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March 2018 |
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.
Monday, March 5, 2018 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2015-001868 Skydive Myrtle Beach, Inc., Appellant,
v.
Horry County, Respondent. Robert Bratton Varnado and Alexis Mills Wimberly, both of Brown & Varnado, LLC, of Mount Pleasant, for Appellant. Arrigo Paul Carotti, of Conway, for Respondent. Michael Warner Battle of Battle Law Firm, LLC, of Conway, for Respondent. In this appeal from a magistrate's order ejecting Skydive from a hangar at Grand Strand Airport, Skydive asserts the circuit court erred by denying its appeal of the ejectment order because: (1) ejectment was a mandatory counterclaim that should have been pursued in the pending circuit court case; (2) Rule 12(b)(8) required the ejectment be brought with the pending circuit court case; (3) the magistrate improperly applied its rules of court; (4) and the Space Use Permit did not supersede the prior eight-year long lease. Skydive also asserts the circuit court erred in finding its ruling was not automatically stayed during the appeal. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-001809 Skywaves I Corporation, Appellant/Respondent,
v.
Branch Banking and Trust Company, Successor in merger to Branch Banking and Trust Company of SC, a/k/a BB&T, and James Edahl, Defendants,
Of which Branch Banking and Trust Company, Successor in merger to Branch Banking and Trust Company of SC, a/k/a BB&T is the Respondent/Appellant,
And
Of Whom James Edahl is the Respondent. M. Dawes Cooke, Jr. and John William Fletcher, both of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Appellant/Respondent. Andrew K. Epting, Jr. of Andrew K. Epting, Jr., LLC, of Charleston, for Appellant/Respondent. George J. Kefalos of George J. Kefalos, PA, of Charleston, for Appellant/Respondent. Brian C. Duffy and John P. Linton, Sr., both of Duffy & Young, LLC, of Charleston, for Appellant/Respondent. Julio E. Mendoza, Jr. of Nexsen Pruet, LLC, of Columbia, for Respondent/Appellant. Molly Hughes Cherry of Nexsen Pruet, LLC, of Charleston, for Respondent/Appellant. Kirsten Elena Small of Nexsen Pruet, LLC, of Greenville, for Respondent/Appellant. J.W. Nelson Chandler of Chandler & Dudgeon LLC, of Charleston, for Respondent. This is an appeal arising out of a suit brought by Skywaves I Corporation (Skywaves) against Branch Banking and Trust Company (BB&T) for breach of contract and breach of contract accompanied by fraudulent act and against BB&T and James Edahl for negligent misrepresentation, negligence, and violation of the South Carolina Unfair Trade Practices Act (SCUTPA). Skywaves appeals the circuit court's orders (1) granting BB&T and Edahl's motions to strike its demand for a jury trial, (2) granting summary judgment to BB&T and Edahl as to its claims for negligence and negligent misrepresentation, (3) dismissing its SCUTPA claim, and (4) denying its motion to strike BB&T and Edahl's answers. BB&T appeals the circuit court's order denying it summary judgment as to Skywaves's claims for breach of contract and breach of contract accompanied by fraudulent act. |
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Tuesday, March 6, 2018 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2015-002467 State of South Carolina, Respondent,
v.
Johnnie Lee Lawson, Appellant. Appellate Defender Laura Ruth Baer, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent. Johnnie Lee Lawson appeals his conviction for breaking into a motor vehicle arguing the trial court erred by (1) allowing testimony that a fingerprint card, which contained Lawson's fingerprints, originated from a correctional institute, (2) refusing to give a limiting instruction to the jury regarding the fingerprint card and any implication of prior bad acts arising therefrom, and (3) admitting the State's witness as an expert when he was not qualified and his testimony was unreliable. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2016-000232 Denise Parker, Respondent,
v.
The National Honorary Beta Club, Appellant. Thomas A. Bright and David Lee Harris, Jr., both of Ogletree Deakins Nash Smoak & Stewart, PC, of Greenville, for Appellant. Brian Patrick Murphy of Stephenson & Murphy, LLC, of Greenville, for Respondent. In this employment dispute, the National Honorary Beta Club appeals the punitive damages awarded to Denise Parker, asserting there was insufficient evidence of breach of contract accompanied by a fraudulent act to submit the cause of action to the jury. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2016-000213 Delories Jenkins, Respondent,
v.
