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March 2023 |
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 6, 2023 | |
Courtroom I
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11:20 a.m. | (Time Limits: 15-15-5) |
2020-000054 Noel Owens, Appellant,
v.
Mountain Air Heating & Cooling, South Market Real Estate, Demetra Caldera, and Ronald E. Gilmer, Defendants,
Of which South Market Real Estate and Demetra Caldera are the Respondents. Andrew Sims Radeker, of Harrison, Radeker & Smith, P.A., of Columbia, for Appellant. Margaret A. Collins and Elizabeth Dyanne Moore, both of Palmetto State Law Group, LLC, of Columbia, for Respondent South Market Real Estate. Kelley Reed Leddy, of Salley Law Firm, P.A., of Lexington; and William R. Padget, of HHP Law Group, LLC, of Columbia, both for Respondent Demetra Calder. Noel Owens appeals the circuit court's ordering granting summary judgment to Demetra Caldera and South Market Real Estate. On appeal, Owens argues the grant of summary judgment was improper because (1) the release signed on April 3, 2015, could not have released a claim that did not arise until April 13, 2015; (2) her claims are beyond the scope of the release and indemnification document; (3) there was evidence in the record from which a factfinder could reasonably conclude Caldera was an agent of South Market Real Estate; and (4) regardless of the outcome of this appeal, she is entitled to a jury trial on the liability issues. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2018-001839 Calvin Terrell Williams, Petitioner,
v.
State of South Carolina, Respondent. Appellate Defender Taylor Davis Gilliam, of Columbia, for Petitioner. Attorney General Alan Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Respondent. In this post-conviction relief (PCR) action, Calvin T. Williams argues the PCR court erred in denying his application for relief when trial counsel failed to object to the State's use of his prior federal offenses for the purposes of seeking a sentence of life imprisonment without the possibility of parole (LWOP). |
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Tuesday, March 7, 2023 | |
Courtroom I
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11:20 a.m. | (Time Limits: 10-10-5) |
2020-000351 Gene Grady, Employee, Respondent,
v.
The Shaw Group, Employer, and Zurich American Insurance Company, Carrier, Appellants. Daniel Barry Eller and William Franklin Childers, Jr., both of Eller Tonnsen Bach, of Greenville, for Appellants. James K. Holmes and Malcolm M. Crosland, Jr., both of The Steinberg Law Firm, LLP, of Charleston, for Respondent. The Shaw Group argues the workers' compensation commission erred in granting Gene Grady a "general disability" award under Section 42-9-10 of the South Carolina Code because Grady's only injury was to his rotator cuff. The Shaw Group also argues the commission erred in awarding Grady future medical treatment. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2020-000320 Associated Receivables Funding, Inc., Respondent,
v.
Dunlap, Inc.; James Stephen Dunlap, an Individual; Dunlap Industrial Coating Services, Inc.; Dunlap Industrial Services, Inc.; Classic Industrial Services, Inc.; and Mark Beuerle, an Individual, Defendants,
Of Which Classic Industrial Services, Inc. is the Appellant. Steven Edward Buckingham, of The Law Office of Steven Edward Buckingham, LLC, of Greenville, for Appellant. Townes Boyd Johnson, III, of Townes B. Johnson III, LLC, of Greenville, for Respondent. In this action to enforce a security interest, Classic Industrial Services, Inc. (Classic) argues the circuit court erred in finding it liable under the South Carolina Commercial Code, the common law theory of negligent misrepresentation, and the equitable theory of promissory estoppel. Classic further asserts the circuit court erred in calculating Associated Receivables Funding, Inc.'s damages. |
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Thursday, March 9, 2023 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2020-000260 Ingrid G. Brantley, Respondent,
v.
