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March 2008 |
NEXT
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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 4, 2008 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
15734 The State, Respondent, v. Terry T. Tindall, Appellant. John S. Nichols, of Columbia, 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 Harold M. Coombs, Jr., of Columbia, and Solictor Christina Theos Adams, of Anderson, for Respondent. Tindall appeals arguing the lower court committed error by denying his motion to suppress the cocaine that had been discovered in his car, failing to suppress statements allegedly made by him, and refusing to charge the jury regarding third party guilt.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15620 White's Mill Colony, Inc. Respondent, v. Arthur Williams and Leonard Boseman, Jr., Lillian Davis, Richard Weeks, Jerry Rouse, Leodel Mitchell, Jimmie Johnson, and Leon Kelly, Defendants, of whom: Richard Weeks is the Appellant. A. P. Weissenstein, Jr., of Sumter, for Appellant. Kenneth R. Young, Jr., of Sumter, for Respondent. Appellant Weeks argues that on remand from this court to the special referee, the special referee erred in: (1) determining the boundary line of the property between Weeks and White's Mill Colony; (2) determining damages awarded from Weeks to White's Mill Colony without setting forth a basis for the amount awarded; (3) failing to adopt and exercise principles of equity in awarding damages against Weeks on remand; and (4) failing to follow instructions by this court on remand by not admitting an additional survey into evidence when determining the boundary line of the property at issue.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
15743 Floree Hooper, as Personal Representative of the Estate of Albert L. Clinton, Deceased, Appellant, v. Ebenezer Senior Services and Rehabilitation Center, Respondent. Robert Verner Phillips, of Rock Hill, and John S. Nichols, of Columbia, for Appellant. Gerald Chambers and R. Hawthorne Barrett, of Columbia, for Respondent. In this civil appeal, the Appellant contends the circuit court erred: (1) in not equitably tolling the statute of limitation; (2) in failing to apply the amended version of Rule 3(a), SCRCP; (3) in failing to conclude that the assertion of the statute of limitation as a defense would be unjust; and (4) in failing to rule, pursuant to Rule 86, SCRCP, application of the amended version of Rule 3(a), SCRCP, would work an injustice so that the former procedure should apply, and that service under that procedure was completed within a reasonable time after delivery to the Sheriff.
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Wednesday, March 5, 2008 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
15581 Clyde Madren and Nancy Madren, Respondents, v. Thomas H. Bradford, Appellant. W. Scott Palmer, of Santee, and John S. Nichols, of Columbia, for Appellant. Max G. Mahaffee, for Respondents. In this breach of contract action regarding the sale of residential property in St. George, Bradford appeals the decision of the trial court awarding the Madrens $55,000.00. Bradford contends (1) Madren could not bring this action since he was not a licensed contractor; (2) Bradford did not extend the closing date on the property; and (3) the trial court's award is not supported by sufficient evidence.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15619 Zurich American Insurance Company, Respondent, v. Tony Fitzgerald Tolbert and Tonesha Tolbert, Appellants. Matthew W. Christian, of Greenville, for Appellants. J.R. Murphy and Jeffrey C. Kull,of Columbia, for Respondent. The Tolberts appeal the circuit court's granting of summary judgment in favor of Zurich American Insurance Company. The Tolberts assert the circuit court erred in: (1) failing to find Tony Tolbert was a class one insured under the Zurich policy; (2) failing to find Zurich's exclusion of the Tolberts is in conflict with the state's insurance laws; (3) refusing to construe an alleged ambiguity in favor of coverage for the Tolberts; and (4) failing to find the Honda Accord was a substitute vehicle at the time of the accident.
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2:00 p.m. | (Time Limits: 10-10-5 ) |
15722 Amos Keith Partain, Respondent v. Upstate Automotive Group, Appellant. Hannah Rogers Metcalfe and Troy A. Tessier, of Greenville, for Appellant. William N. Epps, III, of Anderson, for Respondent. Upstate Automotive Group (Upstate) appeals the circuit court's order denying their motion to compel arbitration.
