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February 2024 |
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 6, 2024 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2021-000030 Kathleen S. Carter, Respondent,
v.
Joseph R. Carter, Appellant. Rebecca Brown West, of Harling & West, LLC, of Lexington; and Michele Dahl Sturkie, of Sturkie Law, LLC, of Florence, both for Appellant. Marian Dawn Nettles, of Nettles Turbeville & Reddeck, of Lake City; and Brendan Padgett Barth, of Barth, Ballenger & Lewis, LLP, of Florence, both for Respondent. Appellant Joseph Carter (Husband) appeals the family court's Final Divorce Decree dividing the marital estate, awarding $2,700.00 per month in alimony to Respondent Kathleen Carter (Wife) and requiring him to pay Wife's attorney fees. Husband also appeals the family court's order denying his motion for reconsideration. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2019-001272 Devatee Tymar Clinton, Petitioner,
v.
State of South Carolina, Respondent. Jessica M. Saxon, of Columbia, for Petitioner. D. Russell Barlow, II, of Columbia, for Respondent. In this post-conviction relief action against the State, Devatee Tymar Clinton appeals the circuit court's order finding his trial counsel was not ineffective where counsel failed to proffer and argue that the identification statements of a four-year-old witness were admissible as excited utterances or present sense impressions. |
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12:00 p.m. | (Time Limits: 10-10-10-10-5-5) |
2021-000633 Rachel J. Turner, Employee, Appellant-Respondent,
v.
Medustrial Healthcare Staffing Service and Condustrial, Inc.; Guarantee Insurance Company; Countrywide Staffing Solutions Group, Inc.; South Carolina Department of Corrections; State Accident Fund; and South Carolina Uninsured Employer's Fund, Respondents,
of which Condustrial, Inc. f/k/a Medustrial Healthcare Staffing Service, Employer, is the Respondent-Appellant. Stephen Benjamin Samuels, of Samuels Reynolds Law Firm LLC, of Columbia, for Appellant-Respondent. George D. Gallagher, of Speed, Seta, Martin, Trivett & Stubley, LLC, of Columbia, for Respondent-Appellant. Lisa C. Glover, of Lexington, for Respondent South Carolina Uninsured Employers' Fund. Edwin Pruitt Martin, Jr. and Erin Farrell Farthing, both of Lexington, for Respondents SC Department of Corrections and SC State Accident Fund. James Paul Newman, Jr., of Howser Newman & Besley, LLC, of Columbia; and Gregory Milam Alford, of Alford Law Firm LLC, of Hilton Head Island, both for Respondent Countrywide Staffing Solutions Group, Inc. Grady Larry Beard, Beth B. Richardson, and Jasmine Denise Smith, all of Robinson Gray Stepp & Laffitte, LLC, of Columbia, for Respondent South Carolina Property and Casualty Insurance Guaranty. This workers' compensation case arises from an incident that occurred while Rachel J. Turner was working as a contract nurse for the South Carolina Department of Corrections pursuant to its staffing agreement with Condustrial, Inc., f/k/a Medustrial Healthcare Staffing Service (Condustrial). On appeal, Turner argues the Appellate Panel of the South Carolina Workers' Compensation Commission (Appellate Panel) erred by (1) finding she was not entitled to continuing temporary total disability from the date of her injury, (2) finding her average weekly wage should be based on wages paid by her employer, and (3) denying her motion to submit additional and after discovered evidence. On cross appeal, Condustrial argues (1) Turner was an independent contractor and not an employee; (2) the Appellate Panel erred in holding Condustrial was uninsured because its service agreement with Countrywide Staffing Solutions Group, Inc. (Countrywide) included Turner's employment; (3) Because Countrywide should be treated as a Professional Employer Organization (P.E.O.), it should be liable for Condustrial's entire work force; and (4) Countrywide's carrier, Guarantee Insurance Company (Guarantee) provided coverage for Turner because coverage must follow the law. |
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Thursday, February 8, 2024 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2020-001583 Bonnie Wall, individually and derivatively, and Walter B. Wall, Jr, Appellants,
v.
