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.

Monday, February 3, 2014
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2010-151193    Sandra Richardson, Respondent, v. State of South Carolina, Petitioner.

Attorney General Alan Wilson and Assistant Attorney General Daniel Francis Gourley, both of Columbia, for Petitioner. Appellate Defender Susan Barber Hackett, of Columbia, for Respondent.

In this PCR matter, the State argues there is no evidence to support the PCR court's finding that Sandra Richardson's appellate counsel was ineffective for advising her to withdraw her previous appeal to this court.

 10:40 a.m. (Time Limits: 10-10-5)  
2011-196447    The State, Respondent, v. Cesar Portillo, Appellant.

Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Assistant Attorney General Mark Reynolds Farthing, and Assistant Attorney General Julie Kate Keeney, all of Columbia, for Respondent.

Cesar Portillo appeals his conviction for first-degree criminal sexual conduct with a minor, arguing the trial court erred in: (1) qualifying a witness as an expert in child sexual assault cases and child sexual assault forensic interviewing; (2) allowing the expert to exceed his scope of expertise and testify about the significance of language and hand gestures used by the victim; and (3) allowing the expert to testify the victim exhibited symptoms of post-traumatic stress disorder (PTSD) where no diagnosis of PTSD was made.

 11:20 a.m. (Time Limits: 10-10-5)  
2011-199046    Darrell Leggette, Employee, Respondent, v. Dan Duly dba Double D Docks, and SC Uninsured Employers Fund, Defendants, Of Whom Dan Duly dba Double D Docks is the Appellant.

Darryl D. Smalls of Darryl D. Smalls, Attorney at Law, of Columbia, for Appellant. Andrew Wade Creech, of Elrod Pope Law Firm, of Rock Hill, for Respondent.

Dan Duly appeals the South Carolina Workers' Compensation Commission Appellate Panel's (Appellate Panel) decision affirming the Single Commissioner's finding that Darrell Leggette was entitled to workers' compensation benefits for an injury he sustained while working for Duly's company, Double D Docks, LLC (DD). Specifically, Duly argues the Appellate Panel erred (1) in finding DD regularly employs four or more people, (2) in failing to review all the relevant evidence, and (3) in finding Duly committed fraud.

Tuesday, February 4, 2014
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2011-200306    The State, Respondent, v. Arthur Smith, Appellant.

Appellate Defender Benjamin John Tripp, of Columbia, for Appellant. Breen Richard Stevens, of Orangeburg, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Christina J. Catoe, both of Columbia, for Respondent.

Arthur Smith appeals his conviction for first-degree criminal sexual conduct with a minor, arguing the trial court erred in: (1) permitting testimony of the forensic interviewer regarding Smith's identity; (2) permitting testimony of the State's expert in the field of sexual deviancy regarding the relationship between the length of delay in disclosure and the credibility of the disclosure; and (3) permitting the victim to refresh his recollection by reading his testimony from Smith's previous trial when the previous trial was tainted by in-court coaching, which led to the grant of a new trial after Smith's first conviction.

 10:40 a.m. (Time Limits: 10-10-5)  
2011-203746    The State, Respondent, v. Julian Deandre Battle, Appellant.

Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Alphonso Simon, Jr., all of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent.

Julian De'Andre Battle appeals his conviction for murder, arguing that the trial court erred (1) in failing to charge involuntary manslaughter in light of Battle's testimony that he struggled with the decedent over the weapon, and (2) in charging the jury that it could consider evidence of Battle's flight in determining his guilt or innocence.

 11:20 a.m. (Time Limits: 10-10-5)  
2012-207850    3 Chisolm Street Homeowners Association, Inc., Appellant, v. Chisolm Street Partners, LLC, Murray School Partners, LLC, Genoa Construction Services, Inc., Masterpiece Millwork, Inc., Allen Roper, Jr. d/b/a Masonry Brickwork and Stucco, John Doe #1, John Doe #2, and Brock Green Architects and Planners, LLC, Defendants. Of Whom Genoa Construction Services, Inc., Masterpiece Millwork, Inc., and Brock Green Architects and Planners, LLC are the Respondents. Genoa Construction Services, Inc., Third Party Plaintiff, v. The Fox Steel Company, Carolina Services, Inc., Lesco Restoration, Inc., Ferst Plastering, Inc., Charleston Glass & Mirror Company, 3D Renovations, Williams Mechanical, Mastercraft Interior & Exterior, Coastal Glass and Block, Adams Davis & Partners, Troy Pardee Heating and Air Conditioning (d/b/a Pardee Heating and Air), Metro Water-Proofing, Inc., CT Windows Limited, and Architectural Materials & Systems, Third-Party Defendants, Lesco Restoration, Inc., Third-Party Defendants. v. Coastal Waterproofing, Inc. n/d/b/a Wards Waterproofing, Inc. Fourth-Party Defendant.

