Supreme Court Seal
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.
Tuesday, February 8, 2011
Courtroom I
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5)  
16448   The State, Respondent, v. Jonathan K. Hill, Appellant.

Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Mark R. Farthing, of Office of the Attorney General, of Columbia, and Robert Mills Ariail, of Greenville, for Respondent.

In this criminal appeal, the court of appeal addresses whether the trial court erred in denying Jonathan K. Hill's post trial motion for a new trial when the jury considered extrinsic evidence that was not admitted at trial.

 11:00 a.m. (Time Limits: 10 - 10 - 5)  
18181   Demetra Kerhoulas Grumbos, Respondent/Appellant, v. George Spyros Grumbos, Appellant/Respondent.

O. W. Bannister, of Greenville, for Appellant-Respondent. Robert M. Rosenfeld, of Greenville, for Respondent-Appellant.

In this divorce action, the Court of Appeals must determine whether the family court erred in awarding permanent periodic alimony to the wife based on the husband’s contention that the family court erroneously imputed additional income to the husband and failed to consider the husband’s premarital debts. On cross-appeal, the wife contends the family court improperly held her entitlement to attorney’s fees, expert fees, and litigation costs were satisfied by the husband’s overpayment of temporary alimony.

 11:45 a.m. (Time Limits: 10 - 10 - 5)  
18178   ITC Commerical Funding, LLC,a Delaware Limited Liability Company, Respondent, v. Alice Crerar, Appellant.

Milton M. Avrett, III, of Augusta, Georgia, for Appellant. Clay Stebbins, III, James S. (Jeb) Murray, and James Samuel Murray, of Augusta, Georgia, for Respondent.

In this appeal, Alice Crerar argues the trial court erred in denying her motion to set aside a default judgment in favor of ITC Commercial Funding, LLC.

 2:00 p.m. (Time Limits: 10 - 10 - 5)  
18179   Shannon Hutchinson, Personal Representative of the Estate of Stephen F. Ney, a/k/a Steve F. Ney, Respondent, v. Liberty Life Insurance Company, Appellant.

Kevin Kendrick Bell, of Columbia, for Appellant. Kenneth C. Anthony, Jr, of Spartanburg, for Respondent.

Liberty Life Insurance Co. denied life insurance proceeds to Stephen Ney after toxicology reports reflected the presence of methamphetamines in Ney's blood after he was killed in a single vehicle accident. Hutchinson, Ney's daughter, sued Liberty Life for benefits arguing the policy exclusion for injury resulting from an insured being "under the influence of any narcotic" did not apply to Ney's claim for benefits because methamphetamine is not a narcotic. The circuit court granted summary judgment to Hutchinson on the ground that methamphetamine is not a narcotic within the definition of the life insurance policy exclusion issued by Liberty Life to Ney. On appeal, Liberty Life argues the circuit court erred in granting summary judgment to Hutchinson when (1) the operative language of the Liberty Life policy exclusion providing that benefits will not be payable when the insured is "under the influence of any narcotic" was taken verbatim from the South Carolina Insurance Code, and (2) the circuit court adopted a specialized medical definition of the term "narcotic" in the context of an insurance policy written for laypersons, as opposed to the plain and ordinary meaning of "narcotic" as understood by laypersons.

 2:45 p.m. (Time Limits: 10 - 10 - 5)  
18113   The State of South Carolina, Respondent, v Mario Ramos Hinojos, as Defendant and Richard G. Thompson, d/b/a All-Out-Bail Bonding, as Surety Accredited Property & Casualty Insurance, as Surety, of whom Richard G. Thompson d/b/a All-Out-Bail Bonding, as Surety Accredited Property & Casualty Insurance is the Appellant.

Robert T. Williams, Sr., of Lexington, for Appellant. Alan Wilson, Attorney General, and S. Creighton Waters, Senior Attorney General, for Respondent.

In this appeal, Richard G. Thompson, d/b/a All Out Bail Bonding and Accredited Property & Casualty Insurance (the Appellants) argue the trial court abused its discretion in estreating Mario Hinojos's bond. They contend the trial court modified Hinojos's bond without the proper notice and consent of the Appellants, and the Appellants' obligations under the bond were completed and terminated at the time of Hinojos's guilty plea.

Wednesday, February 9, 2011
Courtroom I
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18584   Peter Brown, Appellant, v. South Carolina Department of Health and Human Services, Respondent.

