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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.
Monday, April 4, 2005
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
13433   The State, Respondent, v. Vincent Boseman, Appellant.

Assistant Appellate Defender Tara S. Taggart, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent.

Vincent Boseman appeals from his convictions for armed robbery, simple assault, and resisting arrest, arguing the trial court committed reversible error by incorporating into this retrial the pretrial proceedings and rulings that occurred during Boseman's previous trial on these charges.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
13143   R. Carlisle Roddey, Respondent v. NationsWaste, Inc., and James Thomas Funderburk, Jr., Defendants, of whom NationsWaste, Inc. is, Appellant.

Evans Taylor Barnette and L. Susan Foxworth, of Columbia, for Appellant. Joel W. Collins and Eric G. Fosmire, of Columbia, for Respondent.

NationsWaster and James Thomas Funderburk, Jr., appeal from the jury's verdicts in favor of R. Carlisle Roddey on his claims for civil conspiracy against both appellants, abuse of process and unfair trade practices act violation against NationsWaste, and mailcious prosecution, defamation/slander per se, and tortious interference with prospective economic advantage against Funderburk.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
13234   Shamrock Entertainment Corp., Inc., Appellant v. The Beach Market, L.L.C. and Lara Development Company, Inc., Respondents.

Robert V. Mathison, Jr., of Hilton Head Island, for Appellant. Terry A. Finger, of Hilton Head Island, for Respondent The Beach Market, L.L.C. R. Nicholas Felix, of Hilton Head Island, for Respondent Lara Development Company, Inc.

This suit addresses the construction of the terms of a lease as it relates to the use of a pedestrian area outside of a restaurant that is the subject of the lease. It also involves injunctive relief and whether the lessor is barred from prohibiting certain uses that were permitted by the prior lessor.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
13341   Barry Rosenblum, Appellant/Respondent v. Michael and Gale Carbone, and Doug Muraglia, Nick Rini and Fedfirst Mortgage Corporation and Laurich & Deeb, P.A., as Escrow Agent, and Suntrust Mortgage Corporation, Defendants, of whom, Nick Rini, Suntrust Mortgage Corporation and Doug Muraglia, are, Respondents/Appellants and Michael and Gale Carbone, and FedFirst Mortgage Corporation, are, Respondents.

Capers G. Barr, III, Charleston, and Gregory Milam Alford, of Hilton Head Island, for Appellant-Respondent. Charles H. Gibbes, Jr., of Charleston, for Respondents-Appellants Nick Rini and SunTrust Mortgage Corp.; Gale Carbone, of South Belmar, NJ, pro se; Thomas Holloway, of Beaufort, for Respondent-Appellant Doug Muraglia; Ralph E. Tupper, of Beaufort, for Respondent FedFirst Mortgage Corporation.

The special referee denied Rosenblum's request to subordinate the interests of other parties to a mortgage granted to Rosenblum by the Carbones and to foreclose the mortgage, finding Rini was an innocent purchaser for value without notice of any claim by Rosenblum. In addition, the referee ruled that Muraglia conspired with the Carbones to cheat Rosenblum and granted judgment in favor of Rosenblum for $269,500. Rosenblum appeals the denial of his foreclosure action. Muraglia appeals the judgment against him for civil conspiracy, arguing among other grounds that Rosenblum's action against him was barred by res judicata, collateral estoppel, and judicial estoppel, and that the special referee lacked subject matter jurisdiction and personal jurisdiction. Rini also appealed, seeking only to preserve a cross-claim against Muraglia in case of reversal by this court in Rosenblum's appeal.

 2:00 p.m. (Time Limits: 10 - 10 - 5)  
13319   The State, Respondent v. James A. Summersett, 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 Assistant Attorney General Melody J. Brown, of Columbia, and Solicitor Ralph E. Hoisington, of Charleston, for Respondent.

Summersett appeals his conviction for murder and possession of a firearm during the commission of a violent crime, arguing the trial court erred in several of its evidentiary rulings.

 2:45 p.m. (Time Limits: 10-10-5 )  
13274   Fellicia Maxwell, Appellant v. South Carolina Department of Transportation, Respondent.

