Supreme Court Seal
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 6, 2007
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14932   Kathe Dropkin, Appellant, v. Beachwalk Villas Condominium Association, Inc., Respondent.

David H. Berry, of Hilton Head Island, for Appellant. Erin DuBose Dean, of Beaufort, for Respondent.

This personal injury case, arising from a fall on a slippery stairwell, presents various issues related to the standard building code: whether it was properly introduced into evidence and, if so, whether a violation of the code constitutes negligence per se requiring a directed verdict on the issue of negligence.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14847   The State, Appellant, v. Jeremiah Dicapua, Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Atty. Gen. Norman Mark Rapoport, of Columbia, and Solicitor John Gregory Hembree, of Conway, for Appellant. Appellate Defender Eleanor Duffy Cleary, of Columbia, for Respondent.

The State appeals from the grant of a new trial to Jeremiah Dicapua, whom the jury convicted of distribution of crack cocaine and possession with intent to distribute crack cocaine. The State contends the trial court abused its discretion by vacating Dicapua's convictions and granting Dicapua a new trial.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14926   Collins Holding Corp., Respondent/Appellant, v. Richard DeFibaugh, individually and Richard DeFibaugh, individually and d/b/a Lucky D's, Appellants/Respondents.

A. Christopher Potts, of Charleston, for Appellants-Respondents. Eric Steven Bland, of Columbia, and Scott Michael Mongillo, of Summerville, for Respondent-Appellant.

Both parties appeal the judgment in this unfair trade practices action. One party alleges the court erred in awarding any damages, and the other party complains of the court's refusal to award treble damages.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
14968   Stearns Bank National Association, Plantiff, v. Glenwood Fall, LP, a South Carolina limited partnership, DC Development, Inc., McBride Building Supplies & Hardware, Inc., First Federal Savings and Loan Association of Charleston, Charleston Affordable Housing, Inc., and the Building Center, Inc., Defendants In Re: DC Development, Inc., Respondent, v. Glenwood Falls, LP, a South Carolina limited partnership, Appellant.

Michael W. Tighe and Mary Dameron Milliken, of Columbia, for Appellant. William E. Booth, III, of West Columbia, for Respondent.

Glenwood Falls argues the master erred in denying its motion for relief from judgment because (1) the court did not have personal jurisdiction over Glenwood Falls and (2) the judgment was procured through excusable neglect.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
14987   Cally R. Forrest, Jr., Respondent, v. A.S. Price Mechanical and Osteen Adjusting Services, Appellants.

Duke K. McCall, Jr., of Greenville, for Appellants. S. Belinda Ellison, of Lexington, and James B. Richardson, Jr., of Columbia, for Respondent.

In this Workers' Compensation case, A.S. Price Mechanical disputes: (1) the rate of compensation for claimant determined by the Commission; (2) the finding that the claimant has reached maximum medical improvement; and (3) the admission of the claimant's vocational expert's report.

Wednesday, March 7, 2007
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14988   Luba Lynch, Respondent/Appellant, v. Toys "R" Us-Delware, Inc., Appellant/Respondent.

Joel Collins,Jr. and Christian Stegmaier, of Columbia, for Appellant-Respondent. Geoffrey H. Waggoner, of Mt. Pleasant, and Brooks Roberts Fudenberg, of Charleston, for Respondent-Appellant.

Both parties appeal the judgment in this action. Toys "R" Us argues (1) the circuit court erred by granting a directed verdict to Lynch on the false imprisonment cause of action, and (2) the circuit court erred by denying Toys "R" Us's directed verdict motion/JNOV motion on all causes of action. Lynch argues (1) the circuit court erred in requiring Lynch to elect a remedy, and (2) the circuit court erred in considering juror affidavits, the identicality of the awards, and the potential overlap of damages in ruling to require Lynch to elect a remedy.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14872   Sherrie Lynn Abercrombie, Respondent, v. Keith Abercrombie, Appellant.

Rodney M. Brown, of Fountain Inn, for Appellant. Jim S. Brooks, of Spartanburg, for Respondent.

