PREV | March 2003 | NEXT |
The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Tuesday, March 11, 2003 | |
Courtroom I
(Court convenes at 9:30
a.m.)
|
|
9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11169 Sherwood N. Fender, Respondent v. Heirs at Law of Roger Smashum, John Smashum and Arthur Smashum, if living or such heirs of them as may be living, Carolee H. Goodwine, Mae Olive Henderson, Audrey Polite Sawyer, Diana Cornish, Heirs of John Frasier, if living or such heirs of them as may be living, Bernadette Anderson, Eloise Gadson and all other persons unknown, having or claiming any right, title or estate or interest in or lien upon the real property described in the complaint herein, being designated collectively as John Doe and Sarah Roe, including all minors, persons in the armed forces, insane persons and all other persons under any other disability who might have or claim to have any right, title or interest in or lien upon the real property described in the complaint herein, Defendants, of whom Henrietta Jones, Sarah Shepard and Lucy Smith, as heirs at law of John Smashum, and Queen Smashum, as grantee of Adam Smashum, heir at law of John Smashum, are Appellants. Derek C. Gilbert, of Harvey & Battey, of Beaufort, for appellants. Alysoun Meree Eversole, of Sherwood N. Fender & Assoc., of Beaufort, for respondent. In this case, the heirs of Smashum appeal the trial court's grant of summary judgment to Fender, contending the trial court erred in finding the parties were not co-tenants and in not applying an ouster analysis to Fender’s claims.
|
|
10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
11157 James R. Swindler, Marshalene S. Frady, and Rebecca Spears, Respondents v. Nancy W. Swindler and Commercial Credit Corporation, Defendants, of whom Nancy W. Swindler is the Appellant. Howard S. Sheftman and J. Alton Bivens, both of Finkel & Altman, of Columbia, for appellant. Pearce W. Fleming, Henry Guyton Murrell and David Randolph Whitt, all of Pearce W. Fleming, of Columbia, for respondents. This is a foreclosure action between family members seeking to determine whether a note was satisfied by its original holder.
|
|
11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
11062 Frances Walsh as Personal Representative of the Estate of Jerome Walsh, Deceased, and in her individual capacity, Appellant v. Joyce K. Woods, f/k/a Joyce K. Walsh, Respondent. Russell H. Putnam, Jr., of Hinesville, GA, for appellant. Kelli Lister Sullivan; and John S. Nichols, both of Columbia, for respondent. This case involves the question of whether ERISA prevents a former wife from waiving her interest in her ex-husband’s retirement benefits and whether a former wife may shield herself from her waiver by arguing the wavier violated ERISA .
|
|
11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
11066 William Cassidy, Respondent v. Wilson Tree Co., Employer, and National Union Fire Insurance Company, Carrier, Appellants. Grady L. Beard and Marcy J. Lamar, both of Sowell, Gray, Stepp & Laffitte, of Columbia, for appellants. Sherod H. Eadon, Jr., of Lee, Eadon, Isgett & Popwell, of Columbia, for respondent. This case involves an appeal from the Workers' Compensation Commission, in which the commission found Cassidy totally and permanently disabled.
|
|
2:00 p.m. Turner appeal: 10-10-5; Prescott appeal: 10-10-5 | (Time Limits: 20 - 20 - 10 ) |
10972 James A. Turner, Jr., individually and as shareholder of Bayshore Association, Inc., Appellant-Respondent v. Oconee County, Joseph M. Sylvester and Marjorie V. Sylvester, Co-Trustees of the Sylvester Family Trust, Jack C. Prescott, Doris Freeman Prescott and Bayshore Association, Inc., Defendants, of whom Oconee County, Joseph M. Sylvester and Marjorie V. Sylvester, Co-Trustees of the Sylvester Family Trust, and Bayshore Association, Inc., are Respondents, and Jack C. Prescott and Doris Freeman Prescott are Respondents-Appellants. Phillip E. Reeves, of Gallivan, White & Boyd, of Greenville; and Robert Scott Sprouse, of Seneca, for appellant-respondent. Perry H. Gravely, of The Gravely Law Firm, of Pickens, for respondents-appellants; and Bradley A. Norton, of Fedder, Norton, Ballenger & Enderlin, of Walhalla, for respondents. This case involves an access way from a public road to a lake and questions whether it should be a public road maintained by Oconee County, and also questions who has the benefit of using it.