Dennis E. Brantley, Sr., Appellant. Gregory Samuel Forman, of Gregory S. Forman, PC, of Charleston; and Sandra R. Parise, of Parise & Noe Law Firm, P.A., of Columbia, both for Appellant. Peter George Currence, of McDougall, Self, Currence & McLeod, LLP, of Columbia; and Jordan Christopher Calloway, of McGowan Hood Felder & Phillips, of Rock Hill, both for Respondent. This appeal stems from the family court's determinations on child custody, child support, and attorney's fees. Appellant Dennis E. Brantley, Sr. (Father) argues the family court erred by: (1) changing legal custody and final decision-making authority from Father to Ingrid G. Brantley (Mother), including failing to require Mother to participate in co parenting counseling, refusing to allow Father to bring their children to therapy/counseling, and limiting Father's visitation during the school year; (2) overstating Father's income in the court's child support calculation, retroactive support obligation, and unreimbursed medical expenses; (3) making Father responsible for 85% of the younger children's extracurricular activity expenses; (4) finding him in contempt for failing to inform Mother of his new address before moving and enrolling their eldest son at a new high school; and (5) requiring Father to pay $75,000 in attorney's fees. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2020-000786 Jeffrey Spencer Fossett, Appellant,
v.
Melissa Renee Fossett, Respondent. J. Falkner Wilkes, of Greenville, for Appellant. Joseph M. Ramseur, Jr. and Danielle Metoyer Mitchell, both of Mitchell Ramseur, LLC, of Greenville, for Respondent. In this custody dispute, Appellant Jeffrey Fossett challenges an order denying a modification of his and Respondent Melissa Fossett's custody arrangement. Jeffrey Fossett maintains that the family court erred in failing to consider the children's custodial preferences and argues that the attorney and guardian ad litem fee arrangements are inequitable. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2020-000391 Anaptyx, LLC, Appellant,
v.
Golf Colony Resort II at Deer Track Homeowners' Association, Inc., Respondent
AND
Anaptyx, LLC, Appellant,
v.
Golf Colony Resort IV at Deer Track Homeowners Association, Inc., Respondent,
AND
Anaptyx, LLC, Appellant,
v.
Deerfield Plantation Community Services Association, Inc., Respondent,
AND
Anaptyx, LLC, Appellant,
v.
Tradewinds Homeowners' Association, Inc., Respondent. Robert Wade Maring, of Maring & Moyer, LLC, of Georgetown, for Appellant. Willard D. Hanna, Jr., of Hanna Law, PA, of Myrtle Beach; and Jonathan Patrick Hanna, of Neill Law Firm, PA, of Murrells Inlet, both for Respondents. In these consolidated appeals, Appellant Anaptyx, LLC (Anaptyx) seeks review of the circuit court's respective orders granting summary judgment to Respondents, Golf Colony Resort II at Deer Track Homeowners' Association, Inc., Golf Colony Resort IV at Deer Track Homeowners' Association, Inc., Deerfield Plantation Community Services Association, Inc., and Tradewinds Homeowners' Association, Inc. (collectively, the HOAs). Anaptyx argues the circuit court erred by dismissing its respective breach of contract claims against the HOAs because there was no evidence to support the finding that the contracts to provide Wi-Fi service to the HOAs were contracts for services to or for real property for purposes of New York General Obligations Law ยง 5-903. |
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Wednesday, March 15, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2020-000534 John Mayers, Appellant,
v.
Konan Henthorn, Respondent. Eric Marc Poulin, of Anastopoulo Law Firm, LLC, of Charleston; Angeline M Larrivee, of Poulin, Willey, Anastopoulo, LLC, of Williamston; Roy T. Willey, IV, of Charleston; and Alexis Wimberly McCumber, of Athens, all for Appellant. Michael T. Coulter, of Clarkson, Walsh & Coulter, P.A., of Greenville; and William Joseph Horvath, of Turner Padget Graham & Laney, PA, of Charleston, both for Respondent. In this lawsuit about a bicycle and car wreck, John Mayers appeals the trial court's decisions denying his motion that the court deem liability to have been admitted, allowing evidence related to alcohol, and denying his motion for a new trial and judgment notwithstanding the verdict. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2020-000415 Builders Firstsource-Southeast Group, LLC, Appellant,
v.