Keith Abercrombie appeals: (1) the family court's valuation of marital property; (2) the family court's division of marital property; (3) the family court's award of alimony; and (4) the family court's withholding of a portion of appellant's award in escrow for the removal of "potentially hazardous material from the former K&S Wholesale Warehouse" without request to do so from the respondent.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14822   Case No. 2003-CP-10-02195 Kevin Gissel and Christina Gissel (Formerly Christina Eckley), Respondents, v. Charles Hart and Gene Hart, Appellants.____________Case No. 2003-CP-10-02703 Wade A. McEachern,Respondent, v. Charles Hart and Gene Hart, Appellants.

Steven L. Smith, of Charleston, for Appellants. Walter Bilbro, Jr., of Charleston, and Donald Higgins Howe, of Charleston, for Respondents.

Charles Hart and Gene Hart (the “Harts”) appeal from an order of the circuit court upholding an arbitration award in favor of Kevin and Christina Gissel (the “Gissels”) and Wade A. McEachern. The Harts contend the decision of the arbitrator should be vacated because the arbitrator exceeded his powers in entering awards against them individually and his decision constituted a manifest disregard of the law.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
14927   Carolyn Songer Austin, Respondent, v. Town of Hilton Head Island, South Carolina, W.J. Enterprises, Inc., H.D.S. Builders, LLC, Barb Loebig, and National Bank of Commerce, Defendants, Of Whom W.J. Enterprises, Inc., H.D.S. Builders, LLC, Barb Loebig and National Bank of Commerce are the Appellants.

Drew A. Laughlin, of Hilton Head Island, and Stephen A. Spitz, of Charleston, for Appellant. M. Adam Gess, of Beaufort; Mark Weston Hardee, of Columbia; and Robert E. Austin, Jr. of Leesburg, Florida, for Respondent.

Appellants challenge an order requiring the removal of several homes built in a subdivision of Hilton Head Island, South Carolina. The removal was ordered on the basis the structures were constructed in violation of applicable restrictive covenants.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
14925   Auto Owners Insurance Company, Respondent, v. Dorothy Pittman, Terri Pittman, Timmy Temple Pittman and Sharon L. Barber, as Personal Representative of the Estate of Joseph M. Taylor, Defendants, of whom Sharon L. Barber, as Personal Representative of the Estate of Joseph M. Taylor is the Appellant.

Richard A. Harpootlian and Graham L. Newman, of Columbia, for Appellant. Erin D. Dean, of Beaufort, for Respondent.

In this insurance case, the trial court granted summary judgment in favor of Auto Owners Insurance Company finding a liability policy obtained by the lessor did not provide coverage for the lessee business owners. The Appellant, who has brought an action against the lessee business owners, claims Auto Owners should be estopped from denying coverage based upon the fact that the lessor did not actually own the business as Auto Owner's agent knowingly filed an insurance application falsely stating that the lessor was in fact the owner of the business.

Tuesday, March 6, 2007
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14804   The State, Respondent, v. Travis Anthony Ladson, Appellant.

Appellate Defender Aileen P. Clare, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., of Columbia, and Solicitor David Michael Pascoe Jr., of Orangeburg, for Respondent.

Ladson moved for a new trial after discovering that the court reporter failed to transcribe or otherwise record any portion of the trial for burglary first degree and possession of marijuana with intent to distribute. This court, however, remanded the case to the trial judge for reconstruction of the record. Ladson now appeals, arguing the trial record was not adequately reconstructed and a new trial is the only remedy.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14929   Edward P. Bowers, Respondent, v. Jerry D. Thomas, Appellant.

Deborah Harrison Sheffield, of Columbia, for Appellant. Philip J. Corson, of Lake Wylie, for Respondent.

In this residential landlord and tenant case, multitudinous issues are posited: (1) the efficacy of notice of default pursuant to 27-40-240 and 27-40-710(B); (2) denial of tenant's request for a jury trial; and (3) whether all issues are moot because the leased term has ended and the appellant/tenant has vacated the premises.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
14897   James A. McGee, Respondent, v. Monica Kay McGee, Appellant.