|
|
3:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
11379 The State, Respondent v. Byron Spivey, Appellant. Assistant Appellate Defender Robert M. Dudek, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Melody J. Brown, all of Columbia; and Solicitor Harold W. Gowdy, III, of Spartanburg, for respondent. This criminal appeal alleges the judge erred in refusing to suppress evidence taken from Appellant’s sister’s home, abused his discretion by refusing to direct a verdict of acquittal, erred by admitting evidence of bullets not connected to the crime, and erred in admitting evidence of the sister’s eviction from a housing complex.
|
|
Wednesday, March 12, 2003 | |
Courtroom I
(Court convenes at 10:15
a.m.)
|
|
10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
11173 Harold Pittman, Respondent v. C.E. Lowther, Appellant. H. Fred Kuhn, Jr., of Moss & Kuhn, of Beaufort, for appellant. Darrell T. Johnson, Jr., of Hardeeville, for respondent. This appeal is from a finding that Pittman has an easement by prescription for the use of a road over property belonging to Lowther by virtue of his adverse use for a period of 20 years.
|
|
11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
11079 Floral Beach Corporation, Inc., Appellant v. Zoning Board of Appeals of the Town of Surfside Beach, Respondent. James C. McLeod, Jr., of Florence, for appellant. N. David DuRant, of Surfside Beach, for respondent. This case involves whether local zoning ordinances permit Appellant to build steps over beach dunes.
|
|
11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
11185 In the Matter of The Estate Of Gordon S. Boynton.
Ervin Mathias, as Co-Personal Representative of the Estate of Gordon S. Boynton; Gordon Benjamin Kearse; Loraine K. Clark; James G. Kearse; Esther S. Kearse, as Personal Representative of the Estate of Henry A. Kearse; and June Kearse, as Personal Representative of the Estate of Richard M. Kearse, Respondents v. Janice Taylor Clark, Individually and as Co-Personal Representative of the Estate of Gordon S. Boynton, Appellant. James D. Mosteller, III, of Bedingfield & Williams, of Barnwell, for appellant. B. Michael Brackett, of Columbia, for respondent. This case presents the question of whether the will of a testator who died in 1954 leaving a life estate in substantial real property with a remainder to the life tenant’s “child or children” intended that language to include an admittedly illegitimate child of the life tenant. Also involved is whether the law of 1954 or whether the law of 1995 (the date of death of the life tenant) is controlling.
|
|
Wednesday, March 19, 2003 | |
Courtroom I
(Court convenes at 2:00
p.m.)
|
|
2:00 p.m. en Banc Hearing | (Time Limits: 10 - 10 - 5) |
11861 The State, Respondent v. Dana Dudley, Petitioner. Assistant Appellate Defender Aileen P. Clare, of SC Office of Appellate Defense, of Columbia, for petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Senior Assistant Attorney General Harold M. Coombs, Jr.; all of Columbia; and Solicitor Druanne Dykes White, of Anderson, for respondent.
|
Wednesday, March 12, 2003 | |
Florence City-County Complex
(Court convenes at 9:30
a.m.)
| |
9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11035 Georgia-Carolina Bail Bonds, Inc., Appellant v. County of Aiken and Liz Godard, Clerk of Court for Aiken County, Respondents. Robert T. Williams, Sr., of Williams, Hendrix, Steigner & Brink, of Lexington, for appellant. W. Lawrence Brown and Robert M. Bell, both of Bell, Surasky & Brown, of Langley, for respondents.
|
|
10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
11229 The State, Respondent v. Christopher M. Chisolm, Appellant. Assistant Appellate Defender Tara S. Taggart, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General Melody J. Brown, all of Columbia; and Solicitor Thomas E. Pope, of York, for respondent.