Bert Glenn Utsey, III, of Walterboro, for Appellant. Peden B. McLeod, of Walterboro, and Andrew F. Lindemann, of Columbia, for Respondent.

This appeal concerns a challenge to the exercise of preemptory strikes in jury selection pursuant to Batson v. Kentucky.

Tuesday, April 5, 2005
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
13040   Alan D. Anderson, Robert and Diane Ressler, William Todt, Thomas A. Brooks, Juliana S. Calhoun, Robin and Keith Lee, Donald J. and Michele B. Hatcher, Philip D. and Jean F. Landfried, Appellants/Respondents v. Hank and Linda Buonforte, Respondents/Appellants.

John S. Keffer, of Sumter, for Appellants-Respondents. Michael E. Kozlarek, of Columbia, for Respondents-Appellants.

This appeal arises from an order from a special referee requiring the Buonfortes to remove their garage, to change the gabled entrance to the mother-in-law wing of their home, and to pay for all the court costs and fees. After initially affirming the special referee's order in an unpublished opinion, our court granted the Buonfortes' petition for rehearing.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
13371   The State, Respondent v. Jerry Marvin Galbreath, 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, of Columbia, and Solicitor Druanne Dykes White, of Anderson, for Respondent.

Galbreath appeals his convictions for murder and possession of a firearm. He argues the trial court erred by (1) failing to grant his motion for a directed verdict and (2) by permitting the State to allow its reply witness to testify about Galbreath's statement to the police.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
13362   Diane Panther, Appellant v. Joseph H. Panther, Ron Avenger (Sic), Michael Catto, individually and as agent of Catto Enterprises, Inc., Phillip Catto, individually and as agent of Catto Enterprises, Inc., Catto Enterprises and Carolina Southern Bank, Respondents.

J. Michael Turner, of Laurens, for Appellant. H. Michael Spivey, of Mauldin, for Respondent Joseph Panther. Ron Avinger, of Woodruff, for Respondent Ron Avenger, pro se. Michael N. Duncan, for Respondents Michael Catto, Phillip Catto, and Catto Enterprises, Inc. Steven Michael Querin and Matthew E. Cox, of Spartanburg, for Respondent Carolina Southern Bank.

This case concerns a real estate transaction. On appeal, we must decide whether the trial court erred in holding (1) the Appellant was not entitled to judgment against Respondents under a theory of civil conspiracy; and (2) the Appellant was not entitled to a constructive trust being imposed on the subject property. We are also asked to consider whether these claims are barred under the theories of res judicata and collateral estoppel.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
13338   Heyward O. Keith, Plaintiff v. River Consulting, Inc., A.J. Concrete Pumping, LLC, Edward Helman and Schwing America, Inc., Defendants, and A.J. Concrete Pumping, LLC, Appellant, v. Hightower Construction Company, Inc., Respondent.

Timothy Alan Domin, of Charleston, for Appellant. Michael S. Fahnestock, of Charleston, for Respondent.

In this civil ction, the court determines the efficacy of an indemnification clause appearing on the reverse side of a "job ticket" signed subsequent to the job's completion.

Monday, April 4, 2005
Courtroom II
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
13367   Historic Charleston Holdings, LLC, Respondent v. Gerard Mallon, Dixie Holdings, LLC, and Dixie Developers, LLC, Defendants, Of whom Gerard Mallon is the Appellant.

Deborah Harrison Sheffield, of Columbia, for Appellant. Charles P. Summerall, IV, of Charleston, for Respondent.

This case involves the winding up of the affairs of a limited liability corporation. Mallon appeals the master-in-equity's order, arguing the master erred in: (1) limiting the scope of the action to one property owned by the LLC and not ordering an accounting; (2) granting Historic Charleston one-half of the proceeds from the sale of one property; (3) finding Mallon improperly disassociated from the LLC; (4) excluding evidence of Historic Charleston's self-dealing and misappropriation of funds; (5) awarding prejudgment interest where the amount due was not liquidated; and (6) awarding attorney's fees and costs.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
13365   Nataliya Holler, Respondent v. William Holler, Appellant.