Refuge Temple Church of God in Christ, Inc., and Wayne Penn, Sr., Daniel Ward, Jr., James A. Tucker and Eronda Jackson, Individually and as Members of the Board of Directors of Refuge Temple Church Of God In Christ, Inc., Defendants,
of whom Refuge Temple Church of God in Christ, Inc., is the Appellant. Timothy J. Newton and Peter E. Farr, both of Murphy & Grantland, PA, of Columbia, for Appellant. Kenneth C. Hanson and Walter Marion Riggs, both of Hanson Law Firm, PA, of Columbia, for Respondent. The Refuge Temple Church of God in Christ, Inc. (the Church) appeals from the circuit court's order granting judgment to Delories Jenkins for breach of contract, arguing the circuit court erred in (1) ruling on this case because civil courts lack subject matter jurisdiction to rule on ecclesiastical matters; (2) finding the alleged contract at issue was properly executed and approved; and (3) finding the Church waived its objections by operating pursuant to the alleged contract for several years. |
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Tuesday, March 13, 2018 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2015-002530 The State, Respondent,
v.
Preston Mozeak, Appellant. Appellate Defender Laura Ruth Baer, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Senior Assistant Deputy Attorney General John Benjamin Aplin, and Assistant Attorney General Joshua Abraham Edwards, all of Columbia, for Respondent. Solicitor Edgar Lewis Clements, III, of Florence, for Respondent. Preston Mozeak appeals his CSC with a minor convictions, asserting the trial court erred by (1) admitting a forensic interview of the child; (2) finding the child competent to testify; and (3) charging the jury that their duty was to determine the truth. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-001803 Celestine Huggins, Respondent,
v.
Kenneth Huggins and Garry Conyers, Defendants,
Of whom Kenneth Huggins is the Appellant. John Stephen Keffer of Young, Keffer & Donnald, PA, of Sumter, for Appellant. Richard Thomas Jones of Jones Seth & Jones, LLP, of Sumter, for Respondent. In this divorce action, Kenneth Huggins (Husband) appeals, arguing the family court erred in (1) allowing Celestine Huggins (Wife) to amend the pleadings; (2) finding he committed adultery; (3) awarding Wife attorney's fees and costs, including investigative fees; (4) determining his conduct, including physical cruelty and habitual substance abuse, contributed to the breakup of the marriage; (5) refusing to award him alimony; and (6) dividing the marital property and giving Wife substantially more marital property. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2015-002111 George Wetherill Clark, Respondent,
v.
Patricia Brennan Clark, Appellant. Ken H. Lester and Catherine S. Hendrix, both of Lester & Hendrix, of Columbia, for Appellant. David Michael Collins, Jr. of Collins Law Firm, P.C., of Greenville, for Appellant. David Alan Wilson of Wilson & Englebardt, LLC, of Greenville, for Respondent. In this appeal from an order of the family court, Patricia Clark (Wife) argues the family court erred in (1) setting child support; (2) finding 75% of Pure Country, Inc. (PCI) was non-marital property; (3) valuing Wife's interest in PCI; and (4) refusing to order George Clark (Husband) to contribute to Wife's attorney's fees. |
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Wednesday, March 14, 2018 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2015-002455 Robin Carr Smith, Respondent-Appellant,
v.
James Rory Smith, Appellant-Respondent. David James Brousseau of McIntosh, Sherard, Sullivan & Brousseau, of Anderson, for Appellant/Respondent. David Alan Wilson of Wilson & Englebardt, LLC, of Greenville, for Respondent/Appellant. In this domestic relations matter, James Rory Smith (Husband) appeals the family court's divorce decree arguing the court erred in (1) imputing minimum wage income to Robin Carr Smith (Wife) and awarding Wife permanent periodic alimony; (2) in the alternative, if alimony was appropriate, not ordering rehabilitative alimony; (3) awarding Wife a larger allocation of the marital estate; and (4) awarding Wife primarily income producing assets while awarding Husband primarily deferred compensation assets. Wife cross-appeals, asserting the family court erred in (1) find that the 208 Wescott property transmuted into marital property; (2) in the alternative, if 208 Wescott is marital property, failing to expressly consider Wife's "special equity" regarding Wife's non-marital funds used to acquire the property; (3) failing to include Husband's 2013 bonus in the marital estate; (4) allocating payment of the 401(k) mortgage loan to Wife; and (5) unfairly dividing the marital estate in the equitable distribution. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-002584 Group III Management, Inc., Respondent,
v.