David Jay Parrish of Nexsen Pruet, LLC, of Charleston, for Appellant. Kent Taylor Stair, Paul Eliot Sperry, and John Patrick Turner Norris, all of Carlock Copeland & Stair, LLP, of Charleston, for Respondent Brock Green Architects and Planners. Wendy Raina Johnson Keefer of Keefer & Keefer, LLC, of Charleston, for Respondent Masterpiece Millwork. Jenny Costa Honeycutt and L. Dean Best, both of Best Honeycutt, P.A., of Charleston, for Respondent Masterpiece Millwork. Franklin H. Turner, III, and Joshua Allan Bennett, both of Rogers Townsend & Thomas, PC, of Columbia, for Respondent Genoa Construction. Laurence S. McWhorter, of Columbia, for Respondent Genoa Construction.

In this construction defect case, the appellant 3 Chisolm Street Homeowners Association, Inc. (HOA) appeals the trial court's granting of summary judgment in favor of the respondents Genoa Construction Services, Inc., Materpiece Millwork, Inc., and Brock Green Architects and Planners, LLC. The HOA argues there is a genuine issue of material fact regarding whether the three-year statute of limitations applies to preclude the HOA's claims.

Wednesday, February 5, 2014
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2012-212771    Tasha Murphy and Steven Murphy, Appellants, v. Palmetto Lowcountry Behavioral Health, LLC, and Steven G. Lopez, M.D., Defendants, Of whom Steven G. Lopez, M.D., is the Respondent.

E. Mitchell Griffith and O. Edworth Liipfert, III, of Griffith Sadler & Sharp, P.A., of Beaufort, for Appellants. Joshua Steven Whitley and Todd W. Smyth, both of Smyth Whitley, LLC, of Charleston, for Respondent.

In this medical malpractice action, Tasha and Steven Murphy appeal the trial court's order granting summary judgment to Steven G. Lopez, M.D. arguing the trial court erred in (1) granting Dr. Lopez summary judgment based upon lack of proximate cause and (2) granting Dr. Lopez summary judgment on the issue of punitive damages.

 10:40 a.m. (Time Limits: 10-10-5)  
2012-212939    Patricia Fore, Employee, Appellant, v. Griffco of Wampee, Inc., Employer, and Chartis Claims, Inc., Carrier, Respondents.

Stephen Benjamin Samuels of Samuels Law Firm, LLC, of Columbia, for Appellant. Peter P. Leventis, IV, of McKay Cauthen Settana & Stubley, PA, of Columbia, for Appellant. Weston Adams, III, James H. Lichty, and Helen Faith Hiser, all of McAngus Goudelock & Courie, LLC, of Mount Pleasant, for Respondents.

In this workers' compensation appeal, Claimant Patricia Fore takes issue with the finding of the South Carolina Workers' Compensation Commission that her workplace injury resulted in only a forty percent disability to the back, contending she is totally and permanently disabled and entitled to lifetime treatment. Fore further argues: (1) she was denied a fair trial because of the Commission's allegedly improper communication with a witness and the Carrier, (2) the Commission's finding on her credibility must be vacated because it was based on inadmissible evidence on an ongoing fraud investigation, and (3) the Single Commissioner erred in excluding the rebuttal testimony of a witness that Ford proffered during the proceedings.

 11:20 a.m. (Time Limits: 10-10-5)  
2012-212791    Sierra Club, Appellant, v. South Carolina Department of Health and Environmental Control and Chem-Nuclear Systems, LLC, Respondents.

Robert Guild of Robert Guild, Attorney at Law, of Columbia, for Appellant. Amy Elizabeth Armstrong and Michael Gary Corley, both of South Carolina Environmental Law Project, of Pawleys Island, for Appellant. Mary Duncan Shahid and Stephen Peterson Groves, Sr., both of Nexsen Pruet, LLC, of Charleston, for Respondent Chem-Nuclear Systems. Sara S. Rogers of Nexsen Pruet, LLC, of Columbia, for Respondent Chem-Nuclear Systems. Jacquelyn Sue Dickman and Claire Harley Prince, both of Columbia, for Respondent South Carolina Department of Health & Environmental Control.

This matter arises from the South Carolina Department of Health and Environmental Control's (DHEC) issuance of a renewal license to Chem-Nuclear Systems, LLC authorizing the continued operation of a radioactive waste disposal facility. Sierra Club argues on appeal the ALC erred in making specific findings of fact and, ultimately, in affirming the renewal of the license.

