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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.
Tuesday, March 7, 2006
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14130   Gladys J. Haskins, Respondent v. Lynn Ray Tidwell, Appellant.

William T. Geddings, Jr., of Manning, for Appellant. William Ceth Land, of Manning, for Respondent.

The appellant appeals the family court's determination that a common law marriage existed.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14145   Dorothy Windham, Appellant v. Donald Allen Riddle and Jennifer D. Riddle, Respondents.

Clinch K. Belser, Jr., Michael J. Polk, and H. Freeman Belser, of Columbia, for Appellant. Edgar W. Dickson, of Orangeburg, for Respondents.

The appellant argues the family court erred in holding that an easement was appurtenant rather than in gross.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14099   Douglas J. Menne, as Trustee of the First Supplemental Trust Agreement created by Douglas J. Menne dated 11/22/96 (as amended), Appellant v. Keowee Key Property Owners Assocation, Inc., Respondent.

Andrea Hawkins, of Spartanburg, and Christopher M. Kelly, of Greenville, for Appellant. Samuel F. Albergotti, of Anderson, and James B. Richardson, Jr., of Columbia, for Respondent.

Douglas J. Menne brought this action against Keowee Key Property Owners Association and Duke Energy Corp. seeking a declaration that a restrictive covenant prohibiting individual docks in his neighborhood was unenforceable due to changed conditions. Meene appeals the trial court's order upholding the covenant.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
14010   The State, Respondent v. Kenneth Navy, Jr., Appellant.

Assistant Appellate Defender Robert M. Dudek, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent.

Navy appeals his conviction for homicide by child abuse, arguing the trial court erred in: (1) admitting his three statements; and (2) refusing to grant a new trial as a result of the State's treatment of defense witnesses and closing argument.

Wednesday, March 8, 2006
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14092   Samuel Clint Thompson, Appellant/Respondent v. South Carolina Steel Erectors, Employer, American Interstate Insurance, Carrier, Respondents/Appellants.

Thomas W. Greene, of Charleston, for Appellant-Respondent. Stanford E. Lacy and Suzanne C. Boulware, of Columbia, for Respondents-Appellants.

This Workers' Compensation appeal involves cross appeals in connection with the Commission's decision to award claimant part of his request for a partial lump sum payment in a lifetime benefits case.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14118   The State, Respondent v. Willie Cochran and Reggie James, Appellants.

Tara Shurling, of Columbia, for Appellants. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Deborah R. J. Shupe, of Columbia, and Solicitor Randolph Murdaugh, III, of Hampton, for Respondent.

In this criminal appeal, appellants argue their convictions should be reversed and the matter remanded for a new trial because they were deprived of their right to use peremptory challenges against certain jurors after the trial judge erroneously found their strikes discriminatory under Batson v. Kentucky, 476 U.S. 79 (1986).

 11:00 a.m. (Time Limits: 20 - 20 - 10 )  
14141   Doug Proctor d/b/a Anderson Tire Recycling, Respondent v. Department of Health and Environmental Control, Appellant.

James W. Logan, Jr. and Stacey T. Coffee, of Anderson, for Appellant. Jeffrey Falkner Wilkes, of Greenville, for Respondent.

The respondent brought a tort action for gross negligence against the appellant under section 15-78-60(12) of the South Carolina Tort Claims Act. The appellant answered and pled numerous defenses as to subsections (1),(2),(3),(4), (5) and/or (13) of section 15-78-60. The jury awarded respondent $688,503. Pursuant to section 15-78-120(a)(1), the trial court reduced the jury verdict to $300,000. A plethora of issues are presented on appeal: (1) did the respondent prove gross negligence; (2) did the trial court err in denying DHEC's motion for directed verdict, motion for JNOV and/or motion for a new trial; (3)did the trial court err in allowing evidence of events prior to the Board's 2000 order; (4) did the trial court err in charging the jury as to lost profits; (5) did the trial court err in failing to charge the jury as to subsections (1),(2), (3), (4),(5) and/or (13) of section 15-78-60; (6) did the trial court err in refusing DHEC's request to limit respondent's damages to $9,500; and (7) was the amount of damages so unduly liberal or grossly excessive as to require a new trial absolute or a new trial nisi remittitur.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
14046   Sammy Garrison Construction Company, Inc. v. Frank F. Russo, Madeline E. Russo, Boru Enterprises d/b/a Brady Builders, and the Anchor Bank, Defendants, of whom Frank F. Russo, Madeline Russo, and Anchor Bank are Respondents.

Curtis W. Dowling and Andrea C. Pope, of Columbia, for Appellants. David J. Parrish, of Charleston, and Barry L. Johnson, of Okatie, for Respondents.