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Thursday, March 6, 2008 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
15678 In the Matter of the Care and Treatment of Roger Dale McCoy, Appellant. Chief Attorney Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, 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 Office of the Attorney General, of Columbia, for Respondent. In this commitment action under the Sexually Violent Predator Act, McCoy appeals the circuit court's allowance of certain testimony by the State's expert witness. McCoy contends the testimony was irrelevant, unfairly prejudicial, and improperly brought into issue the character of McCoy's expert witness.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15659 The State, Respondent, v. Marlon Rivera, Appellant. Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent 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 S. Creighton Waters, of Office of the Attorney General, of Columbia, and Solicitor Robert M. Ariail,of Greenville, for Respondent. Rivera appeals his murder conviction alleging that the trial judge abused his discretion by admitting one of Rivera's inculpatory statements in spite of Jackson v. Denno, in admitting an alleged hearsay statement, in preventing his investigator from testifying due to a violation of a sequestration order, and ruling that he was not entitled to a charge on the law of accident and involuntary manslaughter
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15617 William and Elena Tobias, Respondents, v. Ruby Rice, Appellant. Michael F. Talley, of Greenville, for Appellant. Adam Fisher, Jr., of Greenville, for Respondents. Rice appeals the denial of her motion to vacate and/or set aside judgment due to inadequate notice and excusable neglect. She also contends the trial court erred in granting specific performance in the absence of a written contract.
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11:45 a.m. | (Time Limits: 10-10-5 ) |
15625 Theresa H. Camp and William James Camp, Respondents, v. James Scott Camp, Appellant. G. Waring Parker, of Summerville, for Appellant. William E. Hopkins, Jr., of Columbia, for Respondents. In this domestic action, Father appeals the family court’s order requiring him to pay a pro rata share of the college expenses for Son, a pro rata share of Mother’s Federal Parent Loan for Son’s education, and $4,000 in attorney’s fees.
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Friday, March 7, 2008 | |
Courtroom I
(Court convenes at 11:00
a.m.)
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11:00 a.m. | (Time Limits: 10-10-5) |
15622 Marion H. Wolf, Respondent, v. Robert L. Wolf, Appellant. Stephen R. Fitzer, of Columbia, for Appellant. Thomas Derrick Felder and John G. Felder, of St. Matthews, for Respondent. Robert (Husband) and Marion (Wife) Wolf were divorced. Husband appeals, arguing the family court erred by (1) awarding the marital residence to Wife, (2) failing to equitably divide the parties' property, (3) concluding Husband had taken jewelry belonging to Wife, (4) failing to find the marital estate was to be divided in accordance with a prenuptial agreement, (5) awarding $50,000 to Wife from the parties' joint account, (6) failing to find certain assets had been transmuted, and (7) overruling Husband's objection under Rule 609, SCRE to the admission of evidence.
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Wednesday, March 5, 2008 | |
Courtroom II
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15613 2003-CP-10-00140__________Jamia Hoard, a minor under the age of fourteen years, by Karen Elizabeth Hoard, her mother, Appellants, v. Roper Hospital, Inc., Carolina Care Alliance; Karen Johnson; Robert H. Smith, M.D.; Marshall Goldstein, M.D., and John Doe and Mary Roe, representing one or more unknown parties, Defendants, of whom: Robert H. Smith, M.D., is the Respondent. 2003-CP-10-00142___________Karen Elizabeth Hoard and William Dwight, Appellants, v. Roper Hospital, Inc.; Carolina Care Alliance; Karen Johnson; Robert H. Smith, M.D.; Marshall Goldstein, M.D., and John Doe and Mary Roe, representing one or more unknown parties, Defendants, of whom: Robert H. Smith, M.D., is the Respondent. Coming B. Gibbs, Jr. and Cameron Lee Marshall, of Charleston, for Appellants. Dawes Cooke, Jr. and Gunnar Nistad, of Charleston, and Andrew F. Lindemann, of Columbia, for Respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15746 The Nutt Corporation, d/b/a TNC Engineering, Respondent, v. Howell Road, LLC, Appellant. James A. Blair, III, of Greenville, for Appellant. Doug Smith and Shane W. Rogers, of Spartanburg, for Respondent.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
15711 Karen Allen-Hines, Appellant, v. Franklin Hines, Respondent. Robert N. Rosen, of Charleston, and Cynthia Barrier Patterson, of Columbia, for Appellant. Robert F. Gardner and J. Anthony Floyd, of Hartsville, for Respondent.