Thursday, February 6, 2014
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2012-209267    The State, Respondent, v. David Gerrard Johnson, Respondent.

Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General Melody Jane Brown, all of Columbia, for Respondent. Solicitor Edgar Lewis Clements, III, of Florence, for Respondent.

David Gerrard Johnson appeals his convictions for murder, first-degree burglary, armed robbery, possession of a weapon during the commission of a violent crime, and criminal conspiracy, arguing (1) the trial judge erroneously admitted a statement Johnson made to police as well as evidence that was the product of this statement, (2) the trial judge erroneously found Johnson knowingly consented to providing DNA and fingerprint evidence, (3) the trial judge erroneously excused a juror, and (4) the trial judge erroneously admitted graphic photographs of the victim's body.

 10:40 a.m. (Time Limits: 10-10-5)  
2012-213071    James R. Glover, as Presiding Elder of The Lancaster District of the African Methodist Episcopal Church, Appellant, v. James Stevenson, Roddie Armstrong, Lyndsay Hopkins, Freddie Armstrong, Janice Samuels, Daisy McGraw, Jeannie Hall, Rosa Chappell, Alsine Woodard and Jean McCory, Respondents

Randall Rosel Williams of Law Office of Randall R. Williams, of Greenwood, for Appellant. Jerry Leo Finney and Stephanie Ruotolo Fajardo, both of The Finney Law Firm, Inc., of Columbia, for Respondents. I. S. Leevy Johnson and William T. Toal, both of Johnson, Toal & Battiste, P.A., of Columbia for Amicus Curiae, African Methodist Episcopal Church. Douglass Selby and Aja Diamond Moore, both of Hunton & Williams, P.A., of Atlanta, for Amicus Curiae, African Methodist Episcopal Church.

This is a dispute concerning ownership of church property.

 11:20 a.m. (Time Limits: 10-10-5)  
2012-213070    James R. Glover, as Presiding Elder of The Lancaster District of the African Methodist Episcopal Church, Appellant, v. Corthan Manning Jr., Theodore Manning, and Earlene W. Manning, Respondents.

Randall Rosel Williams of Law Office of Randall R. Williams, of Greenwood, for Appellant. Jerry Leo Finney and Stephanie Ruotolo Fajardo, both of The Finney Law Firm, Inc., of Columbia, for Respondents.

This a dispute concerning ownership of church property.

Tuesday, February 18, 2014
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2012-213177    C. S. Carter, Plaintiff v. D.J. Brown aka Dan Brown aka Dan J. Brown, Eric Brown, Ethiola Brown, Enoch Wesley Brown, Jr., Ernest Brown, Jr, Karen Brown, Lisa Brown, Michael Brown, Rena Brown, Michael C. Brown, Sr., aka Michael C. Brown, Clara B. Moses, aka Clara Brown Moses, Mable Brown Moses aka Mable B.Moses, Westbury Ace Hardware, CPM Federal Credit Union, Ford Motor Credit,Sears, Roebuck & Company, The St. Paul Campground Association aka St. Paul Campground and John Doe, a fictitious name used herein to designate the unknown heirs at law, distributees, devisees, issue, personal representative, successors and/or assigns of Dorothy Brown and Ernest Brown aka Ernest D. Brown, D.J. Brown aka Dan Brown aka Dan J. Brown, Eric Brown, Etholia Brown, Enoch Wesley Brown, Jr., Ernest Brown, Jr., Karen Brown, Lisa Brown, Michael Brown, Rena Brown, Michael C. Brown, Sr., aka Michael C. Brown, Clara B. Moses aka Clara Brown Moses, Mable Brown Moses aka Mable B. Moses all being deceased persons or who may be deceased persons; and Mary Roe, a fictitious name designating all other persons and legal entities unknown who may have or claim any right, title, estate, interest in or lien upon the real estate described herein, including any such as may be infants, minors, prisoners, incompetents, or under any other disability, including the Servicemembers Civil Relief Act, Defendants. Rena Brown aka Renee Brown aka Renee A. Lawrence, Eric Brown aka Eric W. Brown aka Eric Wesley Brown, Lisa Brown aka Lisa Brown, Hoff, Michael Enoch Brown, Karen Brown aka Karen M. Brown aka Karen Michelle Brown, and Michael C. Brown, Sr. aka Michael C. Brown aka Michael Clay Brown, Third Party Plaintiffs, v. Dorchester County, Third-Party Defendant. Of whom C.S. Carter and Dorchester County are the Respondents and Rena Brown aka Renee Brown aka Renee A. Lawrence, Eric Brown aka Eric W. Brown aka Eric Wesley Brown, Lisa Brown aka Lisa Brown Hoff, Michael Enoch Brown, Karen Brown aka Karen M. Brown aka Karen Michelle Brown, and Michael C. Brown, Sr. aka Michael C. Brown aka Michael Clay Brown, are the Appellants.

