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March 2022 |
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 8, 2022 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-000314 Bradley Circle Vacation Partners, LLC, and Monti Development HH, LLC, Appellants,
v.
Town of Hilton Head Island, Town of Hilton Head Island Board of Zoning Appeals, Tamara Becker and Rhonda Carper, Respondents. Drew A. Laughlin, of Laughlin & Bowen, PC, of Hilton Head Island, for Appellants. Curtis Lee Coltrane, of Coltrane & Wilkins, LLC, of Hilton Head Island, for Respondents Town of Hilton Head Island and Town of Hilton Head Island Board of Zoning Appeals. Tamara Becker, pro se. Rhonda Carper, pro se. Bradley Circle Vacation Partners, LLC and Monti Development HH, LLC appeal the Master in Equity's order affirming the Town of Hilton Head Island Board of Zoning Appeals' (BZA) decision to overrule the Town's Land Management Ordinance (LMO) Official's determination that the BZA's approval of certain variances constituted approval of a site specific development plan for 28 Bradley Circle and 3 Whelk Street and established a vested right to build the two homes to the maximum height allowed by the LMO when the BZA approved the variances on March 28, 2016 |
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11:20 a.m. | (Time Limits: 15-15-5) |
2019-000362 Adele J. Pope, Appellant,
v.
Estate of James Brown and the James Brown 2000 Irrevocable Trust, Respondents. Adam Tremaine Silvernail of Law Ofc. of Adam T. Silvernail of Columbia, for Appellant. J. David Black, of Nexsen Pruet, LLC, of Columbia, and Kirsten Elena Small, of Nexsen Pruet, LLC, of Greenville, both for Respondents. This is an appeal from a circuit court order declining to award the fees allowed by statute to one of the former personal representatives of an estate. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2018-002242 The State, Respondent,
v.
Phillip Wayne Lowery, Appellant. Taylor Davis Gilliam, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General William M. Blitch, Jr., both of Columbia; and Solicitor William Walter Wilkins, III, of Greenville, all for Respondent. Phillip Wayne Lowery appeals his driving under the influence (DUI) conviction, arguing the trial court erred in (1) admitting statements he made on a dash camera (dash cam) recording and (2) failing to dismiss his charge due to the State's failure to comply with the DUI statute regarding a dash cam recording. |
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Wednesday, March 9, 2022 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2019-000641 The State, Respondent,
v.
Jermasha Nelson, Appellant. Adam Sinclair Ruffin, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Jonathan Scott Matthews, both of Columbia; and Solicitor Isaac McDuffie Stone, III, of Bluffton, all for Respondent. Jermasha Nelson appeals her conviction for felony driving under the influence resulting in death, arguing the trial court erred in (1) allowing the State to use a computer animation of the accident and (2) allowing the opinion testimony of a physician's assistant. |
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10:40 a.m. | |
2018-000054 Theodore Wills, Jr., Petitioner,
v.
State of South Carolina, Respondent. William G. Yarborough, III and Lauren Carole Hobbis, both of William G. Yarborough III, Attorney at Law, LLC, of Greenville, for Petitioner. Chelsey Faith Marto, of Columbia, for Respondent. In this action for post-conviction relief (PCR), Theodore Wills, Jr. (Petitioner) argues the PCR court erred in concluding counsel was not ineffective for advising Petitioner to enter into a proffer agreement. Specifically, Petitioner asserts counsel was ineffective because his advice was based on an erroneous and unreasonable interpretation of the proffer agreement. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2018-000970 Antwan D. McMillan, Petitioner,
v.
State of South Carolina, Respondent. James Arthur Brown, Jr., of Law Offices of Jim Brown, P.A., of Beaufort, for Petitioner. Assistant Attorney General Mark Reynolds Farthing, of Columbia, for Respondent. In this appeal from the denial of an application for post-conviction relief (PCR), Antwan D. McMillan argues the PCR court erred in finding trial counsel was not ineffective for failing to request additional voir dire to discern whether any of the potential jurors were related to a law enforcement officer. |
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Thursday, March 10, 2022 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-000803 Fonda E. Patrick and Andre Patrick, Appellants,
v.
