PREV | March 2011 | 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 8, 2011 | |
Courtroom I
(Court convenes at 2:00
p.m.)
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2:00 p.m. | (Time Limits: 15-15-5) |
17742 Charles E. Gordon and Barbara Gordon, as Personal Representatives of the Estate of Clara Gordon Burch, Appellants v. Jacqueline F. Busbee, Individually and as Personal Representative of the Estate of George E. Burch; Dennis E. Burch; and Laurie E. Burch,Respondents. In the Matter of: The Estate of Clara Gordon Burch Thomas H. Pope and Adele Jeffords Pope, of Newberry, for Appellants. Warren C. Powell, Jr., and William D. Britt, Jr., of Columbia, for Respondent Jacqueline F. Busbee, Individually. Carlos W. Gibbons, Jr., of Columbia, for Respondents Dennis Burch and Laurie Burch. B. Michael Brackett, of Columbia, for Respondent Jacqueline Busbee as Personal Representative. In this probate matter, Charles Gordon, as personal representative for the estate of Clara Burch, appeals the circuit court's failure to grant a directed verdict in his favor as to certain claims, related to the transfer of Clara's assets, against Laurie and Dennis Burch, children of Clara's husband George Burch, and Jacqueline Busbee, individually and as personal representative of George's estate. Gordon further appeals the failure of the circuit court to give certain jury instructions and the circuit court's denial of his post-trial motions.
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2:45 p.m. | (Time Limits: 10 - 10 - 5) |
18218 The State, Respondent, v. Todd Maurice Bussey, Appellant. Appellate Defender Lanelle C. Durant and Appellate Defender Robert Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., of Office of the Attorney General, of Columbia, for Respondent. Todd Bussey was convicted of armed robbery. On appeal, Bussey contends the trial court erred in admitting certain evidence and in denying his motion for a mistrial.
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3:30 p.m. | (Time Limits: 10 - 10 - 5) |
18242 The State, Respondent, v. Kenneth Darrell Morris, II, Appellant. Johnny Gardner, of Conway, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Mark R. Farthing, of Office of the Attorney General, of Columbia, for Respondent. In this criminal appeal from York County, the appellant argues the trial court erred in failing to suppress drug evidence discovered in the trunk of his rented car during a traffic stop on I-77. On appeal, the appellant argues the police officers illegally extended his detention and lacked probable cause for the search that discovered the drugs.
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Wednesday, March 9, 2011 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5) |
17593 Glenn Y. Hollis, Jr., John E. Hollis, Joseph R. Robinson, Janette H. Robinson, Respondents v. Stonington Development, LLC, Appellant. Timothy G. Quinn, of Columbia, for Appellant. Freeman Belser, Clinch H. Belser, Jr., of Columbia, for Respondents. Stonington owned part of a subdivision adjoining Hollis's land. Hollis alleged that Stonington's failure to provide stormwater control damaged his two ponds. He filed a complaint against Stonington asserting negligence, trespass, private nuisance, and a violation of the Unfair Trade Practices Act. The jury returned a verdict for Hollis that included punitive damages. Stonington appeals alleging the trial court erred in (1) denying its motion for a directed verdict on punitive damages, (2) instructing the jury that there were actual and punitive damages, (3) entering the jury room, and (4) denying its motion for judgment notwithstanding the verdict, new trial absolute, and new trial nisi remittitur. It also appeals the jury award of punitive damages almost nine times the actual damages.
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10:15 a.m. | (Time Limits: 10 - 10 - 5) |
18169 Port City Limited Partnership and Ziff Porperties, Inc., Appellants/Respondents, v. City of Charleston, Respondent/Appellant. G. Trenholm Walker and Jamie A. Khan, for Appellants/Respondents. Lydia B. Applegate, of Charleston, for Respondent/Appellant. Port City appeals the circuit court's ruling that its claim for "common expenses" due under a lease with the City of Charleston was barred in part by the statute of limitations and that under the parties' prior course of dealing, no additional monies were owed to Port City under the lease.