Evert Comer, Jr. of Evert Comer, Jr. Law Office, of Denmark, for Appellants. James Earle Reeves, of Summerville, for Respondent C.S. Carter. John G. Frampton, of St. George, for Respondent Dorchester County.

Rena Brown a/k/a Renee Brown a/k/a Renee A. Lawrence, Eric Brown a/k/a Eric W. Brown a/k/a Eric Wesley Brown, Lisa Brown a/k/a Lisa Brown Hoff, Michael Enoch Brown, Karen Brown a/k/a Karen M. Brown a/k/a Karen Michelle Brown, and Michael C. Brown, Sr. a/k/a Michael C. Brown a/k/a Michael Clay Brown (Appellants) appeal from the master-in-equity's order confirming a tax deed resulting from a tax sale, arguing the master erred in: (1) not setting aside the tax deed when mailing notices of the tax sale process were not sent to two grantees of record; (2) not setting aside the tax deed when the newspaper advertisement contained only the defaulting taxpayer; (3) ruling the grantees contained in the probated estate were not entitled to receive notices of the tax sale process; and (4) not granting Appellants' motion for summary judgment and motion for a new trial or to alter or to amend judgment when the taxing authority failed to include all grantees in the tax sale process.

 10:40 a.m. (Time Limits: 15-15-5)  
2012-213180    Duke Energy Corporation, Appellant, v. South Carolina Department of Revenue, Respondent.

Burnet Rhett Maybank, III, and Tanya Amber Gee, all of Nexsen Pruet, LLC, of Columbia, for Appellant. Eric S. Tresh, of Atlanta, Georgia, for Appellant. Maria M. Todorova, of Atlanta, Georgia, for Appellant. Jeffrey A. Friedman, of Washington, DC, for Appellant. John Marion S. Hoefer, John William Roberts, and Tracey Colton Green, all of Willoughby & Hoefer, PA, of Columbia, for Respondent. Milton Gary Kimpson, of Columbia, for Respondent. Harry A. Hancock, of Columbia, for Respondent. Jonathon Abraham Gutting of Young Clement Rivers, of Charleston, for Respondent. Charles T. Speth, II, of Ogletree Deakins, of Columbia, for Amicus Curiae South Carolina State Chamber of Commerce. Lewis Gossett of Columbia, for Amicus Curiae South Carolina Manufacturers Alliance.

This case arises from the South Carolina Department of Revenue's denial of amended income tax returns filed by Duke Energy for tax years 1978-2001. Specifically, the issues on appeal are: whether the returns were timely filed; whether Duke Energy could include principal from the sales of securities in the apportionment formula; and whether Duke Energy is a "manufacturer" for purposes of apportionment.

Wednesday, February 19, 2014
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2013-000198    Permanent General Assurance Company, Respondent, v. Karen D. Givens, Individually and as Personal Representative of the Estate of E. C. Givens, and Kayla Givens, Appellants.

Donald Jay Budman of Solomon Budman & Stricker, LLP, of Charleston, for Appellants. Adam J. Neil and Wesley Brian Sawyer, both of Murphy & Grantland, PA, of Columbia, for Respondent.

Karen Givens appeals the order of the trial court ruling Permanent General Assurance Company was not obligated to provide insurance liability coverage to the estate of Givens's minor daughter.

 2:20 p.m. (Time Limits: 10-10-5)  
2012-213526    South Carolina Department of Social Service, Respondent, v. Crystal B.P., John W.B., Sr., Defendants, Of Whom Crystal B.P. is the Appellant, In the interest of a minor child under the age of 18 years.

Michael Ray Lee, of Lee Law Offices, PA, of Spartanburg, for Appellant. Deborah Murdock, of Murdock Law Firm, LLC, of Mauldin. for Respondent. Michael Todd Thigpen, of Spartanburg, for Guardian Ad Litem.

Crystal B. P. appeals the termination of her parental rights (TPR) to her minor child, arguing the family court erred in finding TPR was in the child's best interest.

Thursday, February 20, 2014
Courtroom I
 10:40 a.m. (Time Limits: 10-10-5)  
2013-000005    Neal Beckman, Employee, Appellant, v. Sysco Columbia, LLC., Employer, and Gallagher Bassett Services, Inc., Carrier, Respondents.