Patricia Logan Harrison, of Columbia, for Appellant. Byron Ronald Roberts, of Columbia, for Respondent.

Peter Brown is a disabled Medicaid beneficiary whose one-on-one services were terminated by the Charles Lea Center. He appeals the Administrative Law Court's ruling that the Department of Health and Human Services (DHHS) hearing officer did not have jurisdiction to determine if his services were wrongly terminated. He also argues the services were terminated as reprisal for a civil rights complaint filed years earlier and that DHHS promised to maintain his services.

 11:00 a.m. (Time Limits: 10 - 10 - 5)  
18064   Sheri Denise Brown, Appellant, v. Phillip Ray Brown, Respondent.

Cynthia Barrier Patterson, of Columbia, for Appellant. Stephen Gordon Dey and Joseph Francis Runey, of Charleston, for Respondent.

Wife and Husband were divorced in 2006. Wife appeals the family court's 2008 post-divorce order establishing terms for the sale of the marital home, arguing the family court erred in (1) assuming jurisdiction over matters previously reserved to another judge; (2) clarifying the divorce decree in general; (3) clarifying the divorce decree although its terms were clear; (4) clarifying the divorce decree under Rule 60(a), SCRCP; (5) establishing a pricing scheme and requiring automatic reductions in the selling price of the marital home; and (6) awarding Husband a "monetary judgment" with post-judgment interest.

 2:00 p.m. (Time Limits: 10 - 10 - 5)  
17756   Tourism Expenditure Review Committee, Appellant/Respondent, v. City of Myrtle Beach, Respondent/Appellant.

John M.S. Hoefer, Tracey C. Green, and Andrew J. MacLeod, of Columbia, for Appellant-Respondent. Michael Warner Battle, of Conway, for Respondent-Appellant.

This cross-appeal arises out of the Tourism Expenditure Review Committee and the City of Myrtle Beach's dispute over the disbursement of funds for "tourism-related expenditures" for two events under section 6-4-10(4) of the South Carolina Code.

Wednesday, February 9, 2011
Courtroom II
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5)  
18209   Mark S. Steinmetz, Respondent, v. American Media Services, LLC, New Jersey Radio Partners, LLC, Arizona Radio Partners, LLC, Asheville Radio Partners, LLC, Tri-City Radio, LLC, Trans-Rockies Radio, LLC, Hawaii Radio, LLC, Appellants.

Steven L. Smith, of North Charleston, for Appellants. Justin O'Toole Lucey, of Mt. Pleasant, for Respondent.

American Media Services, LLC (AMS), and several limited liability companies (the LLCs) it created to upgrade radio stations appeal an arbitration award in favor of Mark Steinmetz. AMS and the LLCs contend the arbitrator manifestly diregarded the law of contracts and conversion.

 11:00 a.m. (Time Limits: 10 - 10 - 5)  
18164   James F. Meyer and Virginia P. Meyer, Plaintiffs, v. Charleston County and Charleston County Delinquent Tax Department, Morris Brooke, Larry Goodwin, Frances Goodwin and Joseph Keating, Defendants._________________Larry Goodwin and Frances Goodwin, Appellants, v. James F. Meyer; Virginia P. Meyer; Respondents, and Charleston County; Morris Brooke; Joseph Keating; Linda M. Bond, Edward Wiseman; Jane Doe and John Doe, fictitious names representing unknown heir and distributees or devisees of any of the Defendants who many be deceased, and also representing any unknown persons claiming any rights, title or interest in or lien upon the real estate the subject hereof: Richard Roe and Sarah Roe, fictitious names representing unknown persons who may claim an interest therein as may be infants, incompetents, in the military service and persons entitled to protection under the Soldiers and Sailors Civil Relief Act of 1940, or others who may be under any other disability, Cross-Defendants, Of whom Charleston County, Charleston County Delinquent Tax Department, Morris Brooke,Joseph Keating, Linda M. Bond, Edward Wiseman are Respondents.

Jeffrey T. Spell, of North Charleston, for Appellants Larry Goodwin & Frances Goodwin. Charles H. Gibbs, Jr, of Charleston, for Respondent Morris Brooke. G. Thomas Hill, of Ravenel, for Respondents James & Virginia Meyer. Bernard E. Ferrara, Jr, of North Charleston, for Respondent Charleston County & Charleston County Delinquent Tax Dept. Thomas P. Lowndes, Jr, of Charleston, for Respondent Edward Wiseman. Anthony D. Hoefer, of Sumter, for Respondent HSBC. Joseph Keating, of Johns Island, pro se. Linda M. Bond, of Johns Island, pro se Edward Wiseman, III, of Summerville, pro se.

