PREV | March 2010 | NEXT |
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 2, 2010 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
17336 The State, Respondent, v. Charles Carmack, Appellant. Jack B. Swerling, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Julie M. Thames, of Office of the Attorney General, of Columbia, and Solicitor Douglas A. Barfield, Jr, of Lancaster, for Respondent. In this criminal matter from Fairfield County, Charles Carmack was convicted on four counts of assault and battery of a high and aggravated nature and the trial court sentenced him to twenty-five years' imprisonment. On appeal, Carmack alleges the trial court erred in (1) refusing to sequester all the State's witnesses; (2) refusing to remove the jury foreman; (3) allowing the introduction of what Carmack argues was an involuntary statement; (4) failing to allow introduction of a document Carmack argues was admissible as record of regularly conducted business.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
17348 MIA Funding, LLC, Respondent, v. P. Sizer both individually and as Trustee of Land Trust 112, Jerome Brunson, CityScape Corporation, Bureaus Investment Group #5, LLC, East Richland County Public Service District, Richland County Finance Department, The Winter Group, GTI Investments, Nathaniel Brunson, Jr., Defendants, and Wells Fargo Bank, N.A., Appellant. Brendan P. Langendorfer, of Charleston, for Appellant. Weston Adams, III, C. Edward Rawl, Jr., and Helen F. Hiser, of Columbia, for Respondent. This is a foreclosure action. Appellant Wells Fargo Bank, who claimed a first priority mortgage lien on the subject property, challenges the findings by the master-in-equity that (1) there was a valid assignment of its interest to another lienholder; and (2) the first priority mortgage lien was capped pursuant to the terms of a promissory note between the mortgagor and the purported assignee.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
17259 Timothy R. Wallace, Donna P. Wallace, William Andrew Wallace, Kimberly A. Wallace, David Jonathan Wallace and Christine Ponder Wallace, Respondents, v. Lynn Wellborn Day, Appellant. Amanda A. Bailey and Henrietta U. Golding, of Myrtle Beach, for Appellant. George Hunter McMaster, of Columbia, for Respondents. Timothy Wallace and several of his family members (the Wallaces) filed this action against Lynn Day, seeking damages for breach of a contract to purchase a condominium unit in the Camelot by the Sea Resort in Myrtle Beach. In the alternative, the Wallaces seek specific performance of the contract. Day filed a counterclaim for breach of contract as well as a summary judgment motion on her claim, which was denied. After the case was referred to the master-in-equity, the Wallaces filed a summary judgment motion, which the master granted. On appeal, Day challenges the order granting summary judgment to the Wallaces, arguing that the contract expired pursuant to its own terms because the Wallaces failed to close on April 6, 2005. Day also challenges the order denying her summary judgment motion, arguing that the Wallaces admitted that they were in default for failing to close on April 6, 2005.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
16972 City of Greenville, Appellant v. Michele Mote McCollum, Respondent. Debra J. Gammons, of Charleston, for Appellant. Janis Richardson Hall, of Greenville, and Heath Preston Taylor, of West Columbia, for Respondent. After the municipal court dismissed the City of Greenville's charge against McCollum for driving under the influence, the circuit court affirmed the dismissal. The City appeals, arguing the dismissal was improper because the City complied witih the disclosure requirements of Rule 5, SCRCrimP, and section 56-5-2953 of the South Carolina Code.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
17313 Donald M. Prince, Appellant, v. Liberty Life Insurance Company, Respondent. John S. Nichols, of Columbia, and John Eagle Miles, Sr, of Sumter, for Appellant. Kevin Kendrick Bell, of Columbia, for Respondent. In this dispute over the termination of a life insurance policy, Donald M. Prince, the beneficiary and owner of the policy, appeals from the trial court's grant of summary judgment to Liberty Life Insurance Company, finding the statute of limitations barred the action. Prince argues his cause of action as beneficiary could not have accrued until the death of the insured and the fact that he is also the owner of the policy does not change that.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
17338 In The Interest of Richard D., A Juvenile Under The Age Of Seventeen, Appellant. Appellate Defender M. Celia Robinson, 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 Salley W. Elliott, and Assistant Attorney General Michelle Parsons, of Office of the Attorney General, of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent. In this criminal matter, Appellant contends the trial court erred in admitting two witness's hearsay statements through the investigating police officer, on the basis the statements explained the course of the investigation. Appellant further argues the trial court erred in denying his directed verdict motion in reliance on another witness's prior inconsistent statement when the statement was admitted for the limited purpose of impeaching the witness's trial testimony. Appellant also maintains photographs from a video surveillance camera were admitted in violation of the best evidence rule, and a witness's handwritten statement was admitted in violation of the Brady rule.