|
|
11:00 a.m. | (Time Limits: 20 - 20 - 10 ) |
11078 Vergie W. Fields, Individually and as the Personal Representative of Thomas Edison Fields, Deceased, Appellant v. Regional Medical Center Orangeburg, South Carolina, and F. Simons Hane, M. D., Defendants, of whom F. Simons Hane, M.D., is Respondent. J. Marvin Mullis, Jr., of Columbia, for appellant. Julius W. McKay, II, and Kathleen Devereaux Schultz, both of McKay, McKay, Settana & Addison, of Columbia, for respondents.
|
|
1:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
10616 William Tracy Long, Respondent v. Barbara G. Long, Appellant. Joseph O. Burroughs, Jr., of Singleton, Burroughs & Young, of Conway; and J. Michael Taylor, of Golden, Taylor, Potterfield & Barron, of Columbia, for appellant. Anita Ruth Floyd, of Conway, for respondent.
|
|
2:15 p.m. | (Time Limits: 10 - 10 - 5 ) |
10993 Dr. Treadwell Campbell, Appellant v. Marion County Hospital District, d/b/a The Mullins Hospital, Respondent. Brenda R. Reddix-Smalls, of Columbia, for appellant. Ralph W. Barbier, III, and Joseph M. Kahn, both of Nexsen, Pruet, Jacobs & Pollard, of Columbia, for respondent.
|
|
3:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
11063 Betty P. O'Neal, Respondent v. Intermedical Hospital of South Carolina, Appellant. Richard J. Morgan and Robyn K. Wietecha, both of McNair Law Firm, of Columbia, for appellant. Laura Puccia Valtorta, of Columbia, for respondent.
|
|
Thursday, March 13, 2003 | |
Florence City-County Complex
(Court convenes at 9:30
a.m.)
| |
9:30 a.m. | (Time Limits: 20 - 20 - 10 ) |
11191 James Nelson, Jr., as guardian ad litem for Ty'Quain S. Nelson, a minor child, Appellant v. QHG of South Carolina, Inc., d/b/a Carolinas Hospital System, Quorum Health Group, Inc., Drs. Coker, Phillips & Haswell, P.A., and Thomas W. Phillips, M.D., Defendants, of whom Drs. Coker, Phillips, and Haswell, P.A., and Thomas W. Phillips, M.D., are Respondents. Edward L. Graham, of Florence, for appellant. Robert H. Hood, Hugh W. Buyck and D. Nathan Hughey, all of Hood Law Firm, of Charleston, for Respondents.
|
|
10:30 a.m. | (Time Limits: 20 - 20 - 10 ) |
11084 Redwend Limited Partnership, Wendswept, Inc., and Ron W. McDaniel, Individually, Appellants v. William Ralph Edwards a/k/a W. Ralph Edwards, a/k/a William R. Edwards, Ralph Edwards & Associates, Inc., William A. Edwards, Long Point Farms, LLC, and John and Jane Doe, Co-Conspirators Now Unknown, Respondents. Timothy W. Bouch and G. Hamlin O'Kelley, III, both of Charleston, for appellants. Arthur G. Howe, Barry Krell and Jerry N. Theos, all of Charleston; and John P. Freeman, of Columbia, for respondents.
|
|
11:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11131 Deborah Walker, Individually, Deborah Walker, as Guardian ad Litem for Sinclair Terrell Williams, a minor under the age of fourteen (14) years, Deborah Walker as Special Administrator of the Estate of Marcquis K. Walker, deceased, Appellants v. Terry Dean Tiller, Individually, Terry Dean Tiller as Agent of Tiller Automotive, LLC, Formerly d/b/a Tiller's Used Cars, Vernon Eugene Harrison, George Tiller, Individually, George Tiller as Agent or Owner of S&T Used Cars, George Tiller, as a Partner of Joint Venturer with Terry Dean Tiller and Tiller Automotive, LLC, formerly d/b/a Tiller's Used Cars, Hide-A-Bed-Trailer, Inc., and Hudson Motor Cars, Ltd., Defendants, of whom Hide-A-Bed Trailer, Inc., is Respondent. David Eugene Massey, of Columbia, for appellants. Kirby D. Shealy, III, of Baker, Ravenel & Bender, of Columbia, for respondent.
|
|
Cases to be Submitted Without Oral Argument | |
11010 |
Patricia McIntire, Employee, Appellant v. Columbia HCA Trident Medical Center, Employer, and RSKCo, Carrier, Respondents.