MI Windows And Doors, INC.; ECC Contracting, LLC; Hurley Services, LLC; and Charleston Exteriors, LLC, Respondents. Stephen P. Hughes and William Hewitt Cox, III, both of Howell Gibson & Hughes, PA, of Beaufort, for Appellant. Derek Michael Newberry, of Hall Booth Smith, PC, of Mt. Pleasant, for Respondents MI Windows and Doors, Inc. and Hurley Services, LLC. Christopher Clay Olson, of Gordon & Rees LLP, of Charleston, for Respondent Charleston Exteriors, LLC. James H. Elliott, Jr. and Francis Heyward Grimball, both of Richardson Plowden & Robinson, PA, of Mt. Pleasant; and L. Dean Best and Mark Shanter Chaparro, both of Best Law, P.A., of Mount Pleasant, all for Respondent ECC Contracting, LLC. On appeal from a grant of summary judgment in this construction litigation, Appellant Builders FirstSource argues the circuit court erred in finding its claims were barred by the statute of limitations and that Appellant could not seek indemnification from the Respondent subcontractors. |
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Thursday, March 16, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2020-000500 Betty Nanney, by and through her Attorney-In-Fact, Leslie Nanney, Respondent,
v.
THI of South Carolina at Spartanburg, LLC d/b/a Magnolia Manor-Spartanburg, Rusty Flathmann, Laura Anne Winn, and Olishia Gaffney, Appellants. Stephen Lynwood Brown, Donald Jay Davis, Jr., Russell Grainger Hines, and Gaillard Townsend Dotterer, III, all of Clement Rivers, LLP, of Charleston; and Kate Mettler, of Gallivan, White & Boyd, PA, of Charleston,, all for Appellant. Gary W. Poliakoff and Raymond Paul Mullman, Jr., both of Poliakoff & Assoc., PA, of Spartanburg; Edward John Waelde, of Greenville; Whitney Boykin Harrison, of McGowan Hood Felder & Phillips, of Columbia; and Jordan Christopher Calloway, of McGowan Hood Felder & Phillips, of Rock Hill, all for Respondent. In this negligence action, THI of South Carolina at Spartanburg, LLC, Rusty Flathmann, Laura Anne Winn, and Olishia Gaffney argue the circuit court erred in (1) declining to compel arbitration regarding claims brought by Betty Nanney; (2) declining to order additional discovery on arbitrability; and (3) not clarifying whether Winn's motion to dismiss was disposed of in the order on arbitrability. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2019-001556 John Kennedy, Appellant,
v.
City of Myrtle Beach Police Department, and Amy Prock, Angela Kegler, and John Pedersen (In their Individual Capacities), Respondents. Donald Gist, of Gist Law Firm, PA; and Imani Nicole Newborn, both of Columbia, for Appellant. Dirk L. Aydlette, III and T. Foster Haselden, both of Gignilliat Savitz & Bettis, LLP, of Columbia, for Respondents. In this employment law action, John Kennedy argues the circuit court erred in dismissing his complaint against the City of Myrtle Beach Police Department (MBPD), Amy Prock, Angela Kegler, and John Pedersen. Specifically, Kennedy argues the circuit court erred in determining that because he is an at-will employee, Kennedy is barred from asserting contract based claims and a civil conspiracy claim against MBPD and Pederson. Additionally, Kennedy argues the circuit court erred in finding that as a public official who is employed at-will, Kennedy is barred from asserting a claim for civil conspiracy against anyone. |
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Wednesday, March 22, 2023 | |
Courtroom I
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2:00 p.m. | (Time Limits: 10-10-5) |
2019-001747 Jennifer Lauren Greene, Appellant,
v.
Zachary Daniel Greene, Respondent. Vanessa Hartman Kormylo, of Vanessa Hartman Kormylo, P.A., and Scarlet Bell Moore, both of Greenville, for Appellant. Kimberly F. Dunham, of Greenville, for Respondent. In this domestic matter, Jennifer Lauren Greene (Mother) argues the family court erred in: (1) awarding joint custody to Mother and Zachary Daniel Greene (Father) regarding their then five-year-old daughter (Child); (2) awarding Father primary decision-making authority regarding Child's education and healthcare; (3) awarding Father the annual tax deduction regarding Child; (4) calculating the amount of child support; and (5) awarding attorney's fees to Father. |
Cases to be Submitted Without Oral Argument | |
2019-001902 |
The State, Respondent,
v.
Kenneth Earle McGill, Appellant.
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2021-000801 |
The State, Respondent,
v.
Vernon Evans Jordan, Appellant.
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2019-001753 |
Antonio Emerson Tate, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000576 |
The unnamed Joint Venture of Craig B. Stoneburner and Gary McLaurin with Respect to Property Located at 301 South Edisto Avenue, by and through Craig B. Stoneburner, its managing Venturer, Appellant,
v.
