Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch
Court of Appeals - Roster of Cases for Hearing

   
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, April 6, 2004
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
12153   Teresa Stone, Claimant/Employee, Respondent v. Traylor Brothers, Inc., Employer, and St. Paul's Fire & Marine Insurance Co., Carrier, Appellants.

James R. Courie and R. Mark Davis, of Columbia, for Appellants. Ian D. Maguire, of Myrtle Beach, and John S. Nichols, of Columbia, for Respondent.

This is a worker's compensation case. The court must determine whether an injury that occurred in the work place, but was intentionally inflicted by a co-worker, arose "out of and in the course of" employment.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
12207   Michael E. Upchurch, Respondent v. Susan O. Upchurch, Appellant.

Gregory Samuel Forman and David L. DeVane, both of Charleston, for Appellant. Kenneth A. Campbell, Jr. and Lucius Scott Harvin, both of Walterboro, for Respondent.

In this domestic relations case, the court analyzes the following issues: (1) subject matter jurisdiction relating to a mailing emanating from the office of the family court judge to the parties and a notice of appeal filed in that regard; (2) the effect of the parties' prior child support agreement on the family court's authority to award child support, and (3) the sufficiency of the pleadings in regard to an allegation of changed circumstances.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
12315   Josephine Washington and Annie Brown, Respondents v. Kimberly Eve Miller, Appellant.

Patrick W. Carr, of Charleston, for Appellant. Akim A. Anastopoulo, Constance A. Anastopoulo, and Eric S. Brock, of Charleston, for Respondents.

In this civil case, the court analyzes whether the circuit court judge erred in granting plaintiffs' motion for summary judgment in a negligence cause of action arising from an automobile accident.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
12321   Robert J. Burgess, Respondent v. Nationwide Mutual Insurance Company, Appellant.

Robert C. Brown, of Columbia, for Appellant. Nelson R. Parker, of Manning, and Kristi F. Curtis, of Sumter, for Respondent.

In this automobile insurance case, the court examines the extent to which UIM coverage may apply to a vehicle that carries basic liability coverage, but no UIM coverage.

 2:00 p.m. (Time Limits: 20 -20 - 10 )  
12034   Landmark 501(C)(9) Trust Agreement For The Landmark Group, by and through its trustees, Michael P. Dunlap, Steven D. Hale, and Roger K. Meagher, Appellants v. Pierce, Couch, Hendrickson, Baysinger & Green; H. Blanton Brown & Associates, P.C.; Brown & Sanger, PC; and Young Clement Rivers & Tisdale, LLP, Respondents.

A. Camden Lewis and Peter D. Protopapas, both of Columbia, for Appellants. Carl E. Pierce, II, and Joseph C. Wilson, IV, both of Charleston, for Respondent Pierce, Couch, Hendrickson, Baysinger & Green; Susan P. McWilliams and Nikole Setzler Mergo, both of Columbia, for Respondent Young, Clement, Rivers & Tisdale, LLP; M. Dawes Cooke, Jr., of Charleston, for Respondents, H. Blanton Brown & Associates PC and Brown & Sanger.

The appellant argues that the trial court erred in granting summary judgment to respondent law firms because (1) the statute of limitations had not expired; (2) the action was not barred by res judicata; and (3) the trial judge ignored the record pointing to appellant's damages.

Wednesday, April 7, 2004
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
12097   The State, Respondent v. Lord Byron Slater, Appellant.

Assistant Appellate Defender Robert M. Dudek, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia, and Solicitor Ralph E. Hoisington, of Charleston, for Respondent.

In this criminal matter, the court examines, among other issues, whether a defendant who carried a loaded gun with him into an altercation, can claim self-defense if he should then feel threatened because someone allegedly threatens him with a gun.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
12106   Charles D. Carter, Appellant v. The University of South Carolina, Respondent.

Mary P. Miles, of West Columbia, for Appellant. Daphne Dell Sipes, of Columbia, for Respondent.

In this civil action, the key issue is whether the appellant was still a "student" at the University of South Carolina after his dismissal from the University, but while he was appealing that decision.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
12145   Verlette R. Kizer, Respondent v. Kenneth L. Kinard, Appellant.

Lewis C. Lanier, of Orangeburg, for Appellant. Randolph Murdaugh, IV, of Hampton, for Respondent.

In this insurance case, the court examines whether money paid under a settlement that divided liability limits between a personal injury claim and a loss of consortium claim should be offset as if paid entirely to the personal injury claim.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
12170   The State, Respondent v. Willie Earl Reese, Jr., Appellant.

