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February 2022 |
NEXT
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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, 2022 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-000586 Meredith Hastings Manley, Respondent,
v.
Earl Carrara, Appellant. Lawrence E. Richter, Jr., of The Richter Firm, LLC, of Mount Pleasant, for Appellant. Anthony P. LaMantia, III, of LaMantia Law Firm, of Mount Pleasant, for Respondent. Paul E. Tinkler and William P. Tinkler, both of Charleston, for Respondent. This is an appeal of a family court order sealing the records in a collection of related family court cases. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2018-002085 The State, Respondent,
v.
Shannon Earl Garland, Appellant. Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia; and Solicitor William Walter Wilkins, III, of Greenville, all for Respondent. Shannon Garland appeals his convictions for exposure of private parts in a lewd and lascivious manner, criminal sexual conduct (CSC) with a minor in the first degree, and CSC with a minor in the third degree, arguing the circuit court erred in allowing the minor's therapist to testify as an expert in sex abuse and child sex abuse dynamics. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2018-002229 Russell L. Bauknight, as Trustee of the James Brown 2000 Irrevocable Trust and the James Brown Legacy Trust, as Personal Representative of the Estate of James Brown, and on behalf of Alan Wilson, in his capacity as Attorney General of the State of South Carolina; Tommie Rae Brown, individually and on behalf of her minor child, James B. II; Daryl J. Brown, individually and on behalf of his minor child, Janise B.; Lindsey Delores Brown; Deanna J. Brown Thomas; Jason Brown-Lewis; Yamma N. Brown, individually and on behalf of her minor children Sydney L. and Carrington L.; Tonya Brown; Venisha Brown; Larry Brown; and Terry Brown
And
Alan Wilson, in his capacity as Attorney General of the State of South Carolina; Tommie Rae Brown, individually and on behalf of her minor child, James B. II; Daryl J. Brown, individually and on behalf of his minor child Janise B.; Lindsey Delores Brown; Deanna J. Brown Thomas; Jason Brown-Lewis; Yamma N. Brown, individually and on behalf of her minor children Sydney L. and Carrington L.; Tonya Brown; Venisha Brown; Larry Brown; and Terry Brown, Plaintiffs,
Of whom Russell L. Bauknight, as Trustee of the James Brown 2000 Irrevocable Trust and the James Brown Legacy Trust, as Personal Representative of the Estate of James Brown, and on behalf of Alan Wilson, in his capacity as Attorney General of the State of South Carolina; Tommie Rae Brown, individually and on behalf of her minor child, James B. II; Daryl J. Brown, individually and on behalf of his minor child, Janise B.; Lindsey Delores Brown; Deanna J. Brown Thomas; Jason Brown-Lewis; Yamma N. Brown, individually and on behalf of her minor children Sydney L. and Carrington L.; Tonya Brown; Venisha Brown; Larry Brown; and Terry Brown
And
Tommie Rae Brown, individually and on behalf of her minor child, James B. II; Daryl J. Brown, individually and on behalf of his minor child Janise B.; Lindsey Delores Brown; Deanna J. Brown Thomas; Jason Brown-Lewis; Yamma N. Brown, individually and on behalf of her minor children Sydney L. and Carrington L.; Tonya Brown; Venisha Brown; Larry Brown; and Terry Brown are Respondents,
v.
Adele J. Pope and Robert L. Buchanan, Jr., Defendants,
Of whom Adele J. Pope is the Appellant. Adam Tremaine Silvernail, of Law Ofc. of Adam T. Silvernail, of Columbia; William Jeffrey Smith, of Newberry; Daryl L. Williams, of Gertz & Moore, LLP, of Columbia; and Charles E. Carpenter, Jr., of Carpenter Appeals & Trial Support, LLC, of Columbia, all for Appellant. Kenneth B. Wingate, Mark V. Gende, and Aaron Jameson Hayes, all of Sweeny Wingate & Barrow, PA, of Columbia; and Everett Augustus Kendall, II, of Murphy & Grantland, PA, of Columbia, all for Respondents. Adele J. Pope, former personal representative under the will of James Brown and trustee of his 2000 Irrevocable Trust, appeals the circuit court's order declining to dismiss Respondents' 2010 complaint against her and co-trustee, Robert Buchanan, Jr., and the order granting summary judgment to Respondents on Pope's counterclaims. She appeals other orders as well, arguing the Attorney General's actions in the Brown Estate matter deprived her due process. |
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Wednesday, February 9, 2022 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2019-000518 Richard Walter Meier and the Estate of William Carl Meier, by and through Conrad Meier, its Personal Representative, Appellants,
v.