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11:00 a.m. | (Time Limits: 10 - 10 - 5) |
18279 Edwin O. Smith and Roger M. Caldwell, co-personal representatives of the estate of Majorie H. Smith, Respondent, v. SGM Moonglo, Inc., Appellant. Robert L. Jackson, of Columbia, for Appellant. James Ross Snell, of Lexington, for Respondent. This case concerns the enforcement of a restrictive covenant prohibiting a grantee from selling alcoholic beverages on the property. SGM is the fourth grantee of property and Smith is the original grantor. SGM operates a truck stop on the property and began selling alcohol. Smith filed a complaint seeking to enforce the restrictive covenant. The circuit court issued an order enjoining SGM from selling alcohol from which SGM now appeals
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2:45 p.m. | (Time Limits: 10 - 10 - 5) |
18237 The State, Respondent, v. Robert Seifer, Appellant. Appellate Defender Lanelle Durant, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Assistant Solicitor Alec Robinsion, of Beaufort, for Respondent. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assisant Attorney General Mark R. Farthing, of Office of the Attorney General, of Columbia, for Respondent. Robert Siefer was convicted of criminal sexual conduct with a minor second degree. On appeal, Siefer contends the trial court erred in admitting alleged prior instances of sexual abuse under Rule 404(b), SCRE and erred in denying his request to recharge the jury on reasonable doubt when the court recharged the jury S.C. Code Section 16-3-657 in response to a question from the jury.
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3:30 p.m. | (Time Limits: 10 - 10 - 5) |
18150 Samuel G. Smith, Sr., Melissa Smith, and Samuel G. Smith, Jr., an infant under the age of Fourteen (14) years, by and through his next friend, Samuel G. Smith, Appellants, v. The Regional Medical Center of Orangeburg and Calhoun Counties, Elizabeth A. Lewis, D.O., and AMN Healthcare, Inc. d/b/a Staff Care, Defendants, Of whom, The Regional Medical Center of Orangeburg and Calhoun Counties is the Respondent. Charles L. Henshaw, Jr, of Columbia, for Appellant Samuel Smith, Sr. Richard B. Ness, of Bamberg, for Respondent Regional Medical Center of Orangeburg and Calhoun Counties; Weldon R. Johnson, of Columbia, for Respondent Elizabeth Lewis. In this medical malpractice action, the Smiths appeal the circuit court's grant of summary judgment in favor of the hospital because the physician-defendant was not an employee of the hospital but an independent contractor. They maintain the immunity of the Tort Claims Act does not apply to this case because the hospital owed a non-delegable duty to its emergency room patients as discussed in Simmons v. Tuomey Medical Center, 341 S.C. 32, 533 S.E.2d 312 (2000).
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Thursday, March 10, 2011 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5) |
18198 Jack Conway, Claimant, Respondent, v. Darrly Jones, d/b/a Jones Enterprises, Employer, and Legion Insurance Company in liquidation through the South Carolina Property and Casualty Insurance Guaranty Association, Carrier, Appellants. Mark Cauthen and Peter Leventis, of Columbia, for Appellants. David T. Pearlman and J. Kevin Holmes, of Charleston, for Respondent. In this workers’ compensation appeal Jones Enterprises and the Guaranty Association appeal the circuit court's order affirming the final order of the Workers' Compensation Commission finding Jack Conway was entitled to permanent total disability based upon a change in condition in for the worse.
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10:15 a.m. | (Time Limits: 10 - 10 - 5) |
17889 The State, Appellant, v. Phillip Wesley Sawyer, Respondent. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, for Appellant. Assistant Appellate Defender LaNelle Durant, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. On appeal, the State contends the trial court erred in suppressing the videotape, evidence, and breath tests results produced at the breath test site following Philip Sawyer's arrest for driving under the influence. Despite the State's failure to record the audio portion of Sawyer's breath test, the State claims the videotape and ensuing evidence were admissible based on the totality of circumstances.
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11:00 a.m. | (Time Limits: 10 - 10 - 5) |
18233 The State, Respondent, v. Robert Troy Taylor, Appellant. Jeremy Adam Thompson, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General William Blitch, of Office of the Attorney General, of Columbia, for Respondent. In this criminal case, Robert Taylor appeals his convictions for criminal sexual conduct with a minor in the second degree and kidnapping, arguing the trial court erred in (1) granting the State’s Batson motion, (2) admitting evidence of a Taylor’s prior conviction for criminal sexual conduct with a minor in the second degree, (3) finding the probative value of Taylor’s prior conviction substantially outweighed its prejudicial value, (4) denying Taylor’s motion for a directed verdict, and (5) sentencing Taylor to life without parole.