Frederick W. Riesen, Jr. of Riesen Law Firm, LLP, of North Charleston, for Appellant. Stephen Benjamin Samuels of Samuels Law Firm, LLC, of Columbia, for Appellant. Joseph Hubert Wood, III, and Kathryn Fiehrer Walton, both of Wood Law Group, LLC, of Charleston, for Respondents.

In this appeal from the Workers' Compensation Commission, Neal Beckman argues the Commission erred in finding he was limited to a disability award for his back as a scheduled member when the evidence showed he should have been awarded disability under the loss of earning capacity statute.

 11:20 a.m. (Time Limits: 10-10-5)  
2013-000020    Keith Roberts and Lot 12 Yellow House, LLC, Appellants, v. Randall J. Drew, Respondent.

Thomas A. Pendarvis and Catherine Brown Kerney, both of Pendarvis Law Offices, PC, of Beaufort, for Appellants. David W. Overstreet and Andrew W. Countryman, both of Carlock Copeland & Stair, LLP, of Charleston, for Respondent.

Appellants, Keith Roberts and Lot 12 Yellow House, L.L.C., appeal the circuit court's grant of Respondent Randall J. Drew's motion for summary judgment. Appellants argue the circuit court improperly found the statute of limitations barred Appellants' claim, as the circuit court erred in 1) concluding Appellants should have known Respondent's advice was incorrect, 2) failing to find Respondent equitably estopped from claiming statute of limitations as a defense, and 3) making erroneous findings of fact.

 1:40 p.m. (Time Limits: 10-10-5)  
2012-213634    Richard A. Fisher, Platte B. Moring, Jr., Trustee of the Platte B. Moring, Jr. Living Trust dated March 13, 2001; Marianne Kochanski, and Jim H. Markley, III, Individually, and in a Representative Capacity on Behalf of All Persons Similarly Situated Who Own Units in Buildings C and D of the Shipyard Village Horizontal Property Regime; Robert A. Wright, Mary Beth C. Wright, H. Allen Wright, Joyce Y. Wright and Carolyn L. Wright; Carmen J. Savoca, Ann D. Savoca, William John Savoca and Donna S. Strom; James T. Hunter and Mary D. Hunter; Dwain C. Andrews; WWS, LLC, a South Carolina Limited Liability Company; Donald L. Henson and Sandra L. Henson; Allen M. Funk; Norman J. Rish and Mary T. Rish; Angela M. Markley; Walter C. Worsham and Carolyn W. Worsham; Enrico S. Piraino and Giusto Piraino; Otis T. Harrison and Rose C. Harrison; James E. Newman, Jr.; Brenda E. Fisher and Joseph R. Canning and Kathleen B. Canning; James D. Reynolds, Jr.; Fuller Family, LLC; Richard T. White and Rory L. White; Propst and Dawson, LLC; Litchfield Quarters, LLC, and Larry O. Snider and Paula D. Snider; William C. Hammond, Jr., Living Trust and the Shawn S. Hammond Living Trust; GAB IV, LLC, a Virginia Limited Liability Company; Robert C. McBride and Susan R. McBride, Trustees of the Robert C. McBride Family Trust u/d/t July 24, 2008, and Susan R. McBride and Robert C. McBride, Trustees of the Susan R. McBride Family Trust u/d/t July 24, 2008; Evelyn J. Valuska; Barbara W. Beymer; Montrose Associates, LLC; Harry L. Belk and Jan C. Belk; Dennis E. Barrett and Wilma J. Barrett; First Family Properties, Inc., Cynthia L. Jones, Sandra D. Huggins and Margaret S. Dover, Thomas Franklin Huggins, Frank S. Krouse and Barbara T. Krouse, Judith W. Mill, William Mill and Susan Mill, Gene R. Riley and Patricia C. Riley, Harold LeMaster and Patti LeMaster; Joseph P. Heaton and Frances H. Heaton; Robert N. Kelly; H. S. Keeter and Sandra C. Keeter; Brian R. Nisbet Trust Agreement dated November 16, 1998 and Mary M. Nisbet Trustee of the Mary M. Nisbet Trust Agreement dated November 16, 1998, Dorothy Jean Foster; Captains Quarters D-24 Association of Owners, Inc., Michael H. Sanders and Rebecca H. Sanders, Ruth Gray Wheliss, David B. Shivell and Nicki M. Shivell, Debra B. Leeke, Joseph Alan Capobianco and Lara Serro, Sharon Gibson Daniel, Gary C. Andes and Andrea W. Andes, Jay Hendler and Laura Hendler, Joy P. McConnell, Charles W. Fortner, Judith C. Woodson, Warren W. Riggs and Charles G. Martin, Riggs Ventures, LLC, and SGS Beach Partners, LLC; Morgan J. Mann and Angela M. Mann; Michael Cameron Foster, Sr. and Laura Lee Foster; Captains Quarters Unit D-31 Association of Multiple Ownerships, Inc., Evelyn Gail Earnest, Francis G. Thomson and Arleen S. Thomson, Robert W. Dalton, Red Oak Limited Partnership, William R. McKeown and Margaret A. McKeown, Norman K. Moon and Barbara W. Moon, David T. McGill and Carol G. McGill, Rick L. Bledsoe and Susan H. Bledsoe, Geoffrey A. Wienke and Pamela L. Wienke, A. Donald Ross, III and Nancy Kay Ross, Dennis J. Straw and Roxanne B. Straw, and Resort Investments of Litchfield, LLC; Georgia M. Pruitt and Howard M. Pruitt, Jr.; Jean T. Blaylock; William C. Covington, Jr. and Donna C. Covington; Litchfield Captain's Quarters, LLC; James A. Schubert and Laraine C. Schubert; Daniel P. Duvall and Mary Lynn Duvall; Victor A. Medina and Melinda Leigh Medina; Judy P. Hamer; Boyce F. Miler and Carole L. Miller, Raymond A. Shingler and Louise O. Shingler, Paul Larry Barnette and Carol Jane Barnette, James R. Walker and Erika T. Walker, Kathy W. Underwood, Andrew J. Wingo, Jr. and Susan A. Wingo, Melanie S. Franklin, Lois E. Cooley, Truseee of the Lois E. Cooley Living Trust, B. Lee Smith and Margaret H. Smith, Jason A. Underwood, Camilla J. Wilson; Stewart South, LLC; Quarter South, LLC; Steven H. Frame and Kay B. Frame, Respondents. v. Shipyard Village Council of Co-Owners, Inc., Appellant. Shipyard Village Council of Co-Owners, Inc., Third-Party Plaintiff, v. Cincinnati Insurance Company, Travelers Insurance Company, Companion Property & Casualty Insurance Company, Philadelphia Insurance Company, Zurich American Insurance Company, American Guarantee and Liability Ins. Co., St. Paul Fire and Marine Insurance Company, and Illinois National Insurance Company, Third-Party Defendants.