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Cases to be Submitted Without Oral Argument | |
14811 |
The State,Respondent, v. Ronald Porterfield,Appellant.
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14862 |
The State,Respondent, v. Andre Methelus,Appellant.
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14908 |
The State,Respondent, v. Jesse Winfrey,Appellant.
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15111 |
The State,Respondent, v. Marvin Shorow Miller,Appellant.
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15112 |
The State,Respondent, v. Derek Mims,Appellant.
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15167 |
The State,Respondent, v. Brandon Eugene Jones,Appellant.
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15183 |
The State,Respondent, v. Angela Vaughn,Appellant.
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15184 |
The State,Respondent, v. Terrence T. Wakefield,Appellant.
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15185 |
The State,Respondent, v. Thomas L. Mullins,Appellant.
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15186 |
The State,Respondent, v. Mendell Thomas,Appellant.
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15202 |
The State,Respondent, v. Gerald Brownlee,Appellant.
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15203 |
The State,Respondent, v. Laurie Ann Dickerson,Appellant.
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15205 |
The State,Respondent, v. Phillip Rhinehardt,Appellant.
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15215 |
The State,Respondent, v. Tarell Shando Clark,Appellant.
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15219 |
The State,Respondent, v. Daniel Lamar Larry,Appellant.
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15220 |
The State,Respondent, v. Jeramy Williams,Appellant.
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15272 |
The State,Respondent, v. Ted Edward Abney,Appellant.
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15281 |
The State,Respondent, v. Gensing George Cokley,Appellant.
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15300 |
The State,Respondent, v. Andre Bush,Appellant.
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15301 |
The State,Respondent, v. Kevin Holz,Appellant.
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15309 |
The State,Respondent, v. Ernest Teddy Shaw, III,Appellant.
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15328 |
The State,Respondent, v. Hershal Jackson,Appellant.
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15375 |
The State,Respondent, v. Antonio Lopez Moore,Appellant.
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15441 |
The State,Respondent, v. Tiwan Graham,Appellant.
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15460 |
The State,Respondent, v. James Edward Ray,Appellant.
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15465 |
The State,Respondent, v. Dwayne Brown,Appellant.
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15495 |
The State,Respondent, v. Ardelio X. Lopez,Appellant.
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15496 |
The State,Respondent, v. Doran Washington,Appellant.
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15500 |
The State,Respondent, v. Walter Martez Thomas,Appellant.
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15501 |
The State,Respondent, v. Thomas Jefferson Davis,Appellant.
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15503 |
The State,Respondent, v. Wellington Cannon, III,Appellant.
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15505 |
The State,Respondent, v. Lyndraos Green,Appellant.
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15551 |
The State,Respondent, v. Jonathan Southers,Appellant.
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15552 |
The State,Respondent, v. Elizabeth Gail Robinson,Appellant.
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15555 |
The State,Respondent, v. Kenneth Walker, Jr.,Appellant.
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15567 |
Amy Bailey Thomson, Respondent, v. Colin Andrew Thomson, Appellant.
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15621 |
Wells Fargo Bank, NA, as trustee for the benefit of the certificate holders of asset-backed pass-through certificates series 2004-WCWI, Respondents, v. Barbara S. Turner, Defendant, Richard Freeman, Foreclosure Bidder, Appellant.
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15630 |
Deanna L. Burr, Respondent, v. Wayne Burr, Appellant.
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15640 |
The State, Respondent, v. Walter Demetrius Brown aka Walter Parker, Appellant.
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15642 |
The State,Respondent, v. ,Charles E. Garza,Appellant.
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15644 |
The State,Respondent, v. Linda Michelle Atkinson,Appellant.