Jonathan Dye, Shaun Dye, Shellmore Homeowners' Association, Inc., and John H. Chakides, Jr., invididually and in his capacity as Director of Shellmore Homeowners' Association, Inc., Respondents. Ainsley Fisher Tillman, of Ford Wallace Thomson LLC, of Charleston, for Appellants Bonnie Wall and Walter B. Wall, Jr. Lawrence Sidney Connor, IV, of Kelaher Connell & Connor, PC, of Surfside Beach, for Respondents Shellmore Homeowners' Association, Inc. and John H. Chakides, Jr. Andrew Marvin Connor, of Connor Law, PC, of Mount Pleasant, for Respondents Shaun Dye and Jonathan Dye. In this civil matter, Bonnie Wall and Walter B. Wall, Jr. (the Walls) appeal the master-in-equity's order granting Jonathan Dye, Shaun Dye, John H. Chakides, Jr., and Shellmore Homeowners' Association, Inc. (collectively, Respondents) summary judgment on the Walls' claims for breach of fiduciary duty and civil conspiracy. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2021-001014 Bonnie Wall, individually and derivatively, and Walter B. Wall, Jr., Appellants,
v.
Jonathan Dye, Shaun Dye, Shellmore Homeowners' Association, Inc, and John H. Chakides, Jr., individually and in his capacity as Director of Shellmore Homeowners' Association, Inc., Respondents. Ainsley Fisher Tillman and Ian S. Ford, both of Ford Wallace Thomson LLC, of Charleston, for Appellants Bonnie Wall and Walter B. Wall, Jr. Lawrence Sidney Connor, IV, of Kelaher Connell & Connor, PC, of Surfside Beach, for Respondents Shellmore Homeowners' Association, Inc. and John H. Chakides, Jr. Andrew Marvin Connor, of Connor Law, PC, of Mount Pleasant, for Respondents Shaun Dye and Jonathan Dye. Bonnie Wall and Walter B. Wall, Jr. (the Walls) appeal the master in equity's order granting summary judgment to Johnathan Dye, Shaun Dye, and Shellmore Homeowners' Association, Inc. and denying the Walls' motions for partial summary judgment and to compel discovery. |
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Tuesday, February 13, 2024 | |
Courtroom I
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10:40 a.m. | (Time Limits: 20-20-10) |
2021-000648 Peter D. Protopapas, as Receiver for Starr Davis Company, Inc. and Starr Davis Company of S.C., Inc., Respondents,
v.
Travelers Casualty and Surety Company f/k/a The Aetna Casualty and Surety Company; The Standard Fire Insurance Company; St. Paul Fire and Marine Insurance Company; The Employers' Fire Insurance Company; Southeastern Agency Group and M.I.A. Company, Inc. individually and as successors to or f/k/a Merrimon Insurance Agency, Inc.; Robert E. Aspray; Nell Ashworth, individually and as personal representative of the Estate of Robert J. Ashworth; Betty C. D'Amico, individually and as Executor of the Estate of Julian D'Amico, JR.; Kayla Keith, individually and as the personal representative of the Estate of Jerry W. Archer, SR; Richard L. Knight II, as personal representative of the Estate of Teddy L. Knight, SR, and Linda Knight, individually; David D. Rollins; James W. Smith and Frances R. Smith; and Linda J. White, individually and as personal representative of the Estate of Lubert R. White, JR., Defendants,
Of Which Travelers Casualty and Surety Company f/k/a The Aetna Casualty and Surety Company and The Standard Fire Insurance Company are the Appellants. Matthew Todd Carroll, of Womble Bond Dickinson (US) LLP, of Columbia; Mary Elizabeth O'Neill, of Womble Bond Dickinson (US) LLP, of Charlotte; and Harry Lee, of Washington, DC, all for Appellants. Peter George Currence, of McDougall, Self, Currence & McLeod, LLP, of Columbia; G. Murrell Smith, Jr., of Smith Robinson Holler DuBose Morgan, LLC, of Sumter; Shanon N. Peake and Jonathan M. Robinson, both of Smith Robinson Holler DuBose Morgan, LLC, of Columbia; Jescelyn Tillman Spitz and Brian Montgomery Barnwell, both of Rikard & Protopapas, LLC, of Columbia; John Belton White, Jr., Griffin Littlejohn Lynch, and Marghretta Hagood Shisko, all of John B. White, Jr., P.A., of Spartanburg; and Christopher Rutledge Jones, of John B. White, Jr., P.A., of Columbia, all for Respondents, In this ongoing asbestos litigation involving dissolved corporation Starr Davis, Travelers Casualty and Surety Company (Travelers) appeals the circuit court's order granting partial summary judgment and declaring certain insurance policy rights and obligations. Travelers argues the circuit court erred by (1) entering partial summary judgment despite the existence of a genuine dispute of material fact, (2) refusing to consider a 1985 agreement between Starr Davis and Aetna (now part of Travelers) related to the handling of asbestos claims, and (3) issuing insurance coverage declarations contrary to South Carolina law. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2019-000907 Jerald D. Gaskins, Jr., Petitioner,
v.