Mary J. Burnsed, Respondent. H. Fred Kuhn, Jr., of Moss Kuhn & Fleming, PA, of Beaufort, for Appellants. James B. Richardson, Jr., of Columbia; Peggy McMillan Infinger, of Belk Cobb Infinger & Goldstein, PA, of Charleston; and Paul H. Infinger, of Paul H. Infinger, LLC, of Beaufort, all for Respondent. This case involves a dispute over the proceeds of a life insurance policy based on whether section 62-2-507 of the South Carolina Code applies to revoke a beneficiary designation of a spouse made before a divorce when both the beneficiary designation and divorce occurred prior to the effective date of the statute. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-000556 Isaac D. Brailey, Claimant, Appellant,
v.
Michelin North America, Inc., (US7), Employer, and Safety National Casualty Corp., Carrier, Respondents. Stephen Benjamin Samuels, of Samuels Reynolds Law Firm LLC, of Columbia, for Appellant. Grady Larry Beard and Jasmine Denise Smith, both of Robinson Gray Stepp & Laffitte, LLC, of Columbia, for Respondents. In this workers' compensation appeal, Appellant Isaac D. Brailey argues the Appellate Panel of the South Carolina Workers' Compensation Commission erred by affirming the order of the single commissioner denying the claim. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2019-000516 Palmetto Air Plantation Homeowners Association, Inc., Respondent,
v.
Kim E. Bevier, Appellant. Thomas E. Player, Jr., of Player & McMillan, LLC, of Sumter, for Appellant. Steven Smith McKenzie, of Coffey & McKenzie, PA, of Manning, for Respondent. In this civil action, Kim E. Bevier appeals the circuit court's grant of partial summary judgment in favor of Palmetto Air Plantation Homeowners Association, Inc. |
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Thursday, February 10, 2022 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2019-000374 Basilides F. Cruz, Joseph A. Floyd, Sr., Arthur C. Gillam III, Alma C. Hill, Barry N. Martin, Charles F. Morris, Sr., and Joseph A. Smith, Appellants,
v.
City of Columbia, Respondent.
And
Larry Strickland, Denious L. Dimery and Bailey G. McClinton, Appellants,
v.
City of Columbia, Respondent. Nancy Bloodgood and Lucy Clark Sanders, of Bloodgood & Sanders, LLC, of Mt. Pleasant; Christopher James Bryant, of Columbia; and Susan King Dunn, of Charleston, all for Appellants. W. Allen Nickles, III, of Nickles Law Firm, of Columbia, for Respondent. This case comes back to our court following a remand to the circuit court for a determination of whether the plaintiffs, retired firefighters for the City of Columbia, could prove their claim for promissory estoppel based on the City's promise to provide no charge health insurance through retirement. The circuit court found in favor of the City concluding the plaintiffs could not establish the necessary damages to prevail on their claim. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-000575 Ditech Financial, LLC, Respondent
v.
Kevin G. Snyder, individually and as Personal Representative of the Estate of Mary Snyder, Appellant. Jason Scott Luck, of Luck VI Ltd. Co. d/b/a Jason Scott Luck, Attorney at Law, of Bennettsville, for Appellant. George Benjamin Milam and Jonathan Edward Schulz, both of Bradley Arant Boult Cummings, LLP, of Charlotte, NC; and Michael Casin Griffin, of Waxhaw, NC, all for Respondent. In this civil action, Kevin Snyder appeals the master-in-equity's orders granting Ditech Financial LLC's motion to amend the case caption, denying his motion to compel discovery, granting partial summary judgment in favor of Ditech, and the master's order and judgment of foreclosure and sale. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2018-002133 The State, Appellant,
v.
Sylvester Ferguson, III, Respondent. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia; and Solicitor David Matthew Stumbo, of Greenwood, all for Appellant. David Alexander, of Columbia, for Respondent. In this criminal appeal, the State of South Carolina asserts the trial court erred in suppressing evidence of methamphetamine manufacturing pursuant to Article 1, Section 10 of the South Carolina Constitution. Particularly, the State argues the trial court erred in (1) finding officers needed reasonable suspicion before approaching the apartment Sylvester Ferguson occupied to conduct a "knock-and-talk" and (2) ruling the officers did not have reasonable suspicion to approach the apartment. |
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Tuesday, February 15, 2022 | |
Courtroom I
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11:20 a.m. | (Time Limits: 10-10-5) |
2018-000770 The State, Respondent,
v.