Suncrete of Carolina, Inc., d/b/a Crystal Pools, Appellant. Alan Ross Belcher, Jr. and Elizabeth Wieters, both of Hall Booth Smith, PC, of Mt. Pleasant, for Appellant. John C. Bruton, Jr. of Haynsworth Sinkler Boyd, PA, of Columbia, for Respondent. Sarah Patrick Spruill of Haynsworth Sinkler Boyd, PA, of Greenville, for Respondent. Suncrete of Carolina, Inc. appeals the circuit court's order altering the previous circuit court order, which had granted Suncrete's motion to modify the arbitration award on the basis that the arbitrator erroneously relied on South Carolina law instead of North Carolina law when determining attorney's fees. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2015-002532 Christ Central Ministries, Respondent,
v.
City of Columbia Board of Zoning Appeals, Appellant. Dana M. Thye, of Columbia, for Appellant. Jerry Jay Bender of Baker Ravenel & Bender, LLP, of Columbia, for Respondent. We review a decision by the circuit court reversing on appeal a decision of the City of Columbia Board of Zoning Appeals (the City) denying Christ Central Ministries a permit to replace a billboard on its property. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2016-002439 Karl and Lisa Jobst, Respondents,
v.
Bryan Jobst, Brittany Martin, and South Carolina Department of Social Services, Defendants,
Of whom Brittany Martin is the Appellant
and South Carolina Department of Social Services is the Respondent.
In the interest of a minor under the age of eighteen. Melinda Inman Butler of The Butler Law Firm, of Union, for Appellant. George Brandt, III, of Henderson Brandt & Vieth, PA, of Spartanburg, for Respondents Karl Jobst and Lisa Jobst. Robert C. Rhoden, III, of Spartanburg, for Respondent South Carolina Department of Social Services. Brittany Martin (Mother) appeals the family court's order granting custody of her minor child (Child) to Child's paternal grandparents (Grandparents). Mother argues Grandparents lacked standing to pursue custody, the family court erred in dismissing the South Carolina Department of Social Services (SCDSS) as a party to the case, and the family court erred in finding her in contempt for failing to attend mediation in a family court case to which SCDSS was a party. |
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Thursday, March 15, 2018 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-002668 The State, Respondent,
v.
Sha'quille Washington, Appellant. Jack B. Swerling, of Columbia, for Appellant. Katherine Carruth Goode, of Winnsboro, for Appellant. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent. Sha'quille Washington appeals his conviction and sentence for voluntary manslaughter contending the trial court erred in (1) refusing to admit the testimony of a defense witness that Washington's uncle told the witness he committed the shooting; (2) refusing to admit toxicology evidence concerning Victim's blood alcohol level; (3) excluding the testimony of another defense witness based upon a violation if the trial court's sequestration order; (4) refusing to charge the jury on self-defense; (5) charging the jury on accomplice liability; and (6) giving an Allen charge at the close of a day's deliberation and then excusing the jury for the night. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2016-000096 Mary Jean Tucker Swiger, by and through her Attorney-in-Fact, Carol DeHaven, Appellant,
v.
Ben R. Smith and Margaret P. Kelly, as Personal Representatives of Vinton Willis Tucker, Respondents. Syretta R. Anderson, of Rock Hill, for Appellant. B. Michael Brackett of Moses & Brackett, PC, of Columbia, for Respondents. On appeal, Mary Jean Tucker Swiger argues the circuit court erred in affirming the probate court's order granting summary judgment in favor of Ben R. Smith (Nephew) and Margaret P. Kelly (Niece) because there was evidence of undue influence and a confidential relationship. |
Wednesday, March 14, 2018 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2015-002605 The State, Respondent,
v.