John D. Elliott, of Columbia, for Appellant. C. Vance Stricklin, Jr. and Katherine Carruth Link, of West Columbia, for Respondent.

In this domestic case, Wife argues the family court erred in awarding lump sum alimony instead of permanent periodic alimony. Wife further contends her alimony award is inadequate in light of Husband's ability to pay and Wife's financial need.

Wednesday, March 7, 2007
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14846   The State, Respondent, v. William Smoak Fairey, Jr., a/k/a Doak Fairey, Appellant.

Appellate Defender Eleanor Duffy Cleary, of Columbia, and C. Bradley Hutto, of Orangeburg, 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 M. Rapoport, of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent.

Appellant was indicted for obtaining goods/monies by false pretenses in June 2001 an dwas tried in absentia and without counsel in 2004. The solicitor has subpoenaed Appellant to appear in court on July 9 through July 23, 2004. The subpoena was sent to Appellant's previous address in California although Appellant's most recent correspondence with the court and solicitor, three months prior to the subpoena, indicated a Sarasota, Florida address. Appellant appeals his conviction arguing the trial judge erred in holding his trial in his absence, finding appellant knowingly and intelligently waived his right to counsel, and refusing to grant Appellant's request for documents relating to the grand jury.

Cases to be Submitted Without Oral Argument
14742    State of South Carolina, Respondent, v. Boris V. Ojasoo, Defendant, Beach Bonding Company, Bondsman, Palmetto Surety Corporation,Surety,of whom Palmetto Surety Corporation is the Appellant.

14743    State of South Carolina, Respondent, v. Bryan Floyd, Defendant, Beach Bonding Company, Bondsman, Palmetto Surety Corporation, Surety, Of whom Palmetto Surety Corporation is the Appellant.

14744    State of South Carolina, Respondent, v. Ronald Scott Renwrick, Defendant, Beach Bonding Company, Bondsman,Palmetto Surety Corporation, Surety, of whom Palmetto Surety Corporation is the Appellant.

14768    The State, Respondent, v. Harold Justice, Appellant.

14769    The State, Respondent, v. Torrey L. Jamison, Appellant.

14803    The State, Respondent, v. Michael M. Walker, Appellant.

14834    State of South Carolina, Respondent, v. Elizabeth Rosette Bush, Defendant, David Nicholson d/b/a All Out Bonding Company signing as agent for: Palmetto Surety Corporation, Surety, of whom All Out Bonding Company is the Appellant.

14845    The State, Respondent, v. Joseph Eubanks, Appellant.

14848    The State, Respondent, v. Kevin Chance Hollis, Appellant.

14849    The State, Respondent, v. Lari Christine Gilbert, Appellant.

14850    The State, Respondent, v. Ishama M. Nelson, Appellant.

14874    The State, Respondent, v. Robert Samuel Eakes, Appellant.

14883    The State, Respondent, v. Frederick L. Howell, Appellant.

14895    Willie Reaves, Respondent, v. Franklin Reaves, Appellant.

14896    Sharon McCarthy, Appellant, v. The Steinberg Law Firm and Twin City Fire Insurance/The Hartford, Employer/Carrier, Respondents.

14900    Cynthia Holmes, Appellant, v. James Kevin Holmes, Respondent.

14902    Patrick and Vivian Henry, Appellants, v. Michael Tucker, Respondent.

14903    The State, Respondent, v. Roger Platt, Appellant.

14904    The State, Respondent, v. Victor Salgado, Appellant.

14920    Arcadian Shores Single Family Homeowners Association, Inc., Appellant, v. Miriam R. Cromer, Respondent.

14921    In the Matter of the Care and Treatment of Renauld Brown, Respondent. The State of South Carolina, Appellant.

14923    John and Jane Doe, as Parents, Natural Guardians and Next Friends of Anonymous Child, Appellants, v. Cassius Rojas and Richland County School District #2, Respondents.

14924    John and Jane Doe, as Parents, Natural Guardians and Next Friends of Anonymous Child, Appellants, v. Cassius Rojas and Richland County School District #2, Respondents.

