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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.
Wednesday, March 10, 2004 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 20 -20 - 10 ) |
12175 Ray B. Burton, III, and East Coast Newspapers, Inc., Respondents/Appellants, v. York County Sheriff's Department and Bruce Bryant, York County Sheriff, Appellants/Respondents. Melvin B. McKeown, Jr. and Elizabeth Hyatt Robinson, both of York, for Appellants-Respondents. Jay Bender, of Baker, Ravenel & Bender, L.L.P., of Columbia, for Respondents-Appellants. Robert E. Lyon, Jr., and M. Clifton Scott, of Columbia, for Amicus Curiae SC Association of Counties. Sandra J. Senn, of Charleston, for Amicus Curiae South Carolina Sheriffs' Association, SCFOP. Stephanie P. McDonald, of Charleston, for Amicus Curiae SCSA, SCFOP. In this civil action, Appellants contend the trial judge erred in: (1) concluding that the South Carolina Freedom of Information Act applies to a "Sheriff"; (2) holding that records maintained by the office of the Sheriff were not exempt from disclosure; (3) ruling that the records were not constitutionally protected by the right of privacy under the Fourteenth Amendment; (4) ordering disclosure of records of a personal nature which constituted an unreasonable invasion of personal privacy under the Act; and (5) admitting hearsay testimony by the editor of a newspaper.
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10:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
12065 Julie C. Hawkins, Respondent, v. William Mark Mullins, Appellant. Randall K. Mullins, of N. Myrtle Beach, for Appellant. Gary Hudson Smith, III, of Aiken, for Respondent. Mullins appeals the family court's rulings stemming from an Order and Rule to Show Cause for Hawkins' alleged violations of previous family court orders, including denial of scheduled visitation and allowing a prohibited party to be present during visitation exchange.
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11:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
12139 Michael M. Pirayesh, Respondent/Appellant, v. Mary Alice Pirayesh, Appellant/Respondent. J. Falkner Wilkes, of Greenville, for Appellant-Respondent. Bobby H. Mann, of Temple, Mann, Briggs & Hill, of Greenville, for Respondent-Appellant. This is a cross-appeal from a family court's divorce order in which Husband was awarded custody of the parties' children, the parties' property and debts were equitably divided, the parties were ordered to split the guardian ad litem fees, the parties were each required to pay their own attorney's fees, and Husband was restrained from traveling with the children outside the United States. On appeal, Wife argues the guardian ad litem did not conduct an independent and impartial investigation, and because of this, the family court erred when it relied on the guardian's recommendation in granting Husband custody of the children. Wife also argues the court erred in ordering her to pay half of the guardian ad litem's fees and in ordering her to be responsible for her own attorney's fees. In Husband's appeal, he argues the court erred in restricting him from traveling outside the United States with the parties' children. He also argues the court erred in failing to make Wife liable for her share of the marital debt.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
11999 James McGirt, as Personal Representative of the Estate of Bessie P. Haile, Appellant, v. Richard H. Nelson, Ivan Nelson, Anthony L. Nelson and Don H. Nelson, II, Respondents. W. Steven Johnson, William M. Reynolds, III, of Todd & Johnson, of Columbia, for Appellant James McGirt. Arthur C. McFarland, of Charleston, and Veronica G. Small, of North Charleston, for Respondents Richard H. Nelson, et al. This is a declaratory action filed by McGirt, as personal representative for the Estate of Bessie Haile, to construe the terms of the Will of Richard Haile. McGirt appeals the trial court's ruling that Richard Haile's will vested one-half interest in the family's business to Bessie Haile and one-half interest to Sylvia Haile, Richard Haile's predeceased child.
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Thursday, March 11, 2004 | |
Courtroom I
(Court convenes at 9:00
a.m.)