Gasnel E. Bryan, M.D., Individually and as an agent and/or employee of Aiken Regional Medical Centers, LLC; Frank Y. Chase, M.D., Individually and as agent and/or employee of Aiken Regional Medical Center, LLC; Jonathan H. Anderson, M.D., Individually and as an agent and/or employee of Aiken Regional Medical Centers, LLC; and Aiken Regional Medical Centers, LLC, Defendants,
Of which Gasnel E. Bryan, M.D., Individually and as an agent and/or employee of Aiken Regional Medical Centers, LLC; Frank Y. Chase, M.D., Individually and as agent and/or employee of Aiken Regional Medical Center, LLC and Aiken Regional Medical Centers, LLC are Respondents. Francis M. Hinson, IV, of HHP Law Group, of Columbia, for Appellants. J. Ben Alexander and Kenneth Norman Shaw, both of Haynsworth Sinkler Boyd, PA, of Greenville, for Respondent Aiken Regional Medical Center, LLC. Andrew F. Lindemann, of Lindemann & Davis, P.A., of Columbia, for Respondent Gasnel E. Bryan, M.D. Hutson S. Davis, Jr., of Bluffton, for Respondent Frank Y. Chase, M.D. In this medical malpractice case, Fonda E. and Andre Patrick (the Patricks) appeal the circuit court's order dismissing their notice of intent to file suit, arguing the circuit court erred in concluding their claims were barred by the applicable statute of limitations. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2019-000882 State of South Carolina, Appellant,
v.
Danny Jame Plumley, Respondent. Attorney General Alan McCrory Wilson and Joshua Abraham Edwards, both of Columbia; and Solicitor William Walter Wilkins, III, of Greenville, all for Appellant. David Alan Wilson, of Wilson & Englebardt, LLC, of Greenville, for Respondent. The State appeals the circuit court's order affirming the magistrate's grant of Danny Jame Plumley's motion to suppress the results of his breath alcohol concentration test. The State contends the arresting officer was only required to give Plumley the general implied consent warning as opposed to the commercial driver implied consent warning because Plumley was not driving a commercial vehicle at the time of the time of his traffic stop. |
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Tuesday, March 15, 2022 | |
Courtroom I
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10:40 a.m. | (Time Limits: 15-15-5) |
2019-000367 Desa Ballard and Desa Ballard P.A., d/b/a Ballard & Watson, Appellants,
v.
Admiral Insurance Company and Adele J. Pope, individually and as Special Administrator of the Estate of Gloria Corley, Respondents. Eric Steven Bland, of Bland Richter, LLP, of Columbia; and Ronald L. Richter, Jr. and Scott Michael Mongillo, both of Bland Richter, LLP, of Charleston, all for Appellants. Adele Jeffords Pope, of Law Office of Adele J. Pope, PC, of Newberry, for Respondent Adele R. Pope. Adam Tremaine Silvernail, of Law Ofc. of Adam T. Silvernail, of Columbia, for Respondent The Estate of Gloria Corley. Wesley Brian Sawyer, of Murphy & Grantland, PA, of Columbia, for Respondent Admiral Insurance Company. In this declaratory judgment action, Desa Ballard appeals the circuit court's order granting Admiral Insurance Company's motion for judgment on the pleadings, arguing the court's consideration of the "hammer clause" was premature and that the record contains no facts from which the court could have determined whether Ballard's refusal to permit settlement was reasonable. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2019-000416 The State, Respondent,
v.
Frankie Lee Davis, III, Appellant. Adam Sinclair Ruffin, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General William M. Blitch, Jr., both of Columbia, for Respondent. Frankie L. Davis, III, appeals his conviction of resisting arrest, arguing the circuit court erred in: (1) denying his motion to suppress, (2) denying his directed verdict motion, (3) denying his motion to compel personnel records of the arresting officer, and (4) refusing to allow him to cross-examine the arresting officer about his personnel records. |
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12:00 p.m. | (Time Limits: 15-15-5) |
2019-000222 The State, Respondent,
v.