This appeal raises issues of proper notice and attorney's fees under the South Carolina mechanic's lien statutes.

 2:00 p.m. (Time Limits: 10 - 10 - 5)  
14279   In the interest of Terrence, M., a juvenile under the age of seventeen, Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General David A. Spencer, of Columbia, and Solicitor Ralph E. Hoisington, of Charleston, for Appellant. Assistant Appellate Defender Eleanor Duffy Cleary, of Columbia, for Respondent.

This is an appeal from a family court order in which the court found it lacked jurisdiction to order a juvenile to pay restitution because the juvenile had been committed to the Department of Juvenile Justice for another crime and, as a result, his probation for the crime necessitating restitution ended. The State argues the juvenile's probation continued even after the juvenile's commitment, therefore the family court retained jurisdiction to order restitution.

 2:45 p.m. (Time Limits: 10-10-5)  
14116   The State, Respondent v. Edward Johnson, Jr., Appellant.

Acting Chief Attorney Joseph L. Savitz, III, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General David A. Spencer, of Columbia, and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

Edward Johnson, Jr. appeals his conviction for escape. Specifically, Johnson argues the trial court erred by making highly inappropriate comments during sentencing. The State argues the sentence imposed was within the sentencing limits, and was not the result of prejudice, partiality, oppression, or corrupt motive.

Monday, March 27, 2006
Courtroom I
(Court convenes at 3:30 p.m.)
 3:30 p.m. (Time Limits: 10 - 10 - 5)  
14165   Luther R. Smith, Petitioner v. State of South Carolina, Respondent.

Tara Dawn Shurling, of Columbia, for Petitioner. Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Christopher L. Newton, for Respondent.

This is a post-conviction relief case.

Tuesday, March 7, 2006
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14082   LandBank Fund VII, LLC., Respondent v. Kent D. Dickerson, Dickerson & Sons, Inc., and Phoenix Land and Development Company, LLC, Appellants.

C. Mitchell Brown, William C. Wood, Jr., and Elizabeth Herlong Campbell, of Columbia, for Appellants. J. Jackson Thomas, of Myrtle Beach, for Respondent.

In this civil action, the court analyzes the scope of authority of one of respondent's agents and appellants' alternative quantum meruit claims arising from work performed in facilitating a large land transaction.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14098   South Carolina Department of Transportation, Respondent v. McDonald's Corporation and Joel A. Pellicci and Linda Pellicci, of whom McDonald's Corporation is the Appellant.

Michael H. Quinn, of Columbia, for Appellant. Larry B. Hyman, Jr., of Conway, and Barbara Munig Wessinger, of Columbia, for Respondent.

In this appeal from a motion in limine, the court reviews the effects of a prior condemnation action's settlement on a current condemnation action.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14094   In the Matter of the Care and Treatment of James Bennington, Appellant.

Tara Shurling, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Deborah R.J. Shupe, and Assistant Attorney General R. Westmoreland Clarkson, of Columbia, for Respondent.

Bennington appeals from an order denying his release from the Department of Mental Health, arguing that (1) the trial court applied an incorrect standard in its determination under section 44-48-110 of the South Carolina Code that no probable cause existed to believe that Bennington's mental abnormality or personality disorder had so changed that he was safe to be at large and, if released, was not likely to commit acts of sexual violence, and (2) the foregoing issue remains justiciable, irrespective of Bennington's intervening release from custody, under an exception to the mootness doctrine, in that it is capable of repetition, but will evade review.

 11:45 a.m. (Time Limits: 10 - 10 -5)  
14107   John Phillip Bethards, Appellant v. Parex, Inc., Jeff Thomas d/b/a Thomas Construction, Mike Tenny d/b/a Synco Enterprise, Charleston Gypsum n/k/a CSR America, and Weather Shield Mfg., Inc., Defendants, Of Whom Mike Tenny d/b/a Synco Enterprise and Weather Shield are Respondents.

Justin O'Toole Lucey, of Mt. Pleasant, for Appellant. John L. McCants, of Columbia, and Trent M. Kernodle, and Christine C. Varnado, of Charleston, for Respondents.

In this construction defects case, John Bethards appeals, arguing the trial court erred (1) in finding the statute of limitations barred his claims against Mike Tenny for defective application of the external insulated finishing system (stucco), (2) in finding the statute of limitations barred his claim against Weather Shielf for defective windows and glass sliding doors, (3) in finding he was not entitled to a new trial, and (4) in failing to direct a verdict in his favor against Weather Shield on his implied warranty claim.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
14108   Cynthia Cunningham as GAL for Deazia Cunningham, Appellant v. Jennie Mixon, Rosa Weathersby, and Mixon Day Care, Respondents.