Jack B. Swerling, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent.

On appeal from his conviction for murder, Reese argues the trial judge erred (1) in admitting hearsay testimony, (2) in admitting photos of the victim, (3) in refusing to charge the jury on accident and/or manslaughter, and (4) in refusing to grant a mistrial based on the Solicitor's closing argument.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
12148   The State, Respondent v. Joshua Adam Galbreath, Appellant.

John Dennis Delgado and Kathrine Haggard Hudgins, both of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, and Assistant Attorney General David Spencer, all of Columbia, and Solicitor Druanne Dykes White, of Anderson, for Respondent.

The appellant appeals his conviction for assault and battery of a high and aggravated nature, arguing the trial judge erred in refusing to grant him a new trial or in the alternative to impanel the jury, after being presented with affidavits alleging juror misconduct.

Thursday, April 8, 2004
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
12236   Michelle Burnell, Appellant v. John Burnell, Respondent.

Veronica G. Small, of Charleston, for Appellant. Jennifer Lee North, of Sullivan's Island, for Respondent.

In this domestic action, the family court found mother in contempt for failing to consult father about the change in their child's daycare, failing to advise father of taking the child with her to Maryland, failing to inform father of the child's medical and dental appointments, and failing to inform father of her current address and phone number. Mother was sentenced to one year incarceration, but could purge herself upon payment of $2000 to father for his attorney's fees. Mother appeals, arguing the conduct complained of occurred prior to the filing of a written order and that any failure on her part to consult with father resulted from father's refusal to speak with her. Mother further argues the trial court abused its discretion by imposing upon her a criminal contempt sanction.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
12307   The Estate of Rosemary C. Sherman, by and through its personal representative, Terry Maddock, Appellant v. The Estate of Norman E. Sherman, by and through its personal representative, Joan Snodgrass, Respondent.

G. Richardson Wieters, of Hilton Head Island, and Catherine West Olivetti, of Bluffton, for Appellant. Jay A. Mullinax, of Hilton Head Island, and Deborah Ann Malphrus, of Ridgeland, for Respondent.

This appeal arises from a declaratory judgment action in which the master-in-equity upheld the validity of a 1985 deed that purported to convey a joint tenancy with rights of survivorship from Wife to Wife and Husband without having used a "straw man." The appellant argues that in 1985 the common law required a "straw man" to effectively convey a joint tenancy and observe the four unities of time, title, interest, and possession. Appellant also argues that S.C. Code Ann. Section 62-2-804 (1987 and Supp. 2003) is in conflict with S.C. Code Ann. Section 27-7-40 (1997 and Supp. 2003) and does not apply retroactively to permit the conveyance of a joint tenancy with rights of survivorship without the use of a "straw man."

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
12276   John A. Hardin and Martha Hardin Curran, as Trustees of Marital Trust 2 under the will of Martha S. Hardin, Deceased, Respondents v. The South Carolina Department of Transportation, Appellant.

Beacham O. Brooker, Jr., of Columbia, for Appellant. David A. White, of Rock Hill, for Respondents.

In this civil action, the court analyzes whether the circuit court judge erred in ruling that respondents are entitled to just compensation for the loss in value of properties caused by the closing of two roads at an intersection. Additionally, the court analyzes the efficacy of Gray v. S.C. Dept. of Highways and Public Transportation, 311 S.C. 144, 427 S.E.2d 899 (Ct.App. 1993).

Wednesday, April 21, 2004
Courtroom I
(Court convenes at 2:00 p.m.)
 2:00 p.m.           En Banc (Time Limits: 10 - 10 - 5)  
12468   The State, Respondent v. Carla D. Taylor, Appellant.

Jeffrey Falkner Wilkes, of Greenville, for Appellant. Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia, and Solicitor Robert M. Ariail, of Greenville, for Respondent.

This case involves whether illegal drugs are admissible at trial, where the chain of custody evidence does not include the testimony of an intervening evidence room custodian. The State has been granted permission to argue against the precedent as established by State v. Chisolm, 355 S.C. 175, 584 S.E.2d 401 (Ct. App. 2003)(cert. pending).

Tuesday, April 6, 2004
Courtroom II
(Court convenes at 2:00 p.m.)
 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
11981   Janet B. Agnew, Employee, Appellant, v. Spartanburg County School District No. 3, Employer, and South Carolina School Board Insurance Trust, Carrier, Respondents.

Andrew Nathan Safran, of Columbia, for Appellant. Michael A. Farry and David A. Wilson, both of Greenville, for Respondents.