Tax sale purchasers, Larry and Frances Goodwin, seek review of an order of the Master-in-Equity quieting title in favor of defaulting taxpayers, James and Virginia Meyer, and their mortgagee, Morris Brooke. The Goodwins argue the evidence establishes that the Charleston County Tax Collector strictly complied with the alternate procedure for collection of property taxes set forth in S.C. Code Ann. § 12-51-40 to -170.

 2:00 p.m. (Time Limits: 10 - 10 - 5)  
18011   Judy Breland and Kirk Breland, Respondents, v. Ford Motor Company and Walterboro Motor Sales Company of Walterboro, Appellants.

Curtis L. Ott, Carmelo B. Sammataro, of Columbia, for Appellants. Lee D. Cope and Matthew Creech, of Hampton, and Karl S. Brehmer, of Columbia, for Respondents.

Ford Motor Company appeals from the jury's verdict in favor of the Brelands, arguing the court erred by denying its motion for judgment notwithstanding the verdict because the Brelands failed to provide sufficient evidence of a product defect and proximate causation.

 2:45 p.m. (Time Limits: 10 - 10 - 5)  
18156   Harvey J. Rosen, Joseph B. Rosen, and Rebecca Nurick, Appellants, v. The University of South Carolina and University of South Carolina Gamecock Club, Respondents.

J. Lewis Cromer, of Columbia, for Appellants. William H. Davidson, II, of Columbia, for Respondents.

The Rosen family appeals the trial court's grant of summary judgment on their claims for breach of contract and constitutional taking arguing the trial court erred in ruling the University of South Carolina and the University of South Carolina Gamecock Club were not prohibited from charging for parking under the terms of the Rosens' lifetime scholarship contracts. The Rosens also assert they have the right to change the beneficiaries in their contracts.

Wednesday, February 16, 2011
Watkins Room at University Center
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5)  
18137   The State, Respondent, v. Raymondeze L. Rivera, Appellant.

Senior Appellate Defender Joseph L. Savitz, III, S.C. Commission on Indigent Defense, of Columbia, for Appellant. Assistant Deputy Attorney General Donald J. Zelenka, of Office of the Attorney General, of Columbia, and Solicitor Christina Theos Adams, of Anderson, for Respondent.

Raymondeze Rivera was convicted of murder and sentenced to life. On appeal, he claims the trial judge violated his right to counsel when he agreed that Rivera's attorneys did not have to make a closing argument on his behalf.

 
 10:30 a.m. (Time Limits: 10 - 10 - 5)  
18398   Elise Burke, Respondent, v. Anmed Health, Appellant.

Stephen Dallas Baggett, Jr, of Greenwood, for Appellant. Joseph G. Wright, III, of Anderson, John S. Nichols and Blake A. Hewitt, of Columbia, for Respondent.

In this civil action, AnMed appeals several issues including whether the trial court erred in refusing to remove members from the jury venire who owed debts to AnMed, in admitting certain evidence, in failing to instruct the jury as AnMed requested, and in denying AnMed's motion for new trial absolute and new trial nisi remittitur.

 
 11:30 a.m. (Time Limits: 10 - 10 - 5)  
18414   Morris Communications Company, LLC, d/b/a Fairway Outdoor Advertising Division, Respondent, v. The City of Greenville, South Carolina, Appellant.

Ronald W. McKinney, of Greenville, for Appellant. Reid Sherard and Timothy Madden, of Greenville, for Respondent.

The City of Greenville appeals the circuit court's grant of partial summary judgment in favor of Morris Communications Company, LLC d/b/a Fairway Outdoor Advertising which effectively made void the City's ordinance regarding amortization of billboards without "just compensation" to the sign owner.

 
Cases to be Submitted Without Oral Argument
16767    The State, Respondent, v. John D. Harper, Appellant.