|
11060 |
Julius B. Reeves, Appellant v. Joan M. Reeves, Respondent.
|
11067 |
Elliott Amusements, Inc., Respondent v. Inlet Creek Properties, d/b/a Dick's Pawn Shop, Appellant.
|
11080 |
Venning Long, Appellant v. Sumter City-County Board of Appeals, Respondent.
|
11081 |
Edward Knorr, Janet Knorr, Catherine A. Johnson, Scott T. Murphy, Kelie D. Limehouse, George H. Drake, Kathryn G. Drake, Jan F. Green, Cameron W. Cantwell, Belinda J. Cantwell, Charles L. Bower, Jr., C. Dan Joyner, Robert A. Wiesner, Celeste Wiesner, Edward J. Lehner, Laura Joelle Radley, Peter Menedis, Candance Menedis, Frank P.K. Barker, Jr., Joan Duncan Barker, Nelson Durand, Gladys Durand, Ruth Hays, Robert P. Donohoe, Barbara P. Donohoe, Christopher J. Parvin, Alison R. Parvin, Deidre L. Blackman, Mark A. Richmond, Donna M. Mason, Augustus T. Allen, IV, Trustee Under Irrevocable Trust Agreement of Elizabeth S. Allen dated the 1st day of October, 1996, Mary Alice Morro, Michael D. Farkas, and Christine M. Farkas, Appellants v. Morgan Creek Harbor Association Inc., a/k/a Morgan Creek Harbor Association, Respondent.
|
11104 |
Golf Restaurants, Inc., d/b/a Kelley's Fine Food and Spririts, Respondent v. Tilghman Insurance Agency and Burns & Wilcox, Ltd., Defendants, of whom Burns & Wilcox, Ltd. is Appellant.
|
11106 |
BB&T of South Carolina, Appellant v. Lottie Fleming & Frederick Fleming, Respondents.
|
11108 |
Alton David, Appellant v. The School District of Marlboro County, Respondent.
|
11109 |
Mary Lucille Bonte, Appellant v. Greenbrier Restoration Specialists, Inc., Finley Siding, Inc. and Finley Gutter Service, Inc., Respondents.
|
11110 |
Richard Hancock, Appellant v. Wal-Mart Stores, Inc., Respondent.
|
11130 |
James Pendergast/ Father, Appellant v. Charlene Pendergast/ Mother, Respondent.
|
11132 |
Ephrain Reliford, Jr., Appellant v. Aiken County Sheriff; Aiken Solicitor, Respondents.
|
11137 |
Marion Ann Currow, Personal Representative for the Estate of James Marion Glaze, Appellant v. Evelyn M. Glaze, Respondent.
|
11142 |
Sharon D. Moody, Appellant v. Dairyland Insurance Company, Respondent.
|
11153 |
Floyd McShaw and Wendy McShaw, Appellants v. Charlie Turner d/b/a Charlie Turner's Auto Market and American Federal Bank, F.S.B., Respondents.
|
11183 |
Robert L. Love, Respondent v. Willie Peake, Appellant.
|
11188 |
James F. Pearman, III, and Lauri C. Pearman, Respondents v. Sutton Builders, Inc. and John R. Sutton, Appellants.
|
11221 |
Nazir Ahmad, Respondent v. Randolph Davis, Jr. and Pearl W. Davis, Appellants.
|
11237 |
Elnita T. Johnson, James Lester Johnson and Maxie Howard Johnson, Respondents v. Betsy Barbara Johnson Ahnert, Appellant.
|
11238 |
Marilyn D. Jones, Respondent v. Douglas W. Jones, Appellant.
|
11240 |
E. Hathaway Construction, Inc., Respondent v. Carrados Pizza at Millenium Plaza, Jose Boyzo and Homero Boyzo, Individually and as Guarantors,Defendants, of whom Jose Boyzo and Homero Boyzo are the Appellants.
|
11380 |
The State, Respondent v. Sara Grace Nickel, Appellant.
|
11382 |
The State, Respondent v. Wayne Wright, Appellant.
|
11419 |
The State, Respondent v. Eric S. Perry, Appellant.
|