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9:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
12174 Clotell Bateman, Respondent/Appellant, v. Helen V. Rouse, Appellant/Respondent. Craig E. Burgess, of Atlanta, GA, for Appellant-Respondent. Deena Smith McRackan, of Charleston,for Respondent-Appellant. In this case, the family court previously declared a marriage between Rouse and husband void ab initio due to husband's failure to properly serve notice of an action for divorce on his first wife, Bateman. The family court order stated that any funds due to widow of husband be paid over to Bateman. Bateman filed an action seeking funds paid to Rouse prior to the court order under equitable causes of action and actions for conversion and wrongful withholding. The trial judge found for Bateman on the conversion claim and ordered payment in the amount of husband's survivor's pension benefits. The trial judge denied Bateman's claims for a return of the proceeds of husband's insurance policies. Rouse appeals arguing the trial judge erred in denying her right to a jury trial, denying her motion for directed verdict on the conversion and wrongful withholding claims, and denying her equitable defenses. Bateman appeals arguing the trial judge erred in denying her the return of the proceeds of husband's insurance policies and in excluding testimony of a witness under the Dead Man's Act.
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10:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
12138 Ex Parte: T. Alexander Beard, Appellant. In Re: Keith Watkins, Plaintiff, v. Newsome Management Company, Newsome Auto World, John H. Newsome, Jr., and John H. Newsome, III, Defendants, of whom Keith Watkins is, Respondent. T. Alexander Beard, of Mt. Pleasant, for Appellant. A. Camden Lewis, of Lewis, Babcock & Hawkins, of Columbia, for Respondent. Attorney Alexander Beard appeals the trial court's dismissal of his action under the South Carolina Frivolous Proceeding Sanctions Act against the attorneys who attempted to add Beard as a defendant in a previous matter involving Beard's client.
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11:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
12229 The State, Respondent, v. William Larry Childers, Jr., Appellant. Assistant Appellate Defender Robert M. Dudek, of 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, Assistant Attorney General Melody J. Brown, of the Office of the Attorney General, and Solicitor Warren Blair Giese, all of Columbia, for Respondent. Childers appeals from his convictions for murder, assault and battery of a high and aggravated nature, and discharging a firearm into a dwelling. Childers argues the trial judge erred by refusing to relieve defense counsel who had prosecuted Childers in the past and who had also represented the victim's family in the past. Childers also argues the trial juge erred by refusing to charge the jury on voluntary manslaughter.
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2:00 p.m. | (Time Limits: 20 -20 - 10 ) |
12018 Fred Moosally, Joseph Miceli, John Morse and Robert D. Finney, Appellants, v. W. W. Norton & Company, Inc., Charles C. Thompson, II, and Daniel Meyer, Respondents,
and
Dale E. Mortensen, Appellant, v. W. W. Norton & Company, Inc., Charles C. Thompson II, and Daniel Meyer, Respondents. Stephen F. DeAntonio, of DeAntonio Law Firm, LLC, of Charleston, for Appellants. John Kerr and David B. McCormack, of Buist, Moore, Smythe & McGee, of Charleston, for Respondents W. W. Norton & Co. and Charles S. Thompson, II. Daniel P. Meyer, of Hagerstown, MD, pro se. In these civil actions, Appellants contend the trial judge erred in dismissing the cases pursuant to Rule 12(b) motions for lack of subject matter jurisdiction and lack of personal jurisdiction. These actions emanate from the death of 47 men on the USS IOWA. A book titled "A Glimpse of Hell" was written by Respondent Thompson, using Respondent Meyer, as a collaborator and published by Respondent W.W. Norton.
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Wednesday, March 24, 2004 | |
Courtroom I
(Court convenes at 11:00
a.m.)
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11:00 a.m. | (Time Limits: 10 - 10 - 5) |
12479 In the Interest of Justin B., a minor under the age of seventeen, Appellant. Acting Chief Attorney Joseph L. Savitz, III, 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 W. Rutledge Martin, all of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for Respondent. The family court adjudicated Justin B., a minor under the age of seventeen, delinquent, finding he had committed first-degree criminal sexual conduct. It later reduced the offense to assault and battery of a high and aggravated nature. The minor contends the family court erred when it found the four-year old victim competent to testify. He also suggests the family court erred in allowing the victim to testify without having first been sworn.