In this workers' compensation case, the worker appeals the fnding by the Workers' Compensation Commission that she was not permanently and totally disabled. The worker argues: (1) the circuit court erred in affirming the Commission's finding where it was not based on express findings regarding the material facts; and (2) the circuit court erred in failing to conclude the only reasonable inference from the evidence in the record was that she was permanently and totally disabled.

Wednesday, April 7, 2004
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
12265   WDI Meredith & Company, Appellant, v. American Telesis, Inc., d/b/a American Telesis, Respondent.

Jack Meredith, pro se, of Hilton Head, for Appellant. S. Jahue Moore and M. Ronald McMahan, Jr., of West Columbia, for Respondent.

This appeal questions whether a fifty percent shareholder who was an officer and active participant in a corporation had the authority to enter into a specific contract.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
12226   N. David DuRant, Appellant v. South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, Brookgreen Gardens, and South Carolina Department of Parks, Recreation, and Tourism, Respondents.

Connie C. Harness, III, of Mt. Pleasant, for Appellant. Leslie West Stidham, of Charleston, for Respondent South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management; Betty J. Willoughby, of Columbia, for Respondent South Carolina Department of Parks, Recreation, and Tourism; and M. Craig Garner, Jr., of Columbia, for Respondent Brookgreen Gardens.

This adminstrative appeal involves the denial of a permit to construct a private dock. Appellant asserts the circuit court erred in finding the Respondents' failure to follow the proper procedure violated his constitutional rights of Due Process and Equal Protection.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
12227   E. Hathaway Construction, Inc., Respondent v. David Eli aka David Eliyahu, Four Seasons, Rebecca Shirley, David L. Shirley and the Shirley Family Limited Partnership, Of Whom David Eli, a/k/a David Eliyahu, Four Seasons is the, Appellant.

John M. Leiter, of Myrtle Beach, for Appellant. Norwood David DuRant, of Surfside Beach, for Respondent.

This is an appeal from an action for breach of an oral construction contract and foreclosure of a mechanic's lien.

Thursday, April 8, 2004
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
12091   The State, Respondent v. Robert Orlando Hill, Appellant.

Deputy Chief Attorney Joseph L. Savitz, III, of Columbia, and Ernest Charles Grose, Jr., of Greenwood, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia, and Solicitor William Townes Jones, of Greenwood, for Respondent.

The issues are whether the prosecution committed reversible error by commenting upon defendant's post-arrest silence and whether the trial court should have charged a specifically requested self-defense instruction.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
12114   Jose and Cynthia Hernandez, Appellants, v. Town of Mt. Pleasant Board of Zoning Appeals et al, Respondents.

Thomas R. Goldstein, of Charleston, for Appellants. R. Allen Young, of Mt. Pleasant, and Frances I. Cantwell, of Charleston, for Respondent.

Jose and Cynthia Hernandez seek permission to subdivide their property to create a roughly triangular shaped lot, which would be classified as a flag lot under the Town of Mount Pleasant's zoning ordinance. A flag lot is one failing to meet the minimum lot width for the applicable zoning district, as measured at the front yard setback building line. The circuit court affirmed the Town's Board of Zoning Appeal's denial of their request for a variance.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
12141   Mary Eskew Rowell, Respondent, v. Arthur H. Whisnant, Jr., Judith H. Whisnant, Standard Savings & Loan Association, First Palmetto State Bank and Trust Company, Robert L. Wolston and Richland County Treasurer, Defendants, of whom Arthur H. Whisnant and Judith H. Whisnant are Appellants.

Timothy G. Quinn, of Columbia, for Appellants. Melvin Dean Bannister, and John S. Nichols, both of Columbia, for Respondent.

This case poses the question whether attorney's fees can be awarded to the holder of a note and mortgage in a foreclosure case when the foreclosure is denied.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
12297   South Carolina Uninsured Employer's Fund, Respondent, v. Roy R. House, Claimant, and Jack Clark and Vaughn Homes, Inc. and/or Jack Clark Constructions and Travelers/Zurich, Defendants, of whom Roy R. House is Respondent and Vaughn Homes, Inc. is Appellant.

Kirsten Leslie Barr, of Mt. Pleasant, for Appellant. Edgar W. Dickson, of Orangeburg, for Respondent South Carolina Uninsured Employer's Fund.

This case questions the correct construction of S.C. Code Ann. Section 42-1-415, the statute detailing the conditions under which an employer may seek reimbursement from the Uninsured Employer's Fund.

Cases to be Submitted Without Oral Argument
12031    D. Ann Jennings, Appellant v. William B. Jennings, Respondent.