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11:45 a.m. | (Time Limits: 10 - 10 - 5) |
18241 The State, Respondent, v. Phillip Lee Spears, Appellant. Appellate Defender M. Celia Robinson, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General A. West Lee, of Office of the Attorney General, of Columbia, for Respondent. Solicitor David M. Pascoe, Jr., of Summerville, for Respondent. Phillip Lee Spears appeals his convictions for armed robbery, kidnapping, and possession of a firearm during the commission of a violent crime. Spears argues the trial court erred in: (1) denying his motion to sever his case from the co-defendant's case prior to trial; (2) denying his motion to suppress evidence that Spears submits was obtained without a valid search warrant and without valid consent; (3) denying his motion to suppress trial testimony and evidence of a gun found in the room where Spears was taken into custody; (4) denying his motion to suppress trial testimony identifying both defendants; and (5) denying his motion for a mistrial, which was made on multiple grounds.
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Wednesday, March 23, 2011 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5) |
18062 Amisub of South Carolina, Inc., d/b/a Piedmont Medical Center, Appellant, v. South Carolina Department of Health and Environmental Control, Charlotte Mecklenburg Hospital Authority d/b/a Carolina Healthcare System, and Carolina Physicians Network, Inc., Respondents Travis Dayhuff and Holly G. Gillespie, of Columbia, for Appellant. Ashley Caroline Biggers and Carlisle Roberts, Jr., for Respondent South Carolina Department of Health and Environmental Control; James G. Long, III and Edward Bender, of Columbia for Respondents Charlotte Mecklenburg Hospital Authority d/b/a Carolina Healthcare System, and Carolina Physicians Netwokr, Inc. Amisub of South Carolina, Inc., d/b/a/ Piedmont Medical Center appeals from the grant of summary judgment, arguing the Administrative Law Court erred when it determined Carolinas Healthcare Urgent Care - Fort Mill is "the office of a licensed private practitioner" and is therefore exempt from certificate of need review under S.C. Code Ann. Regs. 61-15 § 104(2)(e).
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
17707 Carol M. Kimmer, Personal Representative of the Estate of Richard Kimmer, deceased,Respondent, v. Philip E. Wright, Appellant. Warren C. Powell, Jr, of Columbia, for Appellant. Thomas H. Pope, III, of Newberry, for Respondent.
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Wednesday, March 23, 2011 | |
Courtroom II
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
18656 South Carolina Department of Social Services, Respondent, v. Rayshana Lee H., Randall Quinn S. and John Doe, Defendants, of whom Randall Quinn S. is the Appellant. In the interest of 2 minor children under the age of 18. Richard T. Jones, of Sumter, for Appellant. Deborah Truett Nielsen, of Bishopville, for Respondent. Edgar R. Donnald, Jr., of Sumter, for Guardian ad Litem.
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Cases to be Submitted Without Oral Argument | |
17477 |
Information Centers, Inc., a South Carolina Corporation, Appellant, v. J. Patrick Shores, a resident of Georgia, 800 Marketing Solutions, Inc., a Georgia Corporation, Respondents.
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17630 |
The State, Respondent, v. MacArthur Lee, Jr., Appellant.
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17658 |
Gregory Johnston, Appellant, v. South Carolina Department of Corrections, Respondent.
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17691 |
The State, Respondent, v. Grady Ashe, Appellant.
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17699 |
The State, Respondent, v. Erik M. Morrow, Appellant.
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17703 |
The State, Respondent, v. Calvin E. Todd, Appellant.
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17704 |
In The Matter Of The Care And Treatment Of Thomas Simmons, Appellant.
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17718 |
Jacob W. Black, Jr., Appellant, v. William E. Black, William Lee Black, James B. Black, and Clayton E. Black, Respondents.
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17824 |
Ashlet Tefft, Respondent, v. Clarke M. Tefft, Appellant.
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17842 |
Walter P. Haney, Jr., Respondent, v. Ray's Vacuum and Sewing Center and S.C. Uninsured Employer's Fund, Defendants, CNA Insurance Company, Carrier, Of Whom Ray's Vacuum and Sewing Center and S.C. Uninsured Employer's Fund are Appellants and CNA Insurance Company is the Respondent
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17844 |
Phillip Herriott, as Personal Representative of the Estate of Sheila D. Herriott, Deceased, Appellant, v. Hospital Corporation of America, Grand Strand Regional Medical Center, Carolina Health Specialists, and George Sandoz, M.D., Defendants Of Whom Grand Strand Regional Medical Center is the Respondent.