14928    Charlie L. Corbin, Respondent, v. City of Columbia, Appellant.

14934    Ernest Bartlett Altman, Respondent, v. Vicky Griffith f/k/a Vicky Garner, Appellant.

14937    South Carolina Department of Social Services, Respondent, v. Quandra Johnson, Margaret Johnson, Thomas Thorne, William Austin, Defendants, of whom Thomas Thorne is the Appellant. In the interests of: Tomesha Johnson (8/10/02)Minor Under the age of 18.

14951    Delores D. Leonard, Appellant, v. Kershaw County, State of South Carolina, Respondent.

14959    The State, Respondent, v. Adam Jackson, Appellant.

14967    Bonnie Thompson, Respondent, v. Richard Russell, Irma Ruth Mabry k/n/a Irma Ruth Russell, individually and as Personal Representative of the Estate of Richard Russell, Defendants, of whom Irma Ruth Mabry k/n/a Irma Ruth Russell, individually and as Personal Representative of the Estate of Richard Russell is the Appellant.

14969    Brandi Rhodes, Respondent, v. Benson Chrysler-Plymouth, Inc. d/b/a Benson Chrysler-Plymouth Dodge, Inc., Appellant.

14986    Ethel Grant and Betty Grant Williams, Respondents, v. Oliver Seabrook, Sr.; Josephine Seabrook; Oliver Seabrook, Jr.; Harriett Seabrook; and Celia Seabrook, if living, and if deceased, their heirs at law, next of kin and distributees; also and all persons claiming under or through them; also the heirs at law, next of kin and distributees of Angenell Moultrie, and any and all persons unknown, claiming any right, title, estate or interest in or lien upon the real property described in the complaint therein, being designated as John Doe and Richard Roe, including any heirs, distributees, or any unknown defendants who may now be deceased, and including all minors, persons in the Armed Forces, persons non compos mentos, and all other persons under any disability who might have, or claim to have, any right, title or interest in or lien upon the real property described in the complaint designated as class Mary Roe, Defendants, of whom the heirs of Oliver Seabrook, Sr., are Appellants.

14990    Eugene Jamison and Delores Isaac, individually and as Personal Representative of the Estate of Virnell Isaac, Appellants, v. Ford Motor Company, Respondent.

14993    BB&T Bankcard Corporation, Plaintiff, v. B.E. Kerns & D.A. Kerns, Respondents.________________BB&T of South Carolina, Plaintiff, v. Rachel Lamont, Defendant.________________BB&T f/k/a United Carolina Bank, Plaintiff, v. Milton Baldwin, Respondent.______________In the Matter of J. William Ray, Appellant.

15039    Michelle Jordan, Appellant, v. Cecelia Martin and Lonnie Martin, Respondents.

15047    South Carolina Department of Social Services, Respondent, v. Michael Alexander Pearson, and Child: Amber Nicole Blackmon a/k/a Michelle Pearson, DOB: 10/02/00, Defendants,of whom Michael Alexander Pearson is the Appellant.

15049    South Carolina Department of Social Services, Respondent, v. Joseph Tidwell, Marcia Tidwell, and Mary Lotz, Defendants, of whom Marcia Tidwell is the Appellant. In the interests of: Suzanne Tidwell DOB: 07/22/95, Lucy Tidwell DOB: 04/16/97, Minor children under the age of 18.

15051    John Fredericks, Appellant, v. John and Mary Doe, Respondents.

15052    Michael Scott Blanton and Andrea Jean McDaniel, Respondents/Appellants, v. Melissa McDaniel; Everett Lee Hicks; And Dylan & Grace, Minors Under the Age of Seven (7) Years, Defendants, of whom Melissa McDaniel is the Appellant/Respondent.

15053    Michael Lee and Jennifer Lee, Respondents, v. South Carolina Department of Social Services, Stephanie Lee, Barry Lee, In the Interest of: Christopher Lee (03/26/98), Nicholas Lee (01/05/01), Cheyenne Lee (02/21/02), Defendants, of whom South Carolina Department of Social Services and Barry Lee are Respondents and Stephanie Lee is the Appellant.