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15658 |
The State,Respondent, v. Lisa Riddle Stepp,Appellant.
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15660 |
2004-DR-23-01682________________Douglas Jay Edwards, Respondent/Appellant v. Frances L. Edwards, Appellant/Respondent, 2000-DR-23-02923________________Frances Lee Edwards, Appellant/Respondent v. Douglas Jay Edwards, Respondent/Appellant.
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15662 |
Kenneth Marcell Wingate,Appellant, v. State of South Carolina,Respondent.
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15663 |
Kenneth E. Wright and Bonnie L. Wright, Appellants/Respondents, v. Hiester Construction Co., Inc, Respondent/Appellant, and Dilia And Odin Painting Co., Respondent.
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15664 |
Professional Wiring Installers, Inc., Randy Cochran and Denise Cochran, Respondents, v. Thomas Sims, III, and Communication Components, Inc., Defendants, of whom Thomas Sims, III is the Appellant.
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15673 |
The State,Respondent, v. Marcus McKenzie,Appellant.
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15699 |
In the Matter of the Care and Treatment of Derrick D. Swinney,Appellant.
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15712 |
Thomas Lee Brown, Appellant, v. Gina Marie (Stiles) Brown, Respondent, and Gina Marie (Stiles) Brown, Third Party Plaintiff, v. Myron L. Brown & Carol J. Brown, Third Party Defendants.
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15716 |
City of Columbia,Respondent, v. Mamie Jackson,Appellant.
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15718 |
Robert Brown,Respondent, v. Mae Ola Brown,Appellant.
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15719 |
Daryl Carlson, Appellant, v. Poston Packing Company, Inc., Employer, and Capital City Insurance Company, Carrier, Respondents.
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15721 |
The Estate of Ada B. Nicholson, by Ronald D. Nicholson, Personal Representative, Appellant, v. South Carolina Department of Health and Human Services, Respondent.
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15723 |
Donald Martin, Appellant, v. Audrey Halverson, Respondent.
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15724 |
MidFirst Bank, Respondent, v. Marie Brooks, Appellant.
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15725 |
Plowden Construction Co., Respondent-Appellant, v. Richland-Lexington Riverbanks Park District and The LPA Group Incorporated, Appellants-Respondents.
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15727 |
Michelle Stephens Stokes Townsend f/k/a Michelle Stephens Stokes, Appellant, v. Charles Jack Rogers and Mary R. Guy, Respondents.
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15736 |
The State,Respondent, v. Alonzo Demetric Harvin,Appellant.
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15738 |
The State,Respondent, v. William Frank Caldwell,Appellant.
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15739 |
The State,Respondent, v. Hoss Hicks #1,Appellant.
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15740 |
The State,Respondent, v. Joshua Devar Gordon,Appellant.
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15742 |
In the Matter of the Care and Treatment of James P. Ettel, Appellant.
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15747 |
James Mellen, Appellant/Respondent, v. David Patrick Lane, Respondent/Appellant.
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15748 |
MBNA America Bank, N.A., Respondent, v. Joseph E. Baumie, Appellant.
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15750 |
Pools Plus, Inc., Respondent, v. Angela Timmons, Appellant.
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15753 |
Dugan J. McLaughlin, Appellant, v. Sally W. Williams, Coldwell Banker Chicora Real Estate, Dunes Realty, Inc., Dan Laudone d/b/a U.S. Home Inspections, Inc., and Michael W. Alpaugh d/b/a Xtreme Termite & Pest Control, Defendants, of whom Sally W. Williams, Coldwell Banker Chicora Real Estate,and Dunes Realty, Inc. are Respondents.
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15821 |
The State, Respondent, v. Dominique Donte Moore, Appellant.
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15731 |
Allan S. Terry, Appellant, v. S.C. Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, and S.C. Department of Archives and History, Respondents.
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15735 |
The State, Appellant/Respondent, v. Charles L. Cummins, III, Respondent/Appellant.
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15730 |
Ryan Corey Stradford, Respondent, v. Bettina Rashunda Wilson, Appellant.
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