William T. Toal, of Columbia, for Appellant. Vernon F. Dunbar, of Greenville, for Respondents.

In this action for negligence against a daycare center, Appellant appeals the circuit court's order granting the Respondents' motion for a directed verdict.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
14029   MIT, Inc., Appellant v. IGT, aka, IGT-North America and Collins Music Company, Respondents.

Darrell Thomas Johnson, Jr., and Warren Paul Johnson, of Hardeeville, for Appellant. H. Fred Kuhn, Jr., of Beaufort, for Respondents.

In this action involving a claim under the South Carolina Unfair Trade Practices Act, Appellant asserts the special referee erred in failing to award damages and attorney's fees despite a finding that Respondent violated the Unfair Trade Practices Act.

Cases to be Submitted Without Oral Argument
13662    Larry A. Yates, Appellant, v. Francis T. Draine, Respondent.

13696    Albert Simmons and Linzsy Simmons, Appellants, v. Thelma Corbitt and Maxine Todd, Respondents.

13732    John Doe 3,Appellant, v. William D. DuCharme,Respondent.

14008    Jara Uzenda, Appellant, v. Nancy and Michael Pittman, Christopher Hanna, Perry P. Reynolds and Scott Gobbi, Respondents.

14042    The State, Respondent, v. Jimmy H. Causey #2, Appellant.

14054    Lotty Moody, Appellant, v. Marion County School District Seven, Respondent.

14059    Cheryl Bass, Appellant, v. Charles Bass, Respondent.

14100    Linda Legette, Appellant, v. Piggly Wiggly, Inc., Respondent.

14102    The State, Respondent, v. Kenji L. Littlejohn, Appellant.

14103    The State, Respondent, v. Jermaine Dequsuar Porter, Appellant.

14104    The State, Respondent, v. Lenius Lowden, Appellant.

14109    The State, Respondent, v. Robert E. Berkey, Appellant.

14110    The State, Respondent, v. Marques Demindis Davis, Appellant.

14111    The State, Respondent, v. Rockford S. Gentry, Appellant.

14112    The State, Respondent, v. Samuel Lee Grier, Appellant.

14113    The State, Respondent, v. Dennis Garrett, Jr., Appellant.

14114    The State, Respondent v. Melvin Dunlap, Appellant.

14115    The State, Respondent v. Raymond Edmonds, Jr., Appellant.

14117    City of Aiken, Respondent v. David Michael Koontz, Appellant.

14119    The State, Respondent, v. Christopher Boyd, Appellant.

14120    The State, Respondent, v. Gregory Chance, Appellant.

14121    The State, Respondent, v. Shaun Antwan Holmes, Appellant.

14122    The State, Respondent, v. Kenneth Larry Seay, Appellant.

14123    The State, Respondent, v. Joshua Morgan, Appellant.

14124    The State, Respondent, v. Leroy A. McKenzie, Appellant.

14125    The State, Respondent, v. Albert Simmons, Appellant.

14126    The State, Respondent, v. Warner Salazar, Appellant.

14127    The State, Respondent, v. Roger Dewayne Martin, Appellant,

14128    The State, Respondent, v. Vondell Sanders, Appellant.

14131    Joann A. Elmore, Appellant, v. Elmore-Hill-McCreight Funeral Home, Inc., Respondent.

14138    Coralean Montgomery, Respondent, v. Wateree Community Actions, Inc., Appellant.

14139    Kenneth Middleton, Appellant, v. Elizabeth Ann Johnson and Eugene Hollington, Respondents.

14140    Shirley, A. Kirk, Appellant, v. Mumford, Inc., d/b/a Health Force, Respondent.

14142    Mark Moyers, D.C, Appellant, v. South Carolina Department of Labor, Licensing and Regulation, Board of Chiropractice Examiners, Respondent.

14144    We Do Alterations, LLC, Appellant, v. Nora Powell and Margaret Salinas, individually and d/b/a Margaret's Alterations, Respondent.

14147    The State, Respondent, v. Michael D. Simmons, Appellant.

14152    The State, Respondent, v. Oliver Todd Middleton, Appellant.

14153    The State, Respondent, v. Jalal F. Beyah, Appellant.

14154    The State, Respondent, v. Judex Desir, Appellant.

14173    The State, Respondent, v. Larry Wayne Franklin, Appellant.

14174    The State, Repondent, v. Franklin James, Appellant.

14175    The State, Respondent, v. Alvin Hollingsworth, Appellant.

14176    The State, Respondent, v. Hector Alaniz, Jr., Appellant.