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3:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
The following two cases will be heard jointly: | |
17233 Case No. 2007-CP-10-0013 Virendra Puniyani, Deceased Employee, and Rajkumari Puniyani, Respondents, v. Avni Grocers, Employer, Defendants, and The South Carolina Uninsured Employers' Fund, Carriers, Appellant._______________Case No. 2007-CP-10-0014 Dharmendra Chaudhari, Husband of Anita Chaudhari, Deceased, Claimant, v. Avni Grocers, Employer, and The South Carolina Uninsured Employers' Fund, Carrier. Terri Morrill Lynch, Matthew J. Story, Margaret M. Urbanic, of Charleston, and Latonya Dilligard Edwards, of Columbia, for Appellant. John S. Nichols, of Columbia, and Jarrel L. Wigger, of North Charleston, for Respondents. The South Carolina Uninsured Employer's Fund appeals the order of the circuit court reversing the decision of the South Carolina Workers Compensation Commission denying benefits to Rajkumari Puniyani, mother of deceased employee Virendra Puniyani, and Dharmendra Chaudhari, husband of deceased employee, Anita Chaudhari. The Fund argues the circuit court erred in holding the Commission should have considered an affidavit obtained after the initial hearing and in ruling claimants had established the jurisdiction of the Commission regardless of the affidavit.
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17234 Case No.: 2007-CP-10-0013 Virendra Puniyani, Deceased Employees, and Rajkumari Puniyani, Claimant, v. Avni Grocers, Employer, Defendant, and The South Carolina Uninsured Employers' Fund, Carriers,.______________Case No.: 2007-CP-10-0014 Dharmendra Chaudhari, Husband of Anita Chaudhari, Respondent, v. Avni Grocers, Employer, Defendant, and The South Carolina Uninsured Employers' Fund, Carriers, Appellant. Terri Morrill Lynch, Matthew J. Story, Margaret M. Urbanic, of Charleston, and Latonya Dilligard Edwards, of Columbia, for Appellant. John S. Nichols, of Columbia, and Jarrel L. Wigger, of North Charleston, for Respondents.
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Wednesday, March 3, 2010 | |
Courtroom I
(Court convenes at 11:00
a.m.)
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
17349 William C. Morris, Jr., and William Robert Morris, Respondents, v. Tidewater Land & Timber, Inc., and Leon E. Fonvielle, II, Appellants. Reynolds Williams and Walker H. Willcox, of Florence, for Appellants. William P. Hatfield, of Florence, for Respondents. This matter arises out of the 2003 dissolution of Tidewater Land and Timber, Inc. ("Tidewater"), a corporation in which William C. Morris, Jr. ("William"), William Robert Morris ("Robert") and Leon E. Fonvielle, II ("Fonvielle") were the sole shareholders. William and Robert commenced an action against Tidewater and Fonvielle for an accounting. Tidewater and Fonvielle counterclaimed, contending that they were owed repayment for amounts withdrawn from Tidewater by William and Robert. On appeal, Tidewater and Fonvielle challenge the special referee's judgment awarding William and Robert each $90,897.35 and dismissing Tidewater and Fonvielle's counterclaim. They argue that the special referee erred by failing to find that William, Robert and Fonvielle agreed to use the proceeds from the sale of a tract of land in Orangeburg ("Orangeburg tract") to reduce Tidewater's debt. Alternatively, they claim that the special referee erred by finding that William and Robert were individually entitled to the proceeds from the sale of the Orangeburg tract because the tract was an asset of CRW, a partnership formed by William, Robert and Fonvielle that was not subject to the accounting action. Additionally, they contend that the special referee erred by excluding on hearsay grounds testimony by Scott Williamson regarding statements made to him by William about Tidewater's dissolution. Furthermore, they argue that the special referee erred by dismissing their counterclaim on the basis that Fonvielle agreed to forgive William and Robert's debts to Tidewater because William and Robert misrepresented to Fonvielle the amounts that they owed. Lastly, they argue that equity requires the reversal of the special referee's judgment.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
17384 The State, Appellant, v. Ronald Garrard, Respondent. John Benjamin Aplin, of Columbia, for Appellant. Eleanor Duffy Cleary, of Columbia, for Respondent. The State appeals the circuit court's order finding that Ronald Garrard did not willfully violate the conditions of community supervision and was therefore not subject to electronic monitoring for life pursuant to S.C. Code Ann. § 23-3-540 (2008). The court further found that Garrard successfully completed the Community Supervision Program on February 29, 2008 and discharged his sentence pursuant to S.C. Code Ann. § 24-21-560. The State asserts that Garrard willfully violated the terms of the program and that the court abused its discretion when it failed to convene a hearing on Garrard's motion to reconsider, thus depriving the victim of her rights pursuant to S.C. Code Ann. 16-3-1560.