Devonta Edward Williams, Appellant. Joanna Katherine Delany, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Tommy Evans, Jr., all of Columbia; and Solicitor Jimmy A. Richardson, II, of Conway, all for Respondent. Devonta Williams appeals the denial of his request for a directed verdict on attempted murder and argues there is no evidence he intended to kill the individual named in the indictment. |
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12:40 p.m. | (Time Limits: 10-10-5) |
2017-001474 Georgia Woodberry, Petitioner,
v.
State of South Carolina, Respondent. Joanna Katherine Delany, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Yasmeen Ebbini Klein, both of Columbia, for Respondent. Georgia Woodberry argues the PCR court erred in finding her plea counsel was not ineffective because counsel misadvised her about her criminal responsibility for the death of an unintended victim, and she suffered prejudice from counsel's allegedly incorrect advice because she would not have pled guilty to murder if she had understood she would not have been criminally responsible for murder under the felony murder rule. |
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Wednesday, March 16, 2022 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2019-000521 The State, Respondent,
v.
Terriel Leshawn Mack, Appellant. Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Senior Assistant Attorney General W. Edgar Salter, III, all of Columbia; and Solicitor Edgar Lewis Clements, III, of Florence, all for Respondent.
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10:40 a.m. | (Time Limits: 15-15-7) |
2019-001446 The Gulfstream Cafe, Inc., Respondent,
v.
J. Mark Lawhon, Individually, and Palmetto Industrial Development, LLC, Appellants. Henrietta U. Golding, of Burr & Forman LLP, of Myrtle Beach, for Appellants. George W. Redman, III, of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., of Myrtle Beach; and Simon H. Bloom and Adam D. Nugent, both of Atlanta, all for Respondent. In this appeal involving an easement and a permanent injunction, J. Mark Lawhon and Palmetto Industrial Development, LLC appeal the circuit court's order finding them in contempt. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2019-000885 The Gulfstream Café, Inc., Appellant,
v.
Palmetto Industrial Development, LLC, Respondent. Robert P. Wood and Sean Matthew Foerster, both of Rogers Townsend LLC, of Columbia; and Angela Joy Pearson, Simon H. Bloom, and Adam D. Nugent, all of Atlanta, all for Appellant. Henrietta U. Golding, of Burr & Forman LLP, of Myrtle Beach, for Respondent. In this appeal involving an easement and attorney's fees, Gulfstream Café, Inc. appeals the circuit court's order granting summary judgment in favor of Palmetto Industrial, LLC. |
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Thursday, March 17, 2022 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-000624 Dottie R. Bell, Appellant,
v.
John C. Bentley, Respondent. Thomas Jefferson Goodwyn, Jr., of Goodwyn Law Firm, LLC, of Columbia, for Appellant. Sarah Rand-McDaniel and Seth Thomas McDaniel, both of Walker Allen Grice Ammons & Foy, LLP, of Mount Pleasant, for Respondent. In this personal injury action, Dottie R. Bell appeals the circuit court's order denying her motion to substitute the estate of John C. Bentley as the defendant pursuant to Rule 25(a)(1) of the South Carolina Rules of Civil Procedure. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2018-001269 The State, Respondent,
v.
Kenneth Lamont Robinson, Jr., Appellant. Susan Barber Hackett, of Columbia; John H. Blume, III, of Law Office of John Blume, of Columbia; and Megan Sara Ehrlich, of Charleston, all for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Tommy Evans, Jr., all of Columbia, for Respondent.
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Tuesday, March 1, 2022 | |
Virtual Courtroom I
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2:30 p.m. | (Time Limits: 10-10-5) |
2018-002082 Adrian A. Duclos, Appellant,
v.
Karen R. Duclos, Respondent. Thomas Ryan Phillips, of Cordell Law LLP, of Charleston, for Appellant. Bernard F. Mack, of Ben F Mack, of Summerville, for Respondent. Adrian Duclos (Father) appeals the family court's award of $30,000 in attorney's fees and costs to Karen Duclos (Mother) after remand from this court. He argues the family court did not follow this court's mandate on remand of the case. He asserts the fees represent approximately 64% of his annual income and the family court did not properly consider his ability to pay Mother's fees. |
Wednesday, March 9, 2022 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2019-000738 Amanda Griffith, Respondent,
v.