Derrick Lamar Porter, Appellant. David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Ambree Michele Muller, both of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, all for Respondent. Derrick Lamar Porter appeals his convictions of attempted murder and possession of a weapon during the commission of a violent crime, arguing the circuit court erred in refusing to charge the jury on the prior difficulties between Porter and the victim. |
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Wednesday, February 16, 2022 | |
Courtroom I
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10:40 a.m. | |
2017-002353 Dameion Jermiah Rivers, Petitioner,
v.
State of South Carolina, Respondent. Taylor Davis Gilliam, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Chelsey Faith Marto, of Columbia, for Respondent.
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11:20 a.m. | (Time Limits: 15-15-5) |
2019-000687 The State, Respondent,
v.
Gabrielle Oliva Lashane Davis Kocsis, Appellant. Jason Scott Luck, of Luck VI Ltd. Co. d/b/a Jason Scott Luck, Attorney at Law, of Bennettsville; and Susan Barber Hackett, of Columbia, both for Appellant. Attorney General Alan McCrory Wilson and Julianna E. Battenfield, both of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, all for Respondent. Gabrielle Olivia Lashane Davis-Kocsis appeals her convictions for murder, first-degree burglary, criminal conspiracy, and two counts of kidnapping. On appeal, Davis-Kocsis argues the trial court erred by (1) failing to charge the current law of burglary, (2) failing to direct verdicts on the burglary and kidnapping charges, (3) sentencing her for kidnapping in light of her murder sentence, and (4) admitting a 911 call. |
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Thursday, February 17, 2022 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2019-000326 The State, Respondent,
v.
Stephen Grant Parten, Appellant. Jessica M. Saxon, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia; and Solicitor David Rhys Wagner, Jr., of Anderson, all for Respondent. Stephen G. Parten appeals his convictions for voluntary manslaughter, possession of a weapon during the commission of a violent crime, second-degree assault and battery, grand larceny, and second-degree burglary. Parten argues the trial court erred in (1) refusing to sever the grand larceny and burglary charges from the murder, attempted murder, and kidnapping charges; (2) admitting a 911 call that contained inadmissible hearsay; and (3) admitting a photograph of the deceased over Parten's Rule 403, SCRE, objection. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-000071 The State, Respondent,
v.
Leslie Davis, Appellant. Adam Sinclair Ruffin, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Joshua Abraham Edwards, both of Columbia; and Solicitor Jimmy A. Richardson, II, of Conway, all for Respondent. In this criminal appeal, Leslie Davis contends the trial court erred in admitting into evidence his prior conviction for rape in the first degree, a necessary element to prove criminal sexual conduct under section 16¬3¬655(A)(2) of the South Carolina Code (2015). Specifically, Davis argues the trial court should have required the State to accept his offer to stipulate to this element of the offense and in refusing to do so substantially and unfairly prejudiced his case pursuant to Rule 403, SCRE. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2019-000352 The State, Respondent,
v.
Nicholas Benjamin Chhith-Berry, Appellant. Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and J. Anthony Mabry, all of Columbia; and Solicitor Samuel R. Hubbard, III, of Lexington, all for Respondent. Nicholas Benjamin Chhith-Berry appeals his convictions for murder and possession of a weapon during the commission of a violent crime. He contends the trial court erred by (1) denying him immunity from prosecution pursuant to the Protection of Persons and Property Act; (2) failing to allow him to present testimony that the deceased shot two people four months prior to his death; (3) failing to instruct the jury on the doctrine of imperfect defense of others; and (4) failing to grant his motion for a mistrial because the jurors engaged in premature deliberations. |
Wednesday, February 9, 2022 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2019-000451 Nicole Lampo, Respondent,
v.
Amedisys Holding, LLC, and Leisa Victoria Neasbitt, Appellants. George A. Reeves, III, of Fisher & Phillips, LLP, of Columbia; and Jason D. Keck, of Chicago, IL, both for Appellants. James Paul Porter, of Cromer Babb Porter & Hicks, LLC, of Columbia, for Respondent.
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10:40 a.m. | (Time Limits: 10-10-5) |
2018-002240 The State, Respondent,
v.
James Richard Rosenbaum, Appellant. Susan Barber Hacket,t of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General William M. Blitch, Jr., both of Columbia; and Solicitor Jimmy A. Richardson, II, of Conway, all for Respondent.