Carlyle Richardson Cromer and R. Wayne Byrd, both of Turner Padget Graham & Laney, PA, of Myrtle Beach, for Appellant. Howell V. Bellamy, Jr. and Howell Vaught Bellamy, III, both of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., of Myrtle Beach, for Respondents.

Shipyard Village Council of Co-Owners, Inc. appeals the circuit court's grant of partial summary judgment, arguing it did not have a duty to investigate, the business judgment rule should have applied, and a jury could have found it did not breach any duty.

 2:20 p.m. (Time Limits: 10-10-5)  
2013-000865    Child One and Child Two, minors under the Age of Fourteen by their Guardian ad Litem, Joseph Johnson, Sr., Appellants, v. South Carolina Department of Social Services, Respondent.

Michael T. Miller of Wukela Law Office, of Florence, for Appellant. Joseph P. McLean of Clarke Johnson Peterson & McLean, PA, of Florence, for Respondent.

Child One and Child Two, through their guardian ad litem, Joseph Johnson, Sr. appeal the circuit court's grant of summary judgment, arguing the court erred in finding: (1) the South Carolina Department of Social Services (SCDSS) did not owe them a duty of care; and (2) SCDSS was entitled to immunity under the Tort Claims Act.

Tuesday, February 4, 2014
Courtroom II
 10:00 a.m. (Time Limits: 10-10-5)  
2012-207406    Kimberly M. Morrow, Respondent, v. South Carolina Department of Employment and Workforce and A Wing and A Prayer, Inc., Defendants, Of whom South Carolina Department of Employment and Workforce is the Appellant, and A Wing and A Prayer, Inc. is the Respondent.

Eugene Belton McLeod, III, and Debra Sherman Tedeschi, both of Columbia, for Appellant. Kimberly M. Morrow, pro se, Respondent.

This appeal considers whether the Administrative Court exceed its scope of review and whether the record contained substantial evidence to support the South Carolina Department of Employment and Workforce's decision that Morrow was ineligible to receive unemployment benefits. This appeal also considers whether the evidence concerning Morrow's interest in the company that employed her met the burden required to establish her unemployment eligibility.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2012-209566    TD Bank National Association, Successor by Merger to Carolina First Bank, Respondent, v. Copper Lakes, LLC f/k/a Tall Pines Investments, LLC, and Silver Real Estate Fund I, L.P., Defendants, Of whom Silver Real Estate I, L.P. is the Appellant.