William Holler, of Rock Hill, Appellant pro se. David Bradley Jordan, of Rock Hill, and Harold A. Oberman, of Charleston, for Respondent.

In this domestic relations case, the court analyzes the efficacy of a prenuptial agreement involving a citizen of the Ukraine (wife) and a citizen of the United States (husband). The family court concluded the prenuptial agreement was invalid, unenforceable, and unconscionable.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
13472   The State, Respondent v. Phillip Wayne Preslar, Appellant.

Assistant Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General David A. Spencer, of Columbia, and Solicitor Thomas E. Pope, of York, for Respondent.

In this criminal case, appellant was convicted of two counts of intimidation of a witness. The charges of intimidation of a witness stemmed from appellant's writing letters from jail asking his daughter not to proceed with twelve counts of criminal sexual conduct charges. At trial, the circuit judge allowed only one of the criminal sexual conduct charges to be submitted to the jury. Appellant alleges error because this evidence placed his character in issue. The State avers that the underlying criminal sexual conduct charge was a part of the res gestae.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
13314   Shirley Towne, Appellant v. State Farm Mutual Automobile Insurance Company, State Farm Fire and Casualty Company, Hank Gaddis, Bernard Stanley, and Clean It, Inc., d/b/a Pro Clean, Defendants, of whom State Farm Fire and Casualty Company is the Respondent.

Todd Raymond Ellis, of Columbia, for Appellant. Robert McKenzie, and Gary H. Johnson, II, of Columbia, for Respondent.

Towne appeals, arguing the trial court erred in granting State Farm's JNOV motion because Towne was not judicially estopped from asserting at trial that the vehicle that caused her injuries was a "non-owned" vehicle under the State Farm policy.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
13047   Larry Wayne Pressley and Linda Pressley, Appellants v. Jason Keith Blackwell, Respondent.

Charles T. Deal, of Clemson, for Appellants. Edward R. Cole, of Spartanburg, for Respondent.

Involves both a question as to the adequacy of a notice of a motion hearing and a statute of limitations issue.

Tuesday, April 5, 2005
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
13359   Kenneth A. Marshall, Vol-World, LLC, and Springerland, Inc., Respondents v. John W. Pence, Jerry B. Massey, Planets Edge, Inc., Joseph Hickman and Annie Hickman, Defendants, Of whom John W. Pence, Jerry B. Massey, and Planets Edge, Inc. are the Appellants.

William B. Jung, of Mt. Pleasant, for Appellants. Saul Gliserman, and O. Grady Query, of Charleston, for Respondents.

Appellants argue the trial court erred in granting a preliminary injunction that removed Appellants from possession and occupancy of their business leasehold and awarded possession of those premises to Respondents because (1) the Appellants were in actual possession of the building and had possession under color of right and (2) the decision to vacate the Appellants' lease was a legal issue for a jury's consideration and determination.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
13394   Russell Taylor d/b/a Palmetto Steel Construction, and Dana Rawl, Respondents v. Master Construction Company, Inc., Appellant.

F. Barron Grier, III, of West Columbia, for Appellant. John F. Hardaway, of Columbia, for Respondent Russell Taylor d/b/a Palmetto Steel Construction. Daryl G. Hawkins, of Columbia, for Respondent Dana Rawls.

In this negligence and breach of contract case, Master Construction Company, Inc. appeals, arguing the trial court erred by (1) failing to dismiss the action based on the statute of limitations, (2) refusing to allow appellant's witness to testify, (3) directing a verdict of liability against appellant, and (4) denying appellant's motion to amend the pleadings.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
13353   The State, Respondent v. Chandrell Hiawatha Williams, Appellant.

James W. Bannister, of Greenville, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General David Spencer, of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

Williams appeals his convictions for trafficking in crack cocaine and possession of a firearm, arguing the trial court erred in: (1) trying him in absentia because he did not knowingly waive his right to be present at trial; (2) using Williams' uncounseled guility plea to a misdemeanor offense to enhance his sentence in violation of Alabama v. Shelton, 535 U.S. 654 (2002); and (3) sentencing him to trafficking second offense because the indictment only alleged trafficking first offense.

Cases to be Submitted Without Oral Argument
13282    The State, Respondent v. Raymond Sebold, Appellant.