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Wednesday, March 10, 2004 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
12000 Hilton Head Resort Four Seasons Centre Horizontal Property Regime Council Of Co-Owners, Inc., Respondent, v. Martin Bergman and Hilton Head Realty Group, Defendants, Of Whom Martin Bergman is, Appellant. Michael S. Seekings, of Charleston, for Appellant. Russell S. Stemke, of Isle of Palms, for Respondent.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
12169 The State, Respondent, v. Robert Earl Miller, Appellant. William G. Rhoden, of Gaffney, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, of the Office of the Attorney General, of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
12259 The State, Respondent, v. Tavarus Rogers, Appellant. Assistant Appellate Defender Robert M. Dudek, of 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, Assistant Attorney General Melody J. Brown, of the Office of the Attorney General, of Columbia, and Solicitor Randolph Murdaugh, III, of Hampton, for Respondent.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
12121 Laura Lewis-Shepard, Appellant, v. R. Thayer Rivers, Jr., Respondent. Hemphill P. Pride, II, of Columbia, for Appellant. Darrell T. Johnson, Jr., of Hardeeville,for Respondent.
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2:00 p.m. | (Time Limits: 15 - 15 - 5 ) |
12036 Christopher Holroyd, Gillian Holroyd and American AVK Co., Respondents, v. Michael R. Requa, Appellant. Eugene N. Zeigler, Hamilton Osborne, Jr., and James Y. Becker, of Haynsworth Sinkler Boyd, P.A., of Columbia, for Appellant. Mary L. Arnold, of Mt. Pleasant, and Justin O'Toole Lucey, of Mt. Pleasant, for Respondents.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
12272 The State, Respondent, v. Theodore L. Brown, III, Appellant. Steven Smith McKenzie, of Manning, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Assistant Attorney General W. Rutledge Martin, of the Office of the Attorney General, of Columbia, and Solicitor Cecil Kelley Jackson, of Sumter, for Respondent.
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Thursday, March 11, 2004 | |
Courtroom II
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
12029 Peter R. Krenn, Individually and as Personal Representative of the Estate of Erik P. Krenn (deceased), Appellant, v. State Farm Mutual Automobile Insurance Company, Respondent. Larry Dale Dove, of Rock Hill, for Appellant. Timothy A. Domin and Ronnie F. Craig, of Clawson & Staubes, LLC, of Charleston,for Respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
12223 Carolina Power & Light Company, Respondent, v. Lynches River Electric Cooperative, Inc., Appellant. Thomas H. Pope, III, of Pope and Hudgens, P.A., of Newberry, and Marcus A. Manos and J. David Black, both of Nexsen, Pruet, Jacobs & Pollard, of Columbia, for Appellant. Mark W. Buyck, Jr. and Mark W. Buyck, III, of Willcox, Buyck & Williams, PA, of Florence, for Respondent.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
12131 Cheryl Moyer Dillman, Respondent, v. Kenneth Lew Dillman, Appellant. William Randall Phipps, of Hilton Head Island, and John S. Nichols, of Columbia, for Appellant. Patrick James Thomas Kelley, of Bluffton, for Respondent.
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Cases to be Submitted Without Oral Argument | |
12083 |
Larry Foster, Respondent, v. Bettie Foster, Appellant.
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12085 |
Charles Ellis Cutshaw, Respondent, v. Joyce Sinclair Cutshaw, Appellant.
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12095 |
Melva Vatick, Appellant, v. South Carolina Federal Credit Union, Respondent.