ISL Development, LLC and Steven Stewart, Individually,
Of whom Steven Stewart is the Appellant. Capers G. Barr, III, of Barr Unger & McIntosh, LLC, of Charleston, for Appellant. R. Patrick Flynn, of Pope Flynn, LLC, of Charleston; and Michael Wade Allen, Jr., of Buxton and Collie, LLC, of Mt. Pleasant, both for Respondent. In this action to enforce a promissory note, Appellant Steven Stewart seeks review of the circuit court's order finding Stewart liable as a personal guarantor of a loan made by Respondent Amanda Griffith to Defendant ISL Development, LLC. Stewart argues the circuit court's finding that there was a bargained-for exchange of promises for good consideration was not supported by the evidence. Stewart also argues the circuit court erred by awarding attorney's fees to Griffith because the award was not supported by adequate findings of fact. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-000854 Timothy J. Register, Appellant,
v.
Angel M. Register Dixon and Lee Dixon, Respondents. Carrie Ann Warner, of Warner Law Firm, LLC, of Columbia, for Appellant. Angel M. Dixon, pro se. Lee Dixon, pro se.
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Cases to be Submitted Without Oral Argument | |
2019-001935 |
Jerome McDaniel, #166436, Appellant,
v.
South Carolina Department of Probation, Parole, and Pardon Services, Respondent.
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2019-001853 |
Emiah Anderson, #173165, Appellant,
v.
South Carolina Department of Probation, Parole, and Pardon Services, Respondent.
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2019-001413 |
Estate of Richard Ladson, Jr., by and through Personal Representative Richard Miles Ladson, Sr., POA, Respondent,
v.
THI of South Carolina at Charleston, LLC d/b/a Riverside Health and Rehab, Appellant.
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2019-001609 |
Rachel Farley, as Trustee of the Louise Farley Revocable Trust Dated February 8, 2005; Drummond B. Farley; Rachel R. Farley; Carol E. Farley; and Nancy E. Farley, Appellants,
v.
Church of the Harvest of Columbia, Inc., Respondent.
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2020-000131 |
The State, Respondent,
v.
Frazier Ray Singleton, Appellant.
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2019-002020 |
In the Matter of the Care and Treatment of Charles Sullivan, Appellant.
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2019-001879 |
Minnie Davis-Leaf, Appellant,
v.
Wanda Davis, Respondent.
AND
Elvis Nelson, Appellant,
v.
Kelsey Jones, Carroll Jones, and Wanda Davis, Defendants,
Of Whom Wanda Davis is the Respondent.
AND
Samuel Hayward, Appellant,
v.
Wanda Davis, Respondent.
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2019-001127 |
Henry L. Gray, Petitioner,
v.
State of South Carolina, Respondent.
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2020-001713 |
The State, Respondent,
v.
Ramesha Monet Brantley, Appellant.
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2019-000476 |
Fred R. Halcomb, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001810 |
The State, Respondent,
v.
Damon Ratiek Riley, Appellant.
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2019-001014 |
The State, Respondent,
v.
Terek Rasheed Goodwin, Appellant.
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2020-000061 |
Essie Ruth Ford, Appellant,
v.
Ralph Kline, Respondent.
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2019-001941 |
Bank of America, N.A., Respondent,
v.
Janie C. Southern, Appellant.
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2019-001702 |
The State, Respondent,
v.
Kenneth Wayne Carlisle, Appellant.
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2019-001975 |
The State, Respondent,
v.
Clifton Eugene Smith, Appellant.
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2018-001121 |
Nathaniel Bradley, Petitioner,
v.
State of South Carolina, Respondent.
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2019-002065 |
Calvin Smith, #090424, Appellant,
v.
South Carolina Department of Probation, Parole, and Pardon Services, Respondent.
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2019-001751 |
Adam Winningham, #268099, Appellant,
v.