Keith M. Babcock, A. Camden Lewis, and Ariail Elizabeth King. all of Lewis Babcock & Griffin, LLP, of Columbia, for Appellant. Michael James Bogle, Catherine Farrell Wrenn, and James Matthew Trent, all of Womble Carlyle Sandridge & Rice, LLP, of Greenville, for Respondent.

Silver Real Estate Fund appeals an order of reference to the master, arguing it should be vacated because improprer procedure was applied because this was a deficiency judgment in addition to a foreclosure and further it was entitled to a jury trial.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2012-209947    The State, Appellant, v. Wayne McCombs, Respondent.

Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Appellant. Solicitor David Michael Pascoe, Jr., of Orangeburg, for Appellant. Andrew John Savage, III, of Savage Law Firm, of Charleston, for Respondent.

In this criminal appeal, the State argues the circuit court erred in finding Wayne Daniel McCombs's prior bad act was not admissible in his trial for lewd act with a minor.

 
 12:00 p.m. (Time Limits: 10-10-5)  
2012-212013    The State, Appellant, v. Raymond Franklin, Respondent.

Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., of Columbia, for Appellant. Matthew Price Turner, of Turner & Burney, PC, of Laurens, for Respondent.

In this assault and battery case, the State contends the trial court erred in suppressing one of Franklin's statements because the evidence in the record indicates the statement was not induced by threats or violence, obtained by any direct or implied promises, nor was it obtained by exertion of improper influence such that Franklin's will was overborne. Additionally, the State argues the trial court erred in relying on the officers' fact suggestions to find the statement was involuntary.

 
Wednesday, February 5, 2014
Courtroom II
 09:15 a.m. (Time Limits: 10-10-5)  
2011-202926    The State, Respondent, v. Ricky S. Bowman, Appellant.

Appellate Defender Benjamin John Tripp, of Columbia, for Appellant. Assistant Public Defender Breen Stevens, of Orangeburg, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Christina J. Catoe, both of Columbia, for Respondent.

This appeal considers whether the circuit court erred by closing the courtroom for the testimony of two State witnesses and whether the circuit court erred by admitting two out-of-court photographic lineup identifications and subsequent in-court identifications by two State witnesses.

 
 10:00 a.m. (Time Limits: 10-10-5)  
2011-192126    The State, Respondent, v. Kendrick Littlejohn, Appellant.

Assistant Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent.

Kendrick Littlejohn appeals his convictions of assault and battery with intent to kill and lynching in the second degree. He contends the trial court erred in denying his motion for a directed verdict as to the lynching charge because the State presented no evidence he assembled with others with the common purpose and intent of committing an act of violence against the victim. He also maintains the trial court erred in allowing a witness to testify as to another person's motivation because it was speculative. Additionally, Littlejohn argues the trial court erred in failing to instruct the jury as to the lesser included offense of assault and battery.

 
 10:00 a.m. (Time Limits: 10-10-5)  
2011-192126    The State, Respondent, v. Kendrick Littlejohn, Appellant.

Assistant Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent.

Kendrick Littlejohn appeals his convictions of assault and battery with intent to kill and lynching in the second degree. He contends the trial court erred in denying his motion for a directed verdict as to the lynching charge because the State presented no evidence he assembled with others with the common purpose and intent of committing an act of violence against the victim. He also maintains the trial court erred in allowing a witness to testify as to another person's motivation because it was speculative. Additionally, Littlejohn argues the trial court erred in failing to instruct the jury as to the lesser included offense of assault and battery.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2012-205888    The State, Respondent, v. Leslie Parvin, Appellant.

Dwight Franklin Drake and Michael J. Anzelmo, both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Brendan Jackson McDonald, all of Columbia, for Respondent. Solicitor Daniel Edward Johnson, of Columbia, for Respondent.

In this criminal appeal, Leslie Todd Parvin argues the trial court committed reversible error in allowing inadmissible hearsay statements from two witnesses. He contends the hearsay was the heart of the State's case to the jury, and, thus, the trial court's error was not harmless.

 
Cases to be Submitted Without Oral Argument
2011-188048    Troy Zeigler, Petitioner, v. State of South Carolina, Respondent.

2012-213188    The State, Respondent, v. Charles Anderson, Appellant.

2012-213138    The State, Respondent, v. Verntirell Dukes, Appellant.

2010-181706    Michael Watson, Petitioner, v. State of South Carolina, Respondent.

2013-000985    Cellular Sales of South Carolina, LLC, Appellant, v. South Carolina Department of Employment and Workforce, Respondent.

2012-212564    The State, Respondent, v. Jerod Swinton, Appellant.