Jonathan Donell Rhodes, Appellant. Chief Appellate Defender Robert Michael Dudek and Appellate Defender Lara Mary Caudy, both of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Susannah Rawl Cole, all of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent.
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-002648 ABC Amusements, Inc., and Scott Wiener, Respondents,
v.
Michael O. Howard, High-Lite Rides, Inc., and MGR Rides, LLC, Appellants. John B. Duggan and Daniel Roper Hughes, both of Duggan & Hughes, LLC, of Greer, for Appellants. Wendell Leon Hawkins and Aimee Victoria-Ann Leary, both of Wendell L. Hawkins, PA, of Greer, for Respondents. On appeal, Michael Howard, High-Lite Rides, Inc., and MGR Rides, LLC (collectively, Appellants) argue the trial court erred by (1) denying their motion for summary judgment as to their claim for breach of a covenant not to compete, (2) denying their directed verdict motion as to breach of a covenant not to compete, (3) failing to instruct the jury that they could not award damages based upon breach of covenant not to compete because it directed a verdict at the close of all evidence and testimony, (4) denying their motion for judgment notwithstanding the verdict for the breach of contract and debt collection claims, (5) denying their motion for a new trial due to the amount of the verdict awarded, and (6) admitting unauthenticated and speculative exhibits into evidence. |
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Cases to be Submitted Without Oral Argument | |
2016-001409 |
Strand Classics Restorations, Appellant,
v.
Frank Emiliano, Respondent.
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2016-000497 |
Samuel Rose, Claimant, Appellant,
v.
JJS Trucking, Uninsured Employer, and Chris Thompson Services, Upstream Employer, and Bridgefield Casualty Ins. Co., Carrier for Chris Thompson Services, and The State Accident Fund, Respondents.
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2016-000546 |
The State, Respondent,
v.
Worth Edward Cook, III, Appellant.
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2015-001119 |
Bank of America, N.A., successor by merger to BAC Home Loan Servicing, LP f/k/a Countrywide Home Loans Servicing, LP, Respondent,
v.
Carolyn S. Deaner, Appellant.
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2016-000424 |
Thomas A. Williams, Appellant,
v.
State of South Carolina, Respondent.
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2015-001794 |
The State, Respondent,
v.
William Brian McCants, Appellant.
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2016-001464 |
Theresa Nelson, Appellant,
v.
Joshua Hudson, Respondent.
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2016-000916 |
Ex Parte Anthony L. Mathis, Appellant,
Invacare Corporation, Inc. and all of its subsidiaries, assignors, and assignees, Respondent,
v.
MD Medical, LLC and Gary Day, Defendants.
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2016-000283 |
Frederick Robert Chappell, Petitioner,
v.
State of South Carolina, Respondent.
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2016-002468 |
In the Matter of the Care and Treatment of Anthony Tucker, Appellant.
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2016-001828 |
The State, Respondent,
v.
Robert Joe Frost, Appellant.
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2016-000242 |
Michael Elders, Petitioner,
v.
State of South Carolina, Respondent.
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2017-000992 |
Lexie James Turner #249878, Appellant,
v.
South Carolina Department of Probation, Parole and Pardon Services, Respondent.
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2016-002369 |
The State, Respondent,
v.
Robert Lee Reeves, Appellant.
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2016-000340 |
The State, Respondent,
v.
Holly Jo Thompson, Appellant.
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2016-001468 |
South Carolina Community Bank, Respondent,
v.
Carolina Procurement Institute Inc., Gary A. Washington, Michele A. Washington, First Palmetto Savings Bank, F.S.B., Branch Banking and Trust Company of South Carolina, Palmetto Health Alliance, State of South Carolina Department of Revenue, Defendants,
of Whom Carolina Procurement Institute Inc., Gary A. Washington and Michele A. Washington are Appellants.
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2016-001521 |
South State Bank f/k/a SCBT, a South Carolina state chartered banking corporation, d/b/a First Federal, a Division of SCBT, Respondent,
v.
Three Amigos Land Co., LLC, a South Carolina limited liability company; River City Storage, LLC, a Florida limited liability company; Ramco River City, Inc., a Michigan corporation; Liberty River City Residential, LLC, a Florida limited liability company; Ramco Jacksonville, LLC, a Michigan limited liability company; George M. Lee, III, an individual; and Paul V. Degenhart, an individual, Defendants,
Of Whom Paul V. Degenhart is the Appellant.