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17866 |
The State, Respondent, v. Beulah R. Butler, Appellant.
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17893 |
The State, Respondent, v. Michael Adam Turner, Appellant.
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17898 |
Donnie Merck, Employee, Appellant, v. J. D. Hollingsworth on Wheel, Inc., Employer, and Twin City Insurance Co., Carrier, Respondents.
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17899 |
George Wyman Oxner, Appellant, v. Johnnie Mimms Oxner, Respondent.
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17904 |
Karen D. Mohammad, Respondent, v. Spencer Real Estate Investments, Inc., Appellant.
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17911 |
Robin Carson Cantrell, Appellant, v. Carolinas Recycling Group, Employer, and Wasau Insurance Companies, Carrier, Respondents.
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17920 |
Seyed D. Tahaei, Respondent, v. Sherri L. Tahaei, Appellant.
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17921 |
South Carolina Department of Motor Vehicles, Appellant, v. Dominic Vladimir Gibbs, Respondent.
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17923 |
Wells Fargo Bank, National Association as Trustee for Securitized Asset Backed Receivable, LLC 2006-OP1 Mortgage Pass-Through Certificates, Series 2006-OP1,Respondent v. Verianne A. Barker, Four Seasons Farms Homeowners Association, Inc., Defendants, Of whom Verianne A. Barker is the Appellant.
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17925 |
Mildred H. Shatto, Employee/Claimant, Respondent, v. McLeod Regional Medical Center and Key Risk Management Services, Inc., Employer/Carrier, Appellants, and Staff Care, Inc., and Travelers Insurance, Employer/Carrier, Respondents.
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17944 |
Stacy W. Howard, Appellant, v. Pamela O. Cartee, Respondent.
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17999 |
Rene' McMasters, Respondent v. H. Wayne Charpia, Appellant and Charpia Residentials LLC, Defendant.
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18034 |
Sandra Kay Jackson, Respondent, v. Franklin Jackson, Appellant.
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18039 |
C. P. Hodge,Appellant/Respondent v. W. Miles Hodge, W. Miles Hodge, Trustee, and Patricia Croft, Trustee,Respondents/Appellants
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18057 |
Ronald Baldwin, Employee, Respondent, v. Whitaker Container Services, Inc., and Rockwood Casualty Insurance Co., Defendants, Of Whom, Rockwood Casualty Insurance Co., is the Appellant.
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18070 |
Linda R. Asmussen, Appellant, v. Patrick M. Asmussen, Respondent.
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18074 |
Ricky Burton, Appellant v. Hardaway Concrete Co., Inc and Liberty Mutual Fire Insurance ,Respondents.
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18083 |
Johnnie Major, Personal Representative of the Estate of Ed Major a/k/a Edward Major a/k/a Edward Major, Sr., Appellant, v. Penn Community Services, Inc., a South Carolina Not-For-Profit Corporation, Respondent.
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18105 |
Christine Visser, Appellant, v. Michael Pinckney, Respondent.
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18106 |
Christine Visser, Appellant, v. APEX Buliders, LLC, and Bill Pinckney, Respondent.
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18107 |
Christine Visser, Appellant, v. Quality Control Painting, LLC, and Michael Edwards, Respondents.
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18108 |
Wells Fargo Bank, NA, Respondent, v. Michael Smith; South Carolina Department of Motor Vehicles; M & T Properties, Inc.; State of South Carolina; Arthur State Bank; South Carolina Department of Probation, Pardon and Parole Services, Defendants, of whom Michael Smith is the Appellant.