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Tuesday, March 2, 2010 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
17374 The State, Respondent, v. Danny Cortez Brown, Appellant. Appellate Defender Elizabeth A. Franklin, 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 Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, Assistant Attorney General Mark R. Farthing, of Office of the Attorney General, of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
17382 In The Matter of The Care And Treatment of Bobbie Manigo, Appellant. Appellate Defender LaNelle C. DuRant, 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 Deborah R. J. Shupe, and Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, for Respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
17350 Frank Peterson, Appellant, v. Charles Porter and Tiffany Porter, Respondents. Dwight Christopher Moore, of Sumter, for Appellant. R. Hawthorne Barrett and Charles F. Moore, of Columbia, for Respondents.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
17395 The State, Respondent, v. Thomas Webb, Appellant. Appellate Defender LaNelle C. DuRant, 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 Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, and Assistant Attorney General Mark R. Farthing, of Office of the Attorney General, of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent.
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12:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
17407 Holly Woods Association of Residence Owners, Respondent, v. Joe W. Hiller, Robert E. Hiller, David Hiller, and HHH Ltd of Greenville, Holly Woods Association of Residence Owners, Inc., Defendants, of whom: Joe W. Hiller and HHH Ltd. of Greenville are Appellants. Russell F. Guest, Kevin P. Brady, of Greenville, and Tucker S. Player, of Columbia, for Appellants. John T. Crawford, Jr, of Greenville, for Respondents.
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Wednesday, March 3, 2010 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
17184 Frances S. Hudson, Deceased Employee, by Kenneth L Hudson and Keith B. Hudson, Co-Executors of her Estate, as well as Matthew Deese and/or Andrew Deese, Respondents v. Lancaster Convalescent Center, Employer, and Legion Insurance Company, In Liquidation through the South Carolina Property and Casualty Insurance Guaranty Association, Carrier, Appellants. E. Ros Huff, Jr, of Irmo, for Appellants Lancaster Convalescent Center and Legion Insurance. Mark D. Cauthen, of Columbia, for Appellant S.C.Property and Casualty Insurance Guaranty Association. Andrew Nathan Safran, of Columbia, for Respondents Kenneth and Keith Hudson as PR's for Estate of Frances S. Hudson. Ann McCrowey Mickle, of Rock Hill, for Respondent Matthew Deese. Pope D. Johnson, III, of Columbia, for Respondent Andrew Deese.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
17394 The State, Respondent, v. Kareem T. Wiley, Appellant. Appellate Defender Lanelle C. DuRant, 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 Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, and Assistant Attorney General Mark R. Farthing, of Office of the Attorney General, of Columbia, for Respondent.
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11:45 a.m. | (Time Limits: 10 - 10 - 5) |
16733 David Carroll, Appellant v. South Carolina Department of Public Safety and South Carolina Department of Motor Vehicles, Defendants, of whom South Carolina Department of Motor Vehicles is the Respondent. Heath Preston Taylor, of West Columbia, and A. Randolph Hough, of Columbia, for Appellant. General Counsel Frank L. Valenta, Jr., Deputy General Counsel Philip S. Porter, and Assistant General Counsel Linda Annette Grice, all of Blythewood, for Respondent.
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12:30 p.m. | (Time Limits: 10 - 10 - 5) |
17006 The State, Respondent, v. Joe Harold Campbell, Appellant. Appellate Defender M. Celia Robinson, Office of Appellate Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Respondent.
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Cases to be Submitted Without Oral Argument | |
16107 |
South Carolina Department of Corrections, Respondent, v. Billy Joe Cartrette, #122434, Appellant.
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16274 |
The State, Respondent, v. Jimmy Lee Littlejohn, Appellant.
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16344 |
South Carolina Department of Corrections, Respondent, v. George Lee Tomlin, SCDC #166361, Appellant.
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16547 |
The State, Respondent, v. Samuel Dawan Kirk, Appellant.
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16550 |
The State, Respondent, v. Willie Arthur Brannon, Appellant.
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16706 |
The State, Respondent, v. Matthew Sanders, Appellant.
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16799 |
Anthony Walker, Respondent, v. South Carolina Budget and Control Board, South Carolina Retirement Systems, Appellant.
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16944 |
The State, Respondent, v. Enoch Wesley Posey, Appellant.
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16991 |
The State, Respondent, v. Albert Spann, Appellant.
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17047 |
Isaiah Truesdale Jr., Appellant, v. Charleston County Sheriff's Department, Respondent.
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17049 |
The State, Respondent, v. Michael Barney Dunham, Appellant.
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17052 |
The State, Respondent, v. Jason Ervin Black, Appellant.
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17053 |
The State, Respondent, v. Joshua James Cameron, Appellant.
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17054 |
The State, Respondent, v. George King, Appellant.
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17055 |
The State, Respondent, v. Thaun Van Le, Appellant.