13284    The State, Respondent v. Sylvester Wilder, Appellant.

13294    The State, Respondent v. William Dean Burden, Appellant.

13295    The State, Respondent v. Travis L. Graham, Appellant.

13296    The State, Respondent v. Alton Adams, Appellant.

13310    Edna M. Evans, Respondent v. Willie Anderson (deceased), Rosa Cureton (deceased), Matilda James (deceased), Brown Anderson (deceased), Fred Anderson (deceased), Alvin Anderson (deceased), Lenzy Anderson (deceased), Curtis Anderson (deceased), Polly Kay (deceased), Henry Anderson, Jr., (deceased), Carrie Anderson (deceased), Lorene Osborne (deceased), Willie Anderson, Jr., Leonard S. Anderson, Ronald B. Anderson, Willie Cureton (deceased), Rita Cureton McCorkle (deceased), Peggy McCorkle Lewis, Dollie McCorkle Sims, Brenda McCorkle Thomas, Rita McCorkle Reid, Gloria McCorkle Smith, Leroy James, Eddie R. Armstrong, William B. James, Henry Brown Anderson, James Anderson, Alma Lee Jones, Barbara "Jean" Anderson, Paul D. Anderson, Elizabeth Johnson, Hattie V. Harry, Titus Anderson, Gwendolyn Illena Anderson (deceased), Bernice Cunningham (deceased), Mary E. Brown (deceased), Timothy Anderson (deceased), Mildred Anderson, Eugene Cunningham, David Henry Cunningham, Paul Michael Cunningham, Irma Lee Cunningham, James Edward Cunningham, Sandra Walker, Eddie Frank Cunningham, Alma Illena Cunningham, Gwendolyn Cherry, Bernettie Benton, Gaynell Buttram, aka Gaynell Foust, Maurice Buttram (deceased), Edwin Lee Buttram, Patrick Buttram, Jimmy Louis Buttram, Gary Alex Buttram, Esther LaVern Carter (deceased), Gregory Carter, Mark Christopher Buttram (deceased), Sharon Buttram, aka Sharon May, Sheila Buttram, aka Sheila Ruth Davis, Randy Cleotha Miller, aka Randy Buttram, Samuel Anderson, James Anderson (deceased), Jamerza Yip, Philistine Jones, Ronald Anderson, Patricia L. Anderson Hatch, Carolyn Rouse, Mattie L. Rouse (deceased), Mona V. Simms, Alvah Leroy Martin, Jr., Moffett Martin (deceased), Dorothy M. Martin (deceased), Henry W. Anderson, Sr., Carrie H. Johnson, Evelyn A. Grimes, Doris Jeanette Anderson Middlebrook (deceased), Robert H. Middlebrook, Sr., (deceased), Robert H. Middlebrook, Jr., Garret Lavoid Middlebrook, Edwin E. Middlebrook, Krystal P. Middlebrook Meade, El Juan Middlebrook, James R. Anderson, Charles Anderson, Michael Anderson, Brian Anderson, Angela Anderson, Audrey Anderson, James Harold Anderson (deceased), Carrie Harling, aka Carrie Daisy Kay, Rachel Anderson, Inez Anderson, Karen Renee Osborne, and Donna Bradley and also all other persons who may be entitled to claim under or through (named the deceased) Defendants, or any of the above-named Defendants who may be deceased, and also other persons unknown claiming any right, title, estate, interest in, or lien upon the real estate described in the Complaint herein, any unknown adult Defendants being designated as a class John Doe, and any unknown Defendants under any disability or in the military service of the United States of America being designated as a class Richard Roe, Defendants, Of whom Edwin E. Middlebrook is the Appellant.

13311    Helen L. Fleshman, as Personal Representative of the Estate of James G. Fleshman, Appellant v. Trilogy and CarOrder.com, Respondents.

13315    Willie Settles, Appellant v. National Textiles, LLC, and Kemper Insurance Company, Inc., Respondents.

13316    South Carolina Department of Social Services, Respondent, v. Cynthia Goethe Norman, Maurice Carter and John Doe, and CHILD: Justice Renee Goethe DOB: July 2, 2001 CHILD: Justin Elijah Goethe DOB: July 2, 2001, Defendants, of whom Cynthia Goethe Norman is the Appellant.