South Carolina Department of Corrections, Respondent.
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2019-001862 |
Timothy Paul Kearns, Appellant,
v.
Falon Elise Odom, Respondent.
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2019-001867 |
Denis Yeo, Appellant,
v.
Lexington County Assessor, Respondent.
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2019-001557 |
Ricardo Dargan, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001745 |
The State, Respondent,
v.
Jordan Marie Hodge, Appellant.
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2019-001784 |
The State, Respondent,
v.
Ronald Brown, Appellant.
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2019-001061 |
James Stephen Nivens and Carolyn Nivens, Appellants,
v.
JB & E Heating & Cooling, Inc., a South Carolina corporation, Respondent.
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2019-001563 |
The State, Respondent,
v.
Edmund Antonio Pinckney, Appellant.
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2019-001929 |
In the Matter of:
Almeter B. Robinson
(Decedent)
Laverne Robinson, Appellant,
v.
Martha Ann Robinson Aiken, Martha Ann Robinson as Trustee, Ronnie Randolph Robinson, Almeter Robinson Harrison and Mary Alice Robinson Green, Respondents.
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2019-001960 |
The State, Respondent,
v.
Leandra Lamont Bright, Appellant.
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2019-001518 |
Laurel Grove, LLC, Respondent,
v.
Frances Lee Farmer Sullivan, Marcus Lynn Farmer, Nelson Eugene Farmer, Peaches Shawn Farmer, John Anthony Pelzer, Thomas Farmer, Tara Smith, the Heirs of Kimberly Bean, L'kita Brown, Margaret Lois Brown, Robert Brown and Willie Brown as officers, directors, and/or shareholders of the Holy Temple of God Faith Healing Church, the Estate of Lula, Mae Knox, Shirley Miller, Norma Williams, Juanita Smith, Evelyn Byrd, James Brown, Norman Smith, Robert Smith, Catherine Stroble, Sharon Brown, the Greenville County Tax Collector, John Doe representing any and all known and unknown heirs of the following individuals who may claim an interest in the Property: Willie R. Brown a/k/a Willie Ruth Brown a/k/a Willie Lee Farmer Brown a/k/a Willie Lee Wilson, Robert R. Brown a/k/a Robert Russell Brown a/k/a Robert Russell Roland Brown, Mary Elizabeth Farmer Crudup, Nelson Farmer, Donnie Rae Farmer, Richard Earle Farmer, Nazeae Jefferson a/k/a Zeon Jefferson, Annie Ruth Farmer Pelzer, Willie Rufus Farmer, Kimberly Bean, Lula Mae Knox, Theodore Byrd, Michael Jerome Smith, and as Defendants whose names are unknown claiming any right, title estate, interest in, or lien upon the real estate described in the Complaint herein, any known adults, their heirs and assigns and all other persons, firms or corporations entitle to claim under by or through the above-named Defendants, being as a class designated as Richard Roe, and any unknown infants or persons under disability being a class designated as Jane Doe, Defendants.
Of whom, Juanita Smith, Evelyn Byrd, Shirley Miller, and Sharon Brown are the Appellants.
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2019-002114 |
Dr. Gregory A. May, Respondent,
v.
Advanced Cardiology Consultants, P.C.; Dr. Lew A. Rowe; and Theresa Rowe; Appellants.
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2019-001502 |
The State, Respondent,
v.
Dustin Lee Hooper, Appellant.
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2019-000819 |
Karolee Russell, Individually, and as Personal Representative of the Estate of Kevin Brian Russell, Respondent,
v.
B & R Contracting, LLC, Brian K. Bass, and Richard A. Robertson, Defendants,
Of Whom Richard A. Robertson is the Appellant.
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2019-001694 |
Curtis T. Johnson, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000678 |
Polly M. Hindman, Petitioner,
v.
State of South Carolina, Respondent.
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2019-000399 |
Domoneik Antwan Washington, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001763 |
The State, Respondent,
v.
Sincere Ja Ray Dinkins, Appellant.
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2019-001538 |
The State, Respondent,
v.
Lagerald L. Dunham, Appellant.
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