seventeen, Appellant. David H. Cooley, of Myrtle Beach, 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 Office of the Attorney General, of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent. In Re Spencer is a criminal case involving a young man under the age of seventeen where the family court found Spencer delinquent for pointing and presenting a firearm. On appeal, Spencer argues the family court erred in finding sufficient evidence to support his conviction.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
17302 James J. Bailey, Appellant, v. South Carolina Department of Health and Environmental Control and Jean Townsend, Respondents. Mary D. Shahid, of Charleston, for Appellant. Elizabeth Applegate Dieck and Davis Arjuna Whitfield-Cargile, of Charleston, for Respondent SCDHEC. Christopher M. Holmes, of Mt. Pleasant, for Respondent Jean Townsend. James Bailey appeals from Administrative Law Judge's order, arguing (1) the judge erred in finding the dock is a "private recreational dock"; (2) the South Carolina Department of Health and Environmental Control regulates the alteration and use of the State's critical areas; (3) the judge erred in failing to remand the permit application for consideration of the use of the proposed construction and the impact of the use on Bailey; and (4) Bailey has legal standing to contest the permit decision.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
17102 Leah Gorecki, Respondent, v. Jeffrey Anthony Gorecki, Appellant. C. Lance Sheek, of Greenwood, for Appellant. LaDonna Sargent Johnson, of Greenwood, for Respondent. In this appeal from the family court, the Court of Appeals must decide whether the family court erred in (1) granting a divorce based on physical cruelty to the wife while denying husband's request for a divorce based on adultery; (2) granting attorney's fees and costs to the wife; (3) awarding alimony to the wife; and (3) allocating 60% of the marital estate to the wife.
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3:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
17278 Donna Yeargin Farmer, Respondent v. Thomas Michael Farmer, Appellant. J. Falkner Wilkes, of Greenville, for Appellant. Jonathan Kirk Fisher, of Greenville, for Respondent. In this appeal from the family court, the Court of Appeals must decide whether the family court erred in finding funds husband received from a Management Agreement with his employer were marital property, and in granting attorney's fee and costs to wife.
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4:15 p.m. | (Time Limits: 10 - 10 - 5 ) |
17342 Robert L. Cullen, Andrew A. Corriveau, John Caldwell, Andrea Hucks, Jamie Bellamy, Michael Pearson and David Mandrell, Plaintiffs, v. J. Bennett McNeal, B. McNeal Partnership, L.P., Anthony R. Porter and Wright's Point Home Owners Association, Inc. Respondents/Appellants of whom Robert L. Cullen, Andrew A. Corriveau and Andrea Hucks are Appellants/Respondents. John E. North and Pamela K. Black, of Beaufort, for Appellants-Respondents. Joel D. Bailey, of Beaufort, for Respondents-Appellants. In this cross-appeal, the Appellants-Respondents argue the circuit court erred in (1) applying the rules of construction applicable to restrictive covenants; (2) construing the term "developer"; (3) finding the undeveloped land was a part of the subdivision; (4) finding B. McNeal Partnership, L.P. was a "successor developer"; (5) finding the "developer' was entitled to continue to control the Association; (6) finding the "developer" was entitled to continue to control the architectural review board; and (7) failing to find the homeowners were entitled to pursue the claims of the Association derivatively and to seek attorney's fees. The Respondents/Appellants argue the circuit court erred in finding they were not entitled to attorney's fees.
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Wednesday, February 17, 2010 | |
Courtroom I
(Court convenes at 2:00
p.m.)
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
17146 Tammy Coleman Maro, Appellant v. James Neil Lewis, Respondent. Natasha M. Hanna, of Myrtle Beach, for Appellant. Robert J. Moran, of Murrells Inlet, for Respondent. In this appeal, Tammy Maro argues the circuit court erred in (1) directing a verdict on her breach of contract and breach of contract acccompanied by a fraudulent act causes of action; (2) finding an exclusive right to sell agreement would not be upheld by this court; and (3) admitting evidence that was not provided to her prior to trial.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
17312 Gary Mull, Respondent, v. Ridgeland Realty, LLC d/b/a Boat N RV Mega Store, Appellant. Darrell T. Johnson, Jr, of Hardeeville, for Appellant. R. Thayer Rivers, Jr, of Ridgeland, for Respondent. In this civil case, the Court of Appeals determines whether the special referee erred in (1) refusing to set aside the default on the grounds of insufficient service of process; (2) finding Appellant made an appearance and waived service; (3) failing to set aside the judgment on the grounds the award was grossly disproportional; and (4) granting relief which constituted splitting attorneys fees with layman.
