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 4, 2008
Courtroom I
(Court convenes at 9:30 a.m.)
 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.

 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.

 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.

Wednesday, March 5, 2008
Courtroom I
(Court convenes at 9:30 a.m.)
 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.

 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.

 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.

Thursday, March 6, 2008
Courtroom I
(Court convenes at 9:30 a.m.)
 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.

 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

 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.

 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.

Friday, March 7, 2008
Courtroom I
(Court convenes at 11:00 a.m.)
 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.

Wednesday, March 5, 2008
Courtroom II
(Court convenes at 10:15 a.m.)
 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.

In this medical malpractice action, Hoard appeals the trial court's grant of summary judgment arguing an issue of fact remains regarding the radiologist's failure to note in his report that an umbilical venous catheter was abnormally placed.

 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.

Howell Road, LLC appeals arguing the lower court committed err in striking its defenses and creating a new equitable case.

 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.

Wife appeals arguing the family court erred by awarding her rehabilitative alimony for only one year, failing to award her an interest in Husband's business, and failing to award her the full amount of her attorney fees and costs.

Cases to be Submitted Without Oral Argument
14811    The State,Respondent, v. Ronald Porterfield,Appellant.

14862    The State,Respondent, v. Andre Methelus,Appellant.

14908    The State,Respondent, v. Jesse Winfrey,Appellant.

15111    The State,Respondent, v. Marvin Shorow Miller,Appellant.

15112    The State,Respondent, v. Derek Mims,Appellant.

15167    The State,Respondent, v. Brandon Eugene Jones,Appellant.

15183    The State,Respondent, v. Angela Vaughn,Appellant.

15184    The State,Respondent, v. Terrence T. Wakefield,Appellant.

15185    The State,Respondent, v. Thomas L. Mullins,Appellant.

15186    The State,Respondent, v. Mendell Thomas,Appellant.

15202    The State,Respondent, v. Gerald Brownlee,Appellant.

15203    The State,Respondent, v. Laurie Ann Dickerson,Appellant.

15205    The State,Respondent, v. Phillip Rhinehardt,Appellant.

15215    The State,Respondent, v. Tarell Shando Clark,Appellant.

15219    The State,Respondent, v. Daniel Lamar Larry,Appellant.

15220    The State,Respondent, v. Jeramy Williams,Appellant.

15272    The State,Respondent, v. Ted Edward Abney,Appellant.

15281    The State,Respondent, v. Gensing George Cokley,Appellant.

15300    The State,Respondent, v. Andre Bush,Appellant.

15301    The State,Respondent, v. Kevin Holz,Appellant.

15309    The State,Respondent, v. Ernest Teddy Shaw, III,Appellant.

15328    The State,Respondent, v. Hershal Jackson,Appellant.

15375    The State,Respondent, v. Antonio Lopez Moore,Appellant.

15441    The State,Respondent, v. Tiwan Graham,Appellant.

15460    The State,Respondent, v. James Edward Ray,Appellant.

15465    The State,Respondent, v. Dwayne Brown,Appellant.

15495    The State,Respondent, v. Ardelio X. Lopez,Appellant.

15496    The State,Respondent, v. Doran Washington,Appellant.

15500    The State,Respondent, v. Walter Martez Thomas,Appellant.

15501    The State,Respondent, v. Thomas Jefferson Davis,Appellant.

15503    The State,Respondent, v. Wellington Cannon, III,Appellant.

15505    The State,Respondent, v. Lyndraos Green,Appellant.

15551    The State,Respondent, v. Jonathan Southers,Appellant.

15552    The State,Respondent, v. Elizabeth Gail Robinson,Appellant.

15555    The State,Respondent, v. Kenneth Walker, Jr.,Appellant.

15567    Amy Bailey Thomson, Respondent, v. Colin Andrew Thomson, Appellant.

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.

15630    Deanna L. Burr, Respondent, v. Wayne Burr, Appellant.

15640    The State, Respondent, v. Walter Demetrius Brown aka Walter Parker, Appellant.

15642    The State,Respondent, v. ,Charles E. Garza,Appellant.

15644    The State,Respondent, v. Linda Michelle Atkinson,Appellant.

15658    The State,Respondent, v. Lisa Riddle Stepp,Appellant.

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.

15662    Kenneth Marcell Wingate,Appellant, v. State of South Carolina,Respondent.

15663    Kenneth E. Wright and Bonnie L. Wright, Appellants/Respondents, v. Hiester Construction Co., Inc, Respondent/Appellant, and Dilia And Odin Painting Co., Respondent.

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.

15673    The State,Respondent, v. Marcus McKenzie,Appellant.

15699    In the Matter of the Care and Treatment of Derrick D. Swinney,Appellant.

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.

15716    City of Columbia,Respondent, v. Mamie Jackson,Appellant.

15718    Robert Brown,Respondent, v. Mae Ola Brown,Appellant.

15719    Daryl Carlson, Appellant, v. Poston Packing Company, Inc., Employer, and Capital City Insurance Company, Carrier, Respondents.

15721    The Estate of Ada B. Nicholson, by Ronald D. Nicholson, Personal Representative, Appellant, v. South Carolina Department of Health and Human Services, Respondent.

15723    Donald Martin, Appellant, v. Audrey Halverson, Respondent.

15724    MidFirst Bank, Respondent, v. Marie Brooks, Appellant.

15725    Plowden Construction Co., Respondent-Appellant, v. Richland-Lexington Riverbanks Park District and The LPA Group Incorporated, Appellants-Respondents.

15727    Michelle Stephens Stokes Townsend f/k/a Michelle Stephens Stokes, Appellant, v. Charles Jack Rogers and Mary R. Guy, Respondents.

15736    The State,Respondent, v. Alonzo Demetric Harvin,Appellant.

15738    The State,Respondent, v. William Frank Caldwell,Appellant.

15739    The State,Respondent, v. Hoss Hicks #1,Appellant.

15740    The State,Respondent, v. Joshua Devar Gordon,Appellant.

15742    In the Matter of the Care and Treatment of James P. Ettel, Appellant.

15747    James Mellen, Appellant/Respondent, v. David Patrick Lane, Respondent/Appellant.

15748    MBNA America Bank, N.A., Respondent, v. Joseph E. Baumie, Appellant.

15750    Pools Plus, Inc., Respondent, v. Angela Timmons, Appellant.

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.

15821    The State, Respondent, v. Dominique Donte Moore, Appellant.

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.

15735    The State, Appellant/Respondent, v. Charles L. Cummins, III, Respondent/Appellant.

15730    Ryan Corey Stradford, Respondent, v. Bettina Rashunda Wilson, Appellant.