George Anthony Moluf, III, James Whittington Clement, and James Venable Revercomb, III, Respondents.
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2020-000556 |
The State, Respondent,
v.
Brandon Christopher Grayer, Appellant.
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2021-000679 |
In the Matter of the Care and Treatment of John Shelby Wells, Appellant.
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2021-000760 |
David Boggs, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000214 |
The State, Respondent,
v.
Lee Anthony Corley, Apppellant.
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2020-000985 |
Monica Brown-Gantt, Appellant,
v.
Centex Real Estate Company, LLC and Centex Homes, a Nevada General Partnership, Defendants,
And
Centex Real Estate Company, LLC and Centex Homes, a Nevada General Partnership, Third-Party Plaintiff,
v.
Floors, Inc., successor by merger to Rice Planters Carpets, Inc., subsequently known as Creative Touch Interiors, Inc. d/b/a HD Supply Interior Solutions and now known as ISI Design and Installation Solutions, Inc., J.H. Lee Masonry, Inc. a/k/a James H. Lee Masonry, Inc., DVS, Inc., McDaniel Construction Co., LLC a/k/a McDaniel Construction, Inc., and All-American Roofing, Inc., Third-Party Defendants,
Of which Centex Real Estate Company, LLC and Centex Homes, A Nevada General Partnership are the Respondents.
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2021-001189 |
Tyrone Anderson, Respondent,
v.
State of South Carolina, Appellant.
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2020-001257 |
Leonard R. Jordan, Jr., as Personal Representative of the Estate of Lil B. Jordan, Appellant,
v.
Marian J. Kirk and Lucy J. Fuller, Respondents.
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2020-001421 |
The State, Respondent,
v.
Robert Max Watkins, Appellant.
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2021-000017 |
Yvonne J. Robinson, Respondent,
v.
Donray Curtis Jones, Cynthia Denise Jones, Emma Kelly Washington and Troy Eliazer Washington, Appellants.
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2021-001129 |
Anita and James Chabek, Appellants,
v.
AnMed Health and Larry Davidson, MD, Respondents.
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2022-000082 |
Ronald L. Mims, Appellant,
v.
Diane W. Ray, Respondent.
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2021-000561 |
Robin Allen, Appellant,
v.
Richard Winn Academy, Kristen Chaisson (in her individual capacity and as Head of School), and John Ryan II, Respondents.
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2022-000296 |
John Mack, Petitioner,
v.
State of South Carolina, Respondent.
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2021-001089 |
Jobe S. Hames, Petitioner,
v.
State of South Carolina, Respondent.
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2020-001556 |
The State, Respondent,
v.
Ralph Dale Dixon, Jr., Appellant.
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2020-000336 |
The State, Respondent,
v.
David Lance Steadman, Appellant.
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2021-001253 |
Deborah T. Weeks, Appellant,
v.
David W. Weeks, Respondent.
In Re: Estate of James Randall Weeks, Jr.
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2022-000236 |
Mark B. Mitchell and Celine C. Mitchell, Plaintiff,
v.
Ronald Joseph Albertelli and Mary Frances Snelling, Trustees of the Mary Frances Snelling Living Trust, Donnita C. Harmon and Jimmie Phillip Harmon, Defendants,
Of Whom Mark B. Mitchell, Celine C. Mitchell, Ronald Joseph Albertelli, and Mary Frances Snelling are the Respondents,
And
Donnita Harmon and Jimmie Harmon are the Appellants.
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2021-000265 |
Sula Adams, Appellant,
v.
PennyMac Loan Services, LLC; The United States of America, acting by and through its agency, The Secretary of Housing and Urban Development; Lanier Law Firm, LLC; Abby Robertson; Investors Title Insurance Company; TransUnion; Experian Information Solutions, Inc.; and Equifax, LLC, Defendants.
Of whom PennyMac Loan Services, LLC; The United States of America, acting by and through its agency, The Secretary of Housing and Urban Development; Lanier Law Firm, LLC; Abby Robertson; and Investors Title Insurance are the Respondents.
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2020-000524 |
The State, Respondent,
v.
Darryl Douglas Bradley, Jr., Appellant.
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2021-000449 |
Joseph N. Grate, Appellant,
v.
Jameka Cohen, Respondent.
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