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Cases to be Submitted Without Oral Argument | |
15437 |
The State, Respondent, v. Anthony Griggs, Appellant.
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16733 |
David Carroll, Appellant, v. South Carolina Department of Public Safety and South Carolina Department of Motor Vehicles, Defendants, Of whom South Carolina Department of Motor Vehicles is the Respondent.
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16834 |
Keith Edward Smith, Appellant, v. James R. Metts, "Sheriff" Lexington County, Respondent.
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16838 |
Raymond Johnson, Appellant, v. Cale Yarborough Honda Mazda, Employer, and SC Automobile Dealers Assoc./The Randolph Hope Co., Carrier, Respondents.
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16891 |
Mark Barton, Respondent, v. Amy Barton, Appellant.
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16908 |
The State, Respondent, v. Brad R. Johnson, Appellant.
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16918 |
Douglas Gilbert #300160, Respondent, v. South Carolina Department of Corrections, Appellant.
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16925 |
The State, Respondent, v. Zeb Eron Binnarr, Appellant.
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16932 |
The State, Respondent, v. Jonathan Byers, Appellant.
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16933 |
The State, Respondent, v. James Albert Giles, Appellant.
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16936 |
The State, Respondent, v. Mark E. Williams, Appellant.
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16953 |
Lynn Alexander, Appellant, v. Abbeville County Memorial Hospital, Employer, and Palmetto Hospital Trust Services, Carrier, Respondents.
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16955 |
Dana Anderson, Appellant, v. C.D. Electric, Employer, and NorGuard Insurance Company, Carrier, Respondents.
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16974 |
William Barry Chisholm, Appellant, v. Susan Elaine Chisholm, Respondent.
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16977 |
M. McFall Babb, Appellant, v. Horry County, Respondent.
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17003 |
The State, Respondent, v. Ricardo Johnson, Appellant.
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17005 |
The State, Respondent, v. Gary A. Hoard, Jr., Appellant.
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17006 |
The State, Respondent, v. Joe Harold Campbell, Appellant.
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17008 |
Fred Freeman, #235180, Appellant v. South Carolina Department of Corrections, Respondent.
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17011 |
South Carolina Department of Labor, Licensing, and Regulation, Respondent, v. Michael A. Paulin, Appellant.
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17021 |
John Musick, Respondent, v. Thomas L. Dicks and Robert E. Dicks, Jr., Appellants.
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17057 |
The State, Respondent, v. Paul F. Reid, Appellant.
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17059 |
The State, Respondent, v. Roger Dejon Smith, Appellant.
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17061 |
The State, Respondent, v. James Wilkinson, Appellant.
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17093 |
In The Interest Of Eric G., A Minor Under The Age Of Seventeen, Appellant.
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17108 |
Pamela J. Raines, Appellant, v. James Dean Raines, Respondent.
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17133 |
The State, Respondent, v. Jeffrey Bailey, Appellant.
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17145 |
South Carolina Department of Revenue, Appellant, v. Blue Moon of Newberry, Inc. d/b/a Blue Moon Sports Bar, Respondent.
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17211 |
The State, Respondent, v. Tremayne Rashaard Washington, Appellant.
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17242 |
Amy Lynn Lapp, Appellant, v. South Carolina Department of Motor Vehicles, Respondent.
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17247 |
Brian Barber, Appellant, v. Ella Smith and Sheila Eison, Respondents.
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17254 |
The State, Respondent, v. Cameron Lavar Brown, Appellant.
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17939 |
Mandy Stanley, Appellant v. South Carolina Department of Social Services, Respondent.
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17940 |
South Carolina Department of Social Services,Respondent, v. Karla T., Stefan G., Jerimiah G. and Kiandra G., Defendants, Of Whom Stefan G. is the Appellant.
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17941 |
South Carolina Department of Social Services, Respondent, v. Sue Ellen Simon and Laverne Johnson,Defendants,of whom,Laverne Johnson is the Appellant. In the Interest Of: Morrise J., Minor child under the age of 18.
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17258 |
The State, Respondent, v. Khalid Robert Westmoreland, Appellant.
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17306 |
Larry Williams, Appellant, v. South Carolina Department of Transportation, Respondent.
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