State of South Carolina, Respondent. Clarence Rauch Wise, of Greenwood, for Petitioner. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Melody Jane Brown, both of Columbia, for Respondent. Jerald D. Gaskins, Jr. appeals the circuit court's denial of post conviction relief, arguing trial counsel was ineffective in failing to object to improper cross examination testimony, inadmissible expert testimony regarding delayed disclosure, and improper vouching. |
Tuesday, February 6, 2024 | |
Courtroom II
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10:40 a.m. | (Time Limits: 10-10-5) |
2020-000143 Brittany C. Foster, Petitioner,
v.
State of South Carolina, Respondent. Appellate Defender Joanna Katherine Delany, of Columbia, for Petitioner. Suzanne J. Shaw, of Columbia, for Respondent. Petitioner Brittany C. Foster appeals the circuit court's order denying and dismissing her application for post-conviction relief. Petitioner argues plea counsel was ineffective for advising her to plead guilty without explaining that, if she proceeded to trial, Petitioner could have challenged the admissibility of her confession to murder. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2020-001642 Gibbs International, Inc., Respondent,
v.
Sarmad Harake, Eurosa, Inc., and Katherine Harake, Defendants,
of whom Sarmad Harake and Eurosa Inc. are the Appellants. John Thomas Lay, Jr. and Curtis Lyman Ott, both of Gallivan, White & Boyd, PA, of Columbia; and Lindsay Anne Joyner, of Gallivan, White & Boyd, PA, of Charleston, all for Appellant. Kevin A. Dunlap, of Parker Poe Adams & Bernstein, LLP, of Greenville, for Respondent. Sarmad Harake and Eurosa, Inc. (collectively, Appellants) appeal the circuit court's dismissal of their fourth counterclaim for tortious interference with economic interest. Appellants argue the circuit court erred in dismissing the fourth counterclaim because (1) it included a valid claim for relief, (2) they were not given an opportunity to amend, and (3) the dismissal was based on an instruction not to answer questions in Harake's deposition, and that information is not part of the analysis under Rules 12(b)(6) and 12(f), SCRCP. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2019-000230 Derek Maner, Petitioner,
v.
State of South Carolina, Respondent. Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Ambree Michele Muller, both of Columbia, for Respondent. Petitioner Derek Maner appeals the circuit court's order denying and dismissing his application for post-conviction relief (PCR) from his murder conviction and life sentence. Petitioner argues that he was prejudiced by trial counsel's ineffectiveness in failing to object to (1) testimony concerning a traffic stop of Petitioner's brother's car several months after the victim's disappearance and (2) testimony concerning Petitioner's purchase of purportedly hidden jewelry while he was in prison awaiting trial. |
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Tuesday, February 13, 2024 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2020-000999 Synovus Bank, Appellant,
v.
South Carolina Department of Revenue, Respondent. Lewis T. Smoak and Ashley Prickett Cuttino, both of Ogletree Deakins Nash Smoak & Stewart, PC, of Greenville; and Burnet Rhett Maybank, III, of Adams and Reese LLP, of Columbia, all for Appellant. Jason Phillip Luther, of Columbia, for Respondent. Synovus Bank appeals the Administrative Law Court's final order finding (1) that Synovus may not carryover a net operating loss deduction as an expense when calculating its entire net income for purposes of South Carolina's bank tax and (2) that the Department of Revenue properly applied financial accounting principles, rather than tax accounting principles, when determining Synovus's bank tax liability. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2020-001291 Julie Irving, Respondent,
v.