17660    Jekeithlyn Ross, Appellant, v. Jimmy Ross, Respondent.

17662    Ricky L. Murray, Petitioner, v. Dawn Koffskey, Respondent.

17780    The State, Respondent, v. Juan Orozco, Appellant.

17782    Mildred C. Knight and Bobby Knight, Appellants, v. Sean K. Trundy, Keith I. Mcarty, Amanda & Roy Maybank, Pratt-Thomas Epting & Walker, & Maybank, LLC as Law Firms, Respondents.

17801    Joseph A. Marshall, Appellant v. Carrie C. Marshall, Respondent.

17812    Lemmie D. Stewart, Appellant, v. The State of South Carolina, Respondent.

17827    William J. Delozier, Respondent, v. Mary Joan Delozier, Appellant.

17830    Kisha Crawford, Appellant, v. Food Lion, LLC, Respondent.

17841    Charles Jones in his capacity as Personal Representative for the Estate of Boyce Jones, Appellant, v. Sumter County Sheriff's Office, Respondent.

17843    Matthew Dixon # 326958, Respondent, v. South Carolina Department of Corrections, Appellant.

17865    The State, Respondent, v. Paris G. Avery, Appellant.

17895    Mary Lou Moseley, Appellant, v. Jim Oswald, Respondent.

17910    Jessica Clark, Respondent, v. Michael Martin, Appellant.

17916    American International Insurance Company, Appellant, v. Christine Caffey and Richard Caffey, Individually and as Husband and Wife, and as Co-Guardians ad Litem for Erin C., a Minor Under the Age of Fourteen years, Respondents.

17931    William V. Sheppard, Appellant, v. The LPA Group, Inc., Respondent.

17945    James A. Edwards, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent.

17950    David Langdale, Employee/Claimant,Respondent, v. Harris Carpets and Gevity/Staff Leasing, Employers, and American Home Assurance, C/O AIG, Alleged Carrier, and S.C. Uninsured Employers' Fund, Defendants, Of whom, Harris Carpets is, Respondent, and Gevity/Staff Leasing, Employers, and American Home Assurance, C/O AIG, Alleged Carrier are, Appellants.

17952    Sandra Greene and Joel Greene, Appellants, v. The Gaffney Ledger, Inc. and L. Cody Sossamon, Respondents.

17956    Greenwood Beach Associates, Appellant, v. Charleston County Assessor, Respondent.

17974    The State, Appellant, v. Ryan Hercheck, Respondent.

17976    Amri White, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondents.

17990    The State,Respondent, v. Robert Watkins,Appellant.

18093    In The Matter Of The Care And Treatment Of Kevin Paschal, Appellant.

18110    The State, Respondent, v. Samuel W. Harmon, Appellant.

18127    The State, Respondent, v. Ivory Warren, Appellant.

18139    The State, Respondent, v. Herman Donald McKnight, Appellant.

18168    Robert Pikaart, Respondent, v. A & A Taxi, Inc.,and SC Uninsured Employers' Fund, Appellants.

18171    Lisa Murphy, Employee, Respondent, v. Owens Corning, Employer and Gallagher Bassett Services, Carrier, Appellants.

18216    The State, Respondent, v. Jackie Lee Boyd, Appellant.

18217    The State, Respondent, v. David Lee Coward, Appellant.

18226    The State, Respondent, v. Willie Albert Gilmore, Appellant.

18228    The State, Respondent, v. Brad R. Johnson, Appellant.

18232    The State, Respondent, v. Israel Romero, Appellant.

18186    Glenn Emmett Williams, Respondent, v. Lisa Williams, Appellant and Lisa B. Williams, Third-Party Plaintiff, Appellant, Landmark Builders of the Triad, Inc., Third-Party Defendant, Respondent.

18155    South Carolina Department of Social Services, Respondent, v. Charlese Brown, Travis Simpson, Roberta Simpson, Defendants, of whom, Charlese Brown is Appellant. In the interest of Trav'Nika S.,a Minor Under the Age of 18.

17996    The State, Respondent, v. James C. Miller, Appellant.

18130    The State, Respondent, v. Desmond J. Sams, Appellant.

18184    Houston Enterprises, Inc., Respondent, v. Vision Investment & Development, LLC, Vision Amalfi Estates, LLC, Vision LOE, LLC, Vision River Ridge, LLC, James R. Barfield, Dana R. Bradley and Performance Holdings, Appellants.

18158    Donna S. McClellion, Appellant, v. W. Richard McClellion, Respondent.

18202    Joshua Bell, Appellant, v. Progressive Direct Insurance Company, Respondent.