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2016-000413 |
Donald Altman, Petitioner,
v.
State of South Carolina, Respondent.
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2015-002499 |
Ronald Tillman, Petitioner,
v.
State of South Carolina, Respondent.
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2016-001486 |
Randy Skelton and Penelope Skelton, Respondents,
v.
Summerville Plaza, LLC; BI-LO, LLC; and BI-LO, Inc., Defendants,
Of whom BI-LO, LLC; and BI-LO, Inc. are the Appellants.
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2016-000553 |
Matthew L. Dawson and Kateri Dawson, Plaintiffs,
Of whom Matthew L. Dawson is the Appellant,
v.
Ravenel Associates, Inc. d/b/a Ravenel Associates, Defendent.
Mathew L. Dawson, Plaintiff,
v.
Villiage Green Homeowners Association, Defendent,
Of whom Villiage Green Homeowners Association is the Respondent.
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2016-002298 |
Melissa J. McDaniel, John F. McDaniel, III, Tara M. Dickerson and Brandi M. Augustine, Respondents,
v.
Jolene J. Marchant and Larry C. Marchant, Sr., Appellants.
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2016-001498 |
Blondye Shanelle Michael, Respondent,
v.
Roger Denea Michael, Appellant.
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2016-001412 |
Jamar Wilson, Appellant,
v.
Nadiah Jefferies, Respondent.
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2016-001780 |
The State, Respondent,
v.
Auston Breazeal, Appellant.
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2017-000167 |
Cedric E. Young, Appellant,
v.
Valerie Poole, Respondent.
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2016-001533 |
The State, Respondent,
v.
Jacoby Jamar Gregory, Appellant.
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2016-001072 |
Bryan McHowell, Employee / Claimant, Respondent,
v.
Star Food Products / Mrs. Stratton's Salads, Inc., Employer, and Great American Alliance Ins., Carrier, Appellants.
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2016-000971 |
Florida Citizens Bank, Appellant,
v.
Sustainable Building Solutions, Inc., John Porretto, Sr., Sue A. Porretto, The County of Charleston, and Island Preservation Partnership, Defendants,
Of whom John Porretto, Sr. and Sue A. Porretto are the Respondents.
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2016-001116 |
The State, Respondent,
v.
Floyd Riley, Appellant.
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2016-002021 |
CGBS Residential, LLC, Respondent,
v.
Christopher Briggs, Appellant.
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2016-002259 |
Jamar Wilson, Appellant,
v.
Nadiah Jefferies, Respondent.
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2016-001086 |
The State, Respondent,
v.
Stanley Miller, Appellant.
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2016-000197 |
Larold Lee Morris, Petitioner,
v.
State of South Carolina, Respondent.
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2015-001708 |
William Barry Chisholm, Appellant,
v.
Susan Elaine Chisholm, Respondent.
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2016-002148 |
Jose Martinez, Respondent,
v.
Jose Efrain Henriquez Salgado; Farley Construction; Auto-Owners Insurance Company; and Builders Mutual Insurance Company,
Of whom Jose Efrain Henriquez Salgado and Auto-Owners Insurance Company are the Appellants,
And
Farley Construction Co. and Builders Mutual Insurance Company are the Respondents.
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2016-002394 |
The State, Respondent,
v.
Clarence Duane Abney, Appellant.
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2015-001727 |
The State, Respondent,
v.
Terry Williams, Appellant.
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2016-000469 |
Marcus Timmons, Petitioner,
v.
State of South Carolina, Respondent.
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2016-001206 |
Dan Anthony Dearybury, Appellant,
v.
Wanda Kim Green Dearybury, a/k/a Kim Fellner, Respondent.
IN RE:
Dan Anthony Dearybury, Plaintiff,
v.
Wanda Kim Green Dearbury, Defendant.
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2016-002227 |
Albarr- Ali Abdullah #191449, Appellant,
v.
South Carolina Department of Corrections, Respondent.
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2016-001358 |
David Lee Coward, Petitioner,
v.
State of South Carolina, Respondent.
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