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11:20 a.m. | (Time Limits: 10-10-5) |
2019-000644 Jennifer McFarland and Carlton Holcombe, Appellants,
v.
Thomas Morris and David Hannemann, Respondents. Russell Grainger Hines, of Clement Rivers, LLP, of Charleston, for Appellants. Morgan S. Templeton, Graham Pollock Powell, and William Wharton Watkins, Jr., all of Wall Templeton & Haldrup, PA, of Charleston; and John Joseph Dodds, IV, of Yarborough Applegate, LLC, of Charleston, all for Respondents. In this dispute between members and directors of a homeowners' association, Appellants Jennifer McFarland and Carlton Holcombe challenge the circuit court's order denying their request for declaratory and injunctive relief against Respondents Thomas Morris and David Hannemann. Appellants argue the circuit court erred in concluding that Respondents did not breach the standard of care for directors of nonprofit corporations set forth in section 33-31-830 of the South Carolina Code because the evidence showed Respondents' bad faith and self-dealing. Appellants also argue the circuit court's conclusion that Appellants had unclean hands was not supported by the evidence. |
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12:00 p.m. | (Time Limits: 10-10-5-5) |
2019-000513 Brown Contractors, LLC, under S.C. Residential Builders License No. 20378, Appellant/Respondent,
v.
Andrew Joseph McMarlin a/k/a Andrew Joseph McMarlin and Amy Salzhauer, Respondents/Appellants.
And
Andrew McMarlin and Amy Salzhauer, Respondents/Appellants,
v.
James Brown, IV and Brown-Meihaus Construction Co., LLC, Third-Party Defendants. Robert Bratton Varnado, of Brown & Varnado, LLC, of Mt. Pleasant, for Appellant-Respondent. Robert T. Lyles, Jr., of Lyles & Associates, LLC, of Mt. Pleasant, for Respondents-Appellants. This cross-appeal arises from claims for the foreclosure of a mechanics' lien, breach of contract, and negligence related to the renovation of a home. On appeal, Brown Contractors argues the Special Referee erred in (1) finding Brown Contractors was not licensed and, thus, not entitled to pursue a mechanics' lien; (2) allowing the McMarlins to make a damages claim without proving their compliance with the South Carolina Notice and Opportunity to Cure Construction Dwelling Defects Act; (3) finding the omission of Brown Contractors' license number on the mechanics' lien violated section 29 5 15 of the South Carolina Code; and (4) granting attorney's fees to the McMarlins. The McMarlins argue the Special Referee erred in holding Jay Brown was not personally liable and not ruling on their alter ego and amalgamation claims in regards to Jay Brown's personal liability. |
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Cases to be Submitted Without Oral Argument | |
2019-002068 |
The State, Respondent,
v.
Elizabeth Leanne Howze, Appellant.
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2019-001107 |
Thomas Ford, III, Appellant,
v.
Town of Hardeeville, Respondent.
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2019-001286 |
Jane Doe, Appellant,
v.
Crazy Horse Saloon and Restaurant, Inc., d/b/a Thee New Dollhouse and Dog Leg Right, LLC., Respondent.
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2019-000813 |
David G. Johnson, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001678 |
United States of America, Respondent,
v.
Edgar Payton; Willie Payton; Hattie Payton; F. Hamilton Dicks, III; the United States of America, acting through the Small Business Administration, successors in interest to Still & Williams, Inc.; SC Electric & Gas Co.; and David Payton, Defendants,
Of whom, Edgar Payton is Appellant.
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2019-000984 |
Michael Collins, Appellant,
v.
Norfolk Southern Corporation, Respondent.
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2019-001394 |
Beverly Bequeath-Collom, Employee, Appellant,
v.
SC Department of Education, Employer, and SC State Accident Fund, Carrier, Respondents.
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2019-001947 |
The State, Respondent,
v.
John Nathan Linen, II, Appellant.
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2020-000036 |
Merilee Landano, Respondent,
v.
Norman S. Landano Sr., Appellant.
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2019-001410 |
Gregory Pencille, #312332, Appellant,
v.
South Carolina Department of Corrections, Respondent.
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2018-002169 |
Edward W. Stackhouse, Petitioner,
v.
State of South Carolina, Respondent.
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2019-000454 |
The State, Respondent,
v.
Brandon Keith Moore, Appellant.
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2019-001533 |
Morgan Conley, Appellant,
v.