Jeanne Poafpybitty, Donald Matthew Rothgeb, and Steven Taylor Rothgeb, Defendants,
Of whom Jeanne Poafpybitty, Personal Representative of the Estate of Donald M. Rothgeb, is the Appellant. Bret Harlan Davis and Reese R. Boyd, III, both of Davis & Boyd, LLC, of Myrtle Beach; and Thomas J. Rode, of Charleston, all for Appellant. Clifford Heywood Tall, of Clifford H. Tall, PA, of Myrtle Beach, for Respondent. Jeanne Poafpybitty, as personal representative of the Estate of Donald M. Rothgeb, appeals the order of the circuit court affirming the probate court's order ruling in favor of Julie Irving. On appeal, Poafpybitty argues the circuit court erred in affirming the probate court's (1) finding she breached her duties to the Estate without first finding her conduct was inconsistent with the testator's intent that she have "sole discretion" to distribute the property and thus failing to follow the testator's intent as stated in his will; (2) failure to apply In re Estate of Kay, 423 S.C. 476, 816 S.E.2d 542 (2018) to the facts of this case; (3) application of standards from the South Carolina Trust Code to the actions of a personal representative in administering an estate; (4) ruling awarding legal fees to Irving to be paid from the Estate's funds under the "common fund" doctrine; (5) decision to remove Poafpybitty as personal representative and appointing a special representative when no interested person petitioned for her removal, no evidence supported her removal, and no request for appointment of a special administrator was made during trial; and (6) determination that Poafpybitty was responsible for the legal fees incurred in defending this action without a finding of bad faith as required by section 62-3-720 of the South Carolina Code (2022). |
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Cases to be Submitted Without Oral Argument | |
2022-000727 |
Antwan Jet, Petitioner,
v.
State of South Carolina, Respondent.
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2022-001382 |
Johnny Davis, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000754 |
Carrol Tremayne Washington, Petitioner,
v.
State of South Carolina, Respondent.
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2021-001013 |
Jeroid Price, Petitioner,
v.
State of South Carolina, Respondent.
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2022-001073 |
Matthew Benninger, Petitioner,
v.
State of South Carolina, Respondent.
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2022-000658 |
The State, Respondent,
v.
Maxie Paul Wagner, Appellant.
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2020-000654 |
Fonnelze Delane, Petitioner,
v.
State of South Carolina, Respondent.
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2022-001396 |
The State, Respondent,
v.
Andres Fernando Posso, Appellant.
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2021-001518 |
Donald Stevenson, Jr., Petitioner,
v.
State of South Carolina, Respondent.
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2021-001314 |
The State, Respondent,
v.
James Eric Spencer, Appellant.
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2021-001270 |
Gary Anthony White Jr, Petitioner,
v.
State of South Carolina
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2022-000578 |
Rayquan McCorkle. Petitioner,
v.
State of South Carolina, Respondent.
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2022-000821 |
Lance Leon Miles, Petitioner,
v.
State of South Carolina, Respondent.
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2022-000543 |
Marcus McFadden, Petitioner,
v.
State of South Carolina, Respondent.
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2022-000652 |
Maurice Roberts, Petitioner,
v.
State of South Carolina, Respondent
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2019-000192 |
James A. Gardner, Petitioner,
v.
State of South Carolina, Respondent.
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2022-001052 |
Cecil Blackwell, Petitioner,
v.
State of South Carolina, Respondent.
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2021-001357 |
David Glover, Petitioner,
v.
State of South Carolina, Respondent.
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2022-000502 |
Marquita Smith, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000783 |
Gerald R. Williams, Petitioner,
v.
State of South Carolina, Respondent
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2021-001446 |
Christopher W. Johnson, Petitioner,
v.
State of South Carolina, Respondent.
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2021-001470 |
Gregory Greene, Petitioner,
v.
State of South Carolina, Respondent.
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2021-001164 |
Jerry Lee Shaeffer, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000752 |
Leonard Brockington, Petitioner,
v.
State of South Carolina, Respondent.
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2022-001279 |
The State, Respondent,
v.
Sean Devon James, Appellant.
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2021-000599 |
The State, Respondent,
v.
Mark Gilbert, Appellant.
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