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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, March 6, 2007 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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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.
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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.
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Wednesday, March 7, 2007 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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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.
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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.
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Tuesday, March 6, 2007 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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Wednesday, March 7, 2007 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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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.
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14768 |
The State, Respondent, v. Harold Justice, Appellant.
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14769 |
The State, Respondent, v. Torrey L. Jamison, Appellant.
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14803 |
The State, Respondent, v. Michael M. Walker, Appellant.
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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.
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14845 |
The State, Respondent, v. Joseph Eubanks, Appellant.
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14848 |
The State, Respondent, v. Kevin Chance Hollis, Appellant.
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14849 |
The State, Respondent, v. Lari Christine Gilbert, Appellant.
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14850 |
The State, Respondent, v. Ishama M. Nelson, Appellant.
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14874 |
The State, Respondent, v. Robert Samuel Eakes, Appellant.
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14883 |
The State, Respondent, v. Frederick L. Howell, Appellant.
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14895 |
Willie Reaves, Respondent, v. Franklin Reaves, Appellant.
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14896 |
Sharon McCarthy, Appellant, v. The Steinberg Law Firm and Twin City Fire Insurance/The Hartford, Employer/Carrier, Respondents.
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14900 |
Cynthia Holmes, Appellant, v. James Kevin Holmes, Respondent.
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14902 |
Patrick and Vivian Henry, Appellants, v. Michael Tucker, Respondent.
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14903 |
The State, Respondent, v. Roger Platt, Appellant.
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14904 |
The State, Respondent, v. Victor Salgado, Appellant.
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14920 |
Arcadian Shores Single Family Homeowners Association, Inc., Appellant, v. Miriam R. Cromer, Respondent.
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14921 |
In the Matter of the Care and Treatment of Renauld Brown, Respondent. The State of South Carolina, Appellant.
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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.
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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.
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14928 |
Charlie L. Corbin, Respondent, v. City of Columbia, Appellant.
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14934 |
Ernest Bartlett Altman, Respondent, v. Vicky Griffith f/k/a Vicky Garner, Appellant.
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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.
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14951 |
Delores D. Leonard, Appellant, v. Kershaw County, State of South Carolina, Respondent.
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14959 |
The State, Respondent, v. Adam Jackson, Appellant.
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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.
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14969 |
Brandi Rhodes, Respondent, v. Benson Chrysler-Plymouth, Inc. d/b/a Benson Chrysler-Plymouth Dodge, Inc., Appellant.
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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.
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14990 |
Eugene Jamison and Delores Isaac, individually and as Personal Representative of the Estate of Virnell Isaac, Appellants, v. Ford Motor Company, Respondent.
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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.
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15039 |
Michelle Jordan, Appellant, v. Cecelia Martin and Lonnie Martin, Respondents.
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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.
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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.
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15051 |
John Fredericks, Appellant, v. John and Mary Doe, Respondents.
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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.
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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.
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