April Morganson, Respondent.
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2019-001508 |
Jimmy Boykin, Respondent,
v.
Zady Burton, individually and as Personal Representative of the Estate of Helen Burton and Sandy Boykin a/k/a Sandy Boykin, Jr., Defendants,
Of whom Zady Burton is the Appellant.
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2018-002170 |
Steven Craig Molloy and Island Group, Inc. d/b/a Carolina Cleaning, Plaintiffs,
Of which Steven Craig Molloy is the Appellant,
v.
Beaufort County; Gary Kubic, Individually, and as Beaufort County Administrator; Josh Gruber, Individually and as former Beaufort County In-House Attorney; Bryan Hill, Individually and as former Beaufort County Deputy Administrator; Shannon Loper, Individually, and as Employee of the Beaufort County Parks and Leisure; Stu Rodman, as finance Chair of Beaufort County Council; and Dave Thomas, Procurement Director for Beaufort County, South Carolina; Disabilities and Special Needs (Non-Profit); and Beaufort County DSN Board, Respondents.
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2019-000591 |
The State, Respondent,
v.
Robert David Nolen, Appellant.
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2020-000679 |
John Douglas Alexander, #194748, Appellant,
v.
Alan M. Wilson and State, Respondents.
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2020-000097 |
SCDSS - Vanessa Ortiz, Respondents,
v.
Ruben Gonzalez, Appellant.
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2020-000248 |
Melanie Shannon Freeman and Edward Freeman, Jr., Appellants,
v.
Erica Woodward and Brandon Lucas, Respondents.
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2020-000385 |
The State, Respondent,
v.
William Bruce Clark, Jr., Appellant.
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2019-001361 |
Courtney Ray Mitchell, Employee,Appellant,
v.
United Parcel Service, Employer, and Liberty Corporation, Carrier, Respondents.
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2019-000877 |
Wanda V. Berry and Gary A. Berry, Appellants,
v.
Scott Richardson d/b/a Chick-Fil-A of Sumter Mall, Respondent.
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2019-001007 |
The State, Respondent,
v.
Donald Ray Richburg, Appellant.
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2019-001682 |
Leticia, LLC, Movant,
In Re:
M&T Bank, Plaintiff,
v.
Tyrone Davis; Bobby J. Bellamy; BC Fund and Management LLC d/b/a BC Fund, LLC, Defendants.
And
M&T Bank, Respondent,
v.
Tyrone Davis, Bobby J. Bellamy, BC Fund and Management, LLC d/b/a BC Fund, LLC, Defendants,
Of whom Bobby J. Bellamy is the Appellant,
And
Tyrone Davis is the Respondent.
And
Bobby J. Bellamy, Appellant,
v.
William O. Smith, Third Party Defendant.
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2019-000648 |
Jefferson Davis, Jr., Appellant,
v.
Ellen Weaver, Chad Connelly, Oran P. Smith, Neil J. Mellen, Howard S. Rich, Rick Reames, Stephen D. Kirkland, Palmetto Promise Institute, Palmetto Family Council, Palmetto Family Alliance, South Carolinians for Responsible Government, SCRG Foundation, Access Opportunity South Carolina, Friedman Foundation for Educational Choice, Inc., Cato Institute, South Carolina Educational Credit for Exceptional Needs Children Fund, South Carolina Education Oversight Committee, South Carolina Department of Revenue, South Carolina Department of Labor, Licensing and Regulation, First Impressions, Inc., d/b/a Richard Quinn & Associates, First Tuesday Strategies, LLC, Bill Wilson, Jason Bedrick, Jim DeMint, Randy Page, Tony Denny, Phillip Cease, Melanie Barton, Doris Cubitt, Susan Thomas, John McCormick, Nate Leupp, Institute of Management Consultants USA, and John Doe(s) 1-40, Respondents.
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2020-001109 |
Lenorl Gandy, Respondent,
v.
Chandra Gandy, Appellant.
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2019-001582 |
Larell Purvis, #306499, Appellant,
v.
South Carolina Department of Corrections, Respondent.
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2019-001750 |
William B. Chisholm, Appellant,
v.
Guadalupe Juarez, Respondent.
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2019-001519 |
Nicoletta Roselli, Appellant,
v.
Richard T. Osborne, Respondent.
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2019-001842 |
The State, Respondent,
v.
Alfred Tyrone Walker, Appellant.
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2019-000469 |
The State, Respondent,
v.
Justin Gordon Hunter, Appellant.
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