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17056 |
The State, Respondent, v. John Douglas Alexander, Appellant.
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17058 |
The State, Respondent, v. Dustin Olin Shaw, Appellant.
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17060 |
The State, Respondent, v. Herbert Matthews, Appellant.
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17062 |
Dr. X, a/k/a Shaka Macumba Zulu X, Appellant, v. South Carolina Department of Corrections, Respondent.
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17068 |
Ricky Lafayette Murray, #104571, Appellant, v. State of South Carolina a/k/a Department of Corrections, Respondent.
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17076 |
Cathryn G. Gaither, Respondent, v. William C. Gaither, III, Appellant.
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17077 |
Ivan V. Cholak, Appellant, v. Danny Webb, Respondent.
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17078 |
In Re: Mortgage from Boyd J. Jones to Numax Mortgage Corp., in the amount of $102,125.00, dated June 1, 2001, recorded in Book 540, page 2952 in the office of Register of Deeds for Richland County, South Carolina, and subsequently assigned to DLJ Mortgage Capital, Inc. DLJ Mortgage Capital, Inc., Respondent, v. Boyd J. Jones, Appellant._______________Boyd J. Jones,Cross-Plaintiff, v. Select Portfolio Servicing, Inc. and Credit Suisse First Boston Mortgage Capital, LLC, Cross-Defendants.
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17080 |
Loretta C. Novak, Appellant, v. Joye, Locklair & Powers, P.C., Richard Scott Joye, John Wesely Locklair, III, and Delton W. Powers, Jr., Respondents.
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17089 |
The State, Respondent, v. James Eddie Vickery, Jr., Appellant.
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17095 |
City of Columbia, Respondent, v. Haiyan Lin, Appellant.
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17106 |
The State, Respondent, v. Michael A. Blair, Appellant.
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17111 |
The State, Respondent, v. Frances Troxell, Appellant.
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17123 |
The State, Respondent, v. William H. Brewster, Appellant.
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17137 |
The State, Respondent, v. Charles Williams, Appellant.
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17138 |
The State, Respondent, v. Tarren Lee Richburg, Appellant.
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17139 |
The State, Respondent, v. Ronnie Painter, Appellant.
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17144 |
SEB, a South Carolina Limited Partnership, Appellant v. Thomas Daniels, Respondent.
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17190 |
Sterow, LLC, Appellant, v. The Town of Hilton Head Island, Respondent.
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17251 |
The State, Respondent, v. Robert Lee Hughes, Appellant.
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17287 |
The State, Respondent, v. Freda Levette Byers, Appellant.
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17304 |
Sherlock Holmes Pub, Inc.,Plaintiff, v. City of Columbia, South Carolina; HFB Associates, LLC; Enterprise Bank of South Carolina; London I, LLC; and Greenwall Construction Services, Inc., Defendants, and Enterprise Bank of South Carolina, Third-Party Plaintiff, v. Rakesh "Rick" Patel, Third-Party Defendant, of whom Enterprise Bank of South Carolina, Respondent, and London I, LLC and Rakesh "Rick" Patel are Appellants.
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17323 |
The State, Respondent, v. Daniel Boyce, Appellant.
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17337 |
The State, Respondent, v. Luther B. Pearson, Appellant.
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17356 |
The State, Respondent, v. Netha Jay Boyd, Appellant.
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17360 |
The State, Respondent, v. Alonzo Markell Jenkins, Appellant.
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17383 |
The State, Respondent, v. Danny Ray Gilliam, Appellant.
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17386 |
The State, Respondent, v. Tyrone A. Ravenell, Appellant.
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17387 |
The State, Respondent, v. Johnell Porter, Appellant.
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17402 |
Billy Hensley, Respondent v. Carolinas First Investments, Inc. and James T. Garrett, Jr., President, Defendants Of Whom James T. Garrett, Jr. is Appellant.
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17403 |
Estate of Glayds Jacqueline Froce Medlin {In Re:} Terri Gallman, Respondent v. William Groce, Eutrilia G. Alewine, Joan Davis, Myrtle Lou G. Jones, Frances Lee Farmer, Carolyn Lee Comer, Paul Lee, Linda Lee, Wendy Lee, Charles Lee, Rhonda Lee, Donald Lee, Kathie Gallman, John O. Gallman, III., Randall Gallman, Joe Gallman, Helen Groce Southards, Joanne Groce Suits, Patricia Groce Wall, Sam Roberts, Buddy Roberts, Virginia Sally, Linda Groce, Dennis Groce, Reggie Cook and the Mary Martha Bible Class at First United Medthodist Church at Hickory, North Carolina of which The Estate of Myrtle Lou G. Jones is the Appellant.
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17404 |
Charles Ervin, Sr., Appellant v. Colleton County, Respondent.
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