13321    The State,Respondent v. Kobe Carter, Appellant.

13325    Janice Watkins Hyatt, Respondent v. Willard Hyatt, Appellant.

13327    Dana Rice Ramsey, Respondent-Appellant, v. Russell Wayne Ramsey, Appellant-Respondent.

13332    Tony J. Ashy, Appellant v. ACHI Investments, LLC and Ramon J. Ashy, Jr., Respondents.

13335    James L. Young, Appellant v. City of Spartanburg, Respondent.

13339    Willie B. Morrison, Appellant v. State of South Carolina, Respondent.

13345    The State, Respondent v. Brooke A. Jewell, Appellant.

13346    The State, Respondent v. Andre Hosea Crawford, Appellant.

13347    The State, Respondent v. Rodney Andrew Haymon, Appellant.

13348    The State, Respondent v. Kiwuan Copeland, Appellant.

13349    The State, Respondent v. Julius David Weathers, Appellant.

13352    The State, Respondent v. Nicholas Vieria, Appellant.

13360    Dorothy J. Mabe, Respondent v. Larry Mabe, Appellant.

13363    Insulation Supply Company, Inc., Respondent v. Anderson Area Medical Center, Inc., Appellant.

13366    Charles H. Powers, Respondent v. William O. Graham, Appellant.

13373    The State, Respondent v. Steven Gary Cisson, Appellant.

13374    The State, Respondent v. Emory Jenkins, Appellant.

13375    The State, Respondent v. Nathaniel Kennedy, Appellant.

13376    The State, Respondent v. Jeff Bailey, Appellant.

13377    The State, Respondent v. Yolanda Goodson, Appellant.

13379    The State, Respondent v. Akisha S. Cornwell, Appellant.

13380    The State, Respondent v. Daniel Gaynor, Appellant.

13383    The State, Respondent v. Tyrone Robinson, Appellant.

13384    The State, Respondent v. Russell Montgomery, Appellant.

13385    The State, Respondent v. Stacey Lee Morris, Appellant.

13386    The State, Respondent v. Danny Ray Stephens, Appellant.

13387    The State, Respondent v. Quancy Christopher McNeil, Appellant.

13388    The State, Respondent v. Wallace Priester, Appellant.

13389    The State, Respondent v. Derrick B. Woods, Appellant.

13390    The State, Respondent v. Horace Rodney Bell, Appellant.

13391    The State, Respondent v. Steven Lewis Brown, Appellant.

13393    The State, Respondent v. Kenneth J. Huffstetler, Appellant.

13401    Dennis Fassuliotis, Appellant v. Maureen Fassuliotis, Respondent.

13407    A.S., a high school student in Greenville County, and her Parents, Respondents v. School District of Greenville County, Appellant.

13412    The State, Respondent v. Joey Hicks, Appellant.

13413    The State, Respondent v. Telly R. Johnson, Appellant.

13415    The State, Respondent v. John Westly Harrison, II, Appellant.

13416    The State, Respondent v. Stanley Melvin Hall, Appellant.

13417    The State, Respondent v. John F. Sebastian, Appellant.

13418    The State, Respondent v. Michael Miller, Appellant.

13419    The State, Respondent v. Anne Marie Massey, Appellant.

13420    The State, Respondent v. Thorpe Shatney, Appellant.

13421    The State, Respondent v. Jimmy Wilson, Appellant.

13422    The State, Respondent v. Randall Scott Tyler, Appellant.

13425    The State, Respondent v. Conrad Lamont Slocumb, Appellant.

13426    The State, Respondent v. Weldon W. Stewart, Jr., Appellant.

13427    The State, Respondent v. Terry Demetrics Webb, Appellant.

13429    The State, Respondent v. Zachary T. Jenkins, Appellant.

13430    The State, Respondent v. Sherwood Adams, Appellant.

13434    The State, Respondent v. Jermaine Jackson, Appellant.

13438    The State, Appellant v. Timothy Irvin, Respondent.