12092    Joseph R. Allsbrook, Jr. and Russell Allsbrook, Appellants v. Horry County, A Body Politic, Billy V. Roberts and Roy C. Roberts, Respondents.

12118    Hugh McIntyre Smith, Respondent v. Mary Elizabeth Dixon Smith, Appellant.

12127    Edward D. Sloan, Jr., individually, and as a Citizen, Resident, Taxpayer and Registered Elector of Greenville County, Appellant v. Greenville County, a Political Subdivision of the State of South Carolina, Dozier Brooks, Scott Case, Bob Cook, Joseph Dill, Cort Flint, Lottie Gibson, Phyllis Henderson, Allen "Bunk" Johnson, Mark Kingsbury, Xanthene Norris, Stephen Selby, and Robert Taylor, Respondents.

12140    Ex Parte: Gene Frye Bail Bonds, Appellant In Re: The State, Respondent, v. Robert Husted, Defendant.

12198    John Doe, individually, and as Guardian for his minor child, James Doe and Jason Doe, individually and on behalf of all others similarly situated, Appellants v. Merle Batson, Respondent.

12208    Woodrow Wilson Brown, Appellant v. Joseph Wilson Brown and Town of Harleyville, Respondents.

12213    Robert Hoisington, Appellant v. Douglas W. MacNeille, Keri A. Jordan, Ruth & MacNeille, P.A., William A. Ruth, and Michael G. Olivetti, Respondents.

12222    The State, Respondent v. Christopher Clarke Horton, Appellant.

12231    Sharon B. Roberson, Respondent v. Willie Joe Roberson, Appellant.

12233    RoTec Services, Inc., Respondent v. Encompass Services, Inc., Appellant.

12240    Beachside Real Estate, Inc., Respondent v. John Y. Dong, Danher Dong, also known as Danher W. Wang, and Jianyun Y. Dong, Defendants and Third-Party Plaintiffs, of whom John Y. Dong and Danher Dong, also known as Danher W. Wang are Appellants v. Dick Hargett, Respondent.

12243    Leo Gefre and Ellen Gefre, Appellants v. Donald Skelton and Robert Skelton d/b/a Creative Candles, Defendants/Third Party Plaintiffs, v. Travelers Property and Casualty Insurance Company and Charter Oak Fire Insurance Company, Third Party Defendants, Of Whom Donald Skelton and Robert Skelton d/b/a/ Creative Candles are the, Respondents.

12246    The State, Respondent v. Chad E. Smith, Appellant.

12251    William L. Cline, Respondent v. J.E. Faulkner Homes, Inc., Mascot Homes, Inc., and Modular Home Sets, Inc., Defendants, of whom Modular Home Sets, Inc., is Appellant.

12261    Randall J. Trost, Respondent v. Sea Mark Tower Property Owners Association, Inc., and The Noble Company of Myrtle Beach, Defendants,of whom Sea Mark Tower Property Owners Association, Inc., is Appellant.

12263    Charleston, S.C. Registry for Golf & Tourism, Inc., a/k/a Charleston Registry for Golf and Tourism, Inc., Calvin Stone, and Martin James Barrier, Appellants v. Young Clement Rivers & Tisdale, LLP, Respondent.

12278    Paul C. Small and Joselene S. Small, Plaintiffs, v. Nicole C. Piper, Defendant, Nicole D. Kane Piper f/k/a Nicole Denise Weaver, Plaintiff, v. Robert Eugene Weaver and Joselene S. Small, Defendants, and Joselene S. Small, Cross-Plaintiff, v. Curtis Piper, Cross-Defendant,Of Whom Joselene S. Small is the Appellant and Nicole C. Piper and Curtis Piper are the Respondents.

12280    Shapemasters Golf Course Builders, Inc., James Michael Harbin, Joseph Cagle and Benton Marc Burger, Respondents v. Shapemasters, Inc., Jeffrey Stein and Lilly Jayawant a/k/a Lilly Stein, Appellants.

12291    David A. Wynn, Appellant v. Harriet D. Wynn, Respondent, v. James L. Wynn, Cross Defendant.

12292    Lucy J. Reuben, PhD and Dr. John A. Cole, Respondents, v. Palmetto Traditional Homes, L.L.C. and Home Buyers Warranty Corporation, Defendants, of whom Palmetto Traditional Homes, L.L. C. is, Appellant.

12296    James E. Knight, Jr., and Frederick Zeigler, Appellants v. Jene Marie Waggoner, Respondent.

12316    The State, Respondent v. Ravin L. Johnson, Appellant.