2012-211486    In the Matter of the Care and Treatment of Dusty A. Cyr, Appellant.

2012-212797    The State, Respondent, v. Charles Monroe Harris, Appellant.

2012-212986    The State, Respondent, v. Ryan Carl Newman, Appellant.

2012-212907    The State, Respondent, v. Frederick L. Flowers, Appellant.

2012-213713    Emily Williams, Appellant, v. L'Oreal USA, Inc., Respondent.

2012-211994    The State, Respondent, v. Andre Green, Appellant.

2011-203631    Michael Bohannan, Petitioner, v. State of South Carolina, Respondent.

2012-213302    The State, Respondent, v. James Watson, Appellant.

2013-000497    The State, Respondent, v. Kenneth Wayne Whitworth, Appellant.

2012-208206    City of Rock Hill, Appellant, v. Ronnie Pickett, Respondent.

2012-209187    The State, Respondent v. Antonio Lee Dodd, Appellant

2012-212903    The State, Respondent, v. Brandon Greene, Appellant.

2012-212537    Tony Ray Green and Frances K. Pittman, Appellants, v. Samuel D. Humphries and Veronica L. Humphries, Respondents

2013-001072    The City of Columbia, Respondent, v. William K. Wilson, Appellant.

2012-212578    The State, Respondent, v. Whitney Span, Appellant

2012-212429    Mell Woods, Appellant, v. John D. Hinson, Christine E. Jones, John C. Hinson, Kathy Huffstickle, Robert H. Hinson, Darrell W. Hinson, Charles J. Hinson, Willliam L. Hinson, Elaine H. Hensley, William C. Hinson, Jr., John Does, (1-5), Jane Does, (1- 2), Respondents.

2012-211288    James Marion Branham, Petitioner, v. State of South Carolina, Respondent.

2012-212314    Antwon Garrett, Petitioner, v. State of South Carolina, Respondent.

2012-212710    The State, Respondent, v. Dawone Q. Davis, Appellant.

2012-212542    The State, Respondent, v. Richard F. Jones, Appellant.

2012-212503    John Barbare, Petitioner, v. State of South Carolina, Respondent.

2012-213369    The State, Respondent, v. Darrell Florez, Appellant.

2011-187406    The State, Respondent, v. Andrew James Harrelson, Jr. Appellant.

2013-000042    Bernard Bagley, #175851, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent.

2012-208630    Timothy Earl Green, Petitioner, v. State of South Carolina, Respondent.

2012-208009    Jose N. Alvarenga, Petitioner, v. State of South Carolina, Respondent.

2012-212880    Marvin Mims, Petitioner v. State of South Carolina, Respondent.

2011-192930    Jason Orlando Riley, Petitioner, v. State of South Carolina, Respondent.

2013-000633    The State, Respondent, v. Brian T. Jenkins, Appellant.

2012-211647    Sherman Dewalt, Petitioner, v. State of South Carolina, Respondent.

2011-182549    James Jamal Williams, Petitioner, v. State of South Carolina, Respondent.

2011-203566    The State, Respondent, v. Anthony Rodrickus Carter, Appellant.

2012-212712    The State, Respondent v. John W. Barnette, Appellant

2012-212911    Jimmy Belton, Petitioner, v. State of South Carolina, Respondent.

2012-205987    Lazarus M. Brannon, Petitioner, v. State of South Carolina, Respondent.

2013-000757    Horry County, a Body Politic, Respondent, v. Aquasino Partners of South Carolina LLC, Suncruz Casino Cruises, LLC, Ventures South Carolina, LLC, Suncruz Casinos, LLC, and Highland Park Real Estate Development Corporation, Defendants, Of whom Aquasino Partners of South Carolina, LLC, Suncruz Casino Cruises, LLC, and Highland Park Real Estate Development Corporation, are the Appellants.

2013-000683    The State, Respondent, v. Bobby McConnell, Appellant.

2012-212478    The State, Respondent, v. Mykel Johnson, Appellant.

2011-199420    Donald Carter, Petitioner, v. State of South Carolina, Respondent.

2012-207561    Dwayne R. Clark, Petitioner, v. State of South Carolina, Respondent.

2011-183266    The State, Respondent, v. Tina Dockery, Appellant.

2012-213412    The State, Respondent, v. David Vice, Appellant.

2013-000450    Pinepoint Associates, LP, Respondent, v. Vanevery Enterprises, Inc., Sandy Vanevery, GTH Enterprises, Inc., and Timothy R. Seibold, Defendants, Of whom Vanevery Enterprises, Inc. and Sandy Vanevery are the Appellants.

2011-183386    Cody Sintell Waters, Petitioner, v. State of South Carolina, Respondent.