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12105 |
J. W. Hunt, Jr., and William R. Hunt, Respondents, v. South Carolina Forestry Commission, Appellant.
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12115 |
Tony Foster, Sr., and Belinda Keaton, as Personal Representative of the Estate of Tony Foster, Jr., (deceased), Appellants, v. Greenville Memorial Hospital System, Respondent.
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12119 |
South Carolina Department of Social Services, Respondent, v. Leann Ledford, Willie Fortner, Darrick Cooper, Hillman Atkinson and John Doe, Defendants, and Miranda Fortner, DOB 4/26/92, Stephen Ledford, DOB 2-10-97, Bethany Atkinson, DOB 6-1-98, Of whom Leann Ledford and Willie Fortner are Appellants.
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12124 |
Janet Elgin Arthurs, Personal Representative of the Estate of Betty B. Stephens, Deceased, Appellant, v. Sue H. Brown, Respondent.
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12159 |
Zepher Frederick, as Personal Representative of the Estate of Forriest Cave, Appellant, v. Manly Dunbar; First Citizens Bank & Trust Company of South Carolina; and Lang Dunbar, Defendants, Of Whom Manly Dunbar and Lang Dunbar are the, Respondents.
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12163 |
Harry L. Richie, Appellant, v. James Brian Ingle, Respondent.
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12166 |
The State, Respondent, v. Richard Shawn Pipkin, Appellant.
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12178 |
Angela C. Linder, Respondent, v. Harris M. Linder, Appellant.
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12186 |
Stark Truss Co., Inc., Respondent, v. Superior Construction Corporation and National Fire Insurance Company of Hartford, Appellants.
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12190 |
South Carolina Department of Social Services, Respondent, v. Teresa Swindler, Anthony Sheppard, and Carolyn Sheppard, DOB: 2-4-92 A minor under the age of 18, Defendants,of whom Teresa Swindler and Anthony Sheppard are the Appellants.
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12191 |
Nationwide Mutual Insurance Company, Appellant, v. Julius Prioleau and Paula Prioleau, Respondents.
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12200 |
Stanford Kosover, Appellant, v. Audrey H. Stenger and The Metro Wine Room, Inc., Respondents.
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12201 |
Lynn Whitsett Corporation, Appellant, v. Norbord South Carolina, Inc., and Callidus Technologies, Inc., Defendants, Of Which Callidus Technologies, Inc., is, Respondent.
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12253 |
The State, Respondent, v. Annette W. Randolph, Appellant.
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12270 |
The State, Respondent, v. Errin Hutton, Appellant.
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11983 |
Paul Zahn, individually and d/b/a Zahn Construction Company, Respondent, v. Sadie Allen and Abbeville Savings & Loan, Defendants,Of Whom Sadie Allen is the Appellant.
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12075 |
Joyce Smith and Brenda L. Warren Brown, as Personal Representatives of the Estate of Christopher Bernard Smith, Appellants, v. The South Carolina Department of Transportation, an Agency of the State of South Carolina, and William P. Cannington, Defendants, of whom William P. Cannington is Respondent.
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12076 |
QHG of Lake City, Inc., d/b/a, Carolinas Hospital System of Lake City, Respondent, v. Karen McCutcheon, M.D., Appellant.
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12051 |
Laura T. Tyler, Appellant, v. Mary Gail T. Salley, Personal Representative of the Estate of Hal Barr Tyler, Respondent.
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12077 |
Joseph Michael Austin and Sandra Austin, Respondents, v. Specialty Transportation Services, Inc., Appellant.
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11848 |
Thomas E. Pope, as Solicitor, Sixteenth Judicial Circuit, Appellant, v. Willie Edward Gordon, Jr., and Twenty-five Thousand Three Hundred Forty-one and 09/100's ($25,341.09) Dollars in U.S. Currency, One 1984 GMC Pickup Truck; Two Motorola Cellular Phones (Serial Numbers; SUF1857M and SUG1049B 230 L012QT16WF1); and One Hundred Twenty-EIght & no/100s ($128.00) Dollars in U.S. Currency, Respondent.
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