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18162 |
The National Bank of South Carolina, Respondent, v. Ship Ahoy Marina, LLC; Bhupedra Patel; Pradipkumar Patel; Jeffrey T. Shoup; David T. Hix; Baldwin Construction Co.; Carter Architecture, Inc.; Ocean Front Real Estate Company; Victor Cardinali; Ellen Cardinali; Roger Carlsen; Michael Nortung; Gulfstream Holdings, LLC; Michael McCarthy; Gary F. Ownbey; Brian A. Murdoch; Joseph Foley; Patricia Foley; Kurt Peins; Robert Peins; Derek Peins; Danny Quinn; Patricia Quinn; Barbara Kellnerl George Van Woeart; Stanley Forman; Joyce Forman; Kenneth Tallmadge; Michael Clark; Harold Braswell; Steve Mendenhall; Clement Keamy; John Hill; Equity Trust FBO; Martha S. Williams, IRA; Gerald Pirozek; Richard Iacovelli; Doug Steinbrunner; Martin McGarvey; Nancy McGarvey; Patti Krukoff; Benjamin Bunce; Beverly Mandell; Eric Lapin; Rita Shane; and Nancy Mackillop, Defendants, Of whom, Gary F. Ownbey; Brian A. Murdoch; Joseph Foley; Patricia Foley; Kurt Peins; Robert Peins; Derek Peins; Danny Quinn; Patricia Quinn; Barbara Kellnerl George Van Woeart; Stanley Forman; Joyce Forman; Kenneth Tallmadge; Michael Clark; Harold Braswell; Steve Mendenhall; Clement Keamy; John Hill; Equity Trust FBO; Martha S. Williams, IRA; Gerald Pirozek; Richard Iacovelli; Doug Steinbrunner; Martin McGarvey; Nancy McGarvey; Patti Krukoff; Benjamin Bunce; Beverly Mandell; Eric Lapin; Rita Shane; and Nancy Mackillop are the Appellants.
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18163 |
Southeastern Site Prep, LLC, Southeastern Property Development, LLC, Steve Desimone and Thomas Viljac, Respondents, v. Atlantic Coast Builders and Contractors, LLC, James N. Richardson, Jr., Appellants.
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18165 |
South Carolina Department of Motor Vehicles, Respondent, v. Phillip Samuel Brown, Appellant.
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18167 |
South Carolina Department of Revenue, Appellant, v. Club Rio, d/b/a Club Level, Respondent.
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18183 |
Marcus Adrien James and Leon P. James, Appellants, v. South Carolina Department of Transportation, a body politic, and the City of Marion, a body politic, Respondents.
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18185 |
Witt General Contractors, Inc., Respondent, v. Robert Farrell, Appellant.
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18201 |
Louis P. Batson, Jr., Respondent, v. Northside Traders, LLC, Appellant.
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18204 |
SunTrust Bank s/b/m National Bank of Commerce, including its Division, Central Carolina Bank, Appellant, v. Brandy K. Bryant a/k/a Brandy K. McGarthy, Arnold L. Bryant, Phyllis W. Davis and Stephen Ford, as Spartanburg County Tax Collector, Defendants, Of whom Phyllis W. Davis is the Respondent.
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18207 |
William Black and Debbie Black, Appellants,v. Danielle P. Cayia, Deborah Davis Cayia, Michael R. Knox and Tung Van Dao, Respondents.
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18211 |
The Bank of New York, as successor to JP Morgan Chase, N.A., as Trustee on behalf of Certificate-holders and the Certificate Insurer of ABF's Mortgage Loan Trust 2002-1, Mortgage Pass-Through Certificates, Series 2002-1, as successor-in-interest to American Business Mortgage Services, Inc., Appellant, v. Robert Earl Salone and Mae B. Randolph, Defendants, Of Whom Mae B. Randolph is Respondent.
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18224 |
The State, Respondent, v. Darrell Nathaniel Mitchell, Appellant.
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18238 |
The State, Respondent, v. Theodore Kyin Oo, Appellant.
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18272 |
Nikki Lauren Oronato, Appellant, v. South Carolina Department of Motor Vehicles, Respondent.
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18274 |
Thomas F. Martin and John D. Martin, Respondents, v. David H. Walker, Appellant.
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18277 |
Charles Robert Maybury, Jr., Appellant, v. Christen R. Maybury, Respondent.
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18278 |
Mantei & Associates, LTD, Respondent, v. John D. Monroe, Jr., and Julia Marie Shields, Appellants.
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18294 |
Erica Shea West as Personal Representative of the Estate of Kenneth West, Claimant, Appellant, v. Fluor Corporation, Employer, and American Casualty Company of Reading, PA, Carrier, Respondent.
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18342 |
The State, Respondent v. Jonathan Vick, Appellant.
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18298 |
Erika L. Jones, Respondent, v. Department of Social Services, Employer, and State Accident Fund, Carrier, Appellants.
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18075 |
Palmeto Company, Respondent, v. Sean McMahon, Appellant.
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