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April 2008 |
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, April 8, 2008 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
15791 Mathesoya Management Corporation, Respondent, v. Clifford Danny Taylor, Appellant. R. Thayer Rivers, Jr., of Ridgeland, for Appellant. Drew A. Laughlin, of Hilton Head, for Respondent. Taylor appeals the Master in Equity's order which granted damages to Mathesoya arising from a landlord-tenant relationship between the parties.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15758 Vortex Sports & Entertainment, Inc., Respondent/Appellant, v. R. David Ware; Ware & Associates, Inc.; Constangy, Brooks & Smith, L.L.C.; and CSMG, Inc., Defendants, of whom: CSMG, Inc., is the Appellant/Respondent. Frank R. Ellerbe, III, and Rachel G. Peavy, of Columbia, for Appellant-Respondent; Robert S. Markin, Sonya D. Naar and Steven Hunter, of Chicago, for Appellant-Respondent. A. Camden Lewis, Keith M. Babcock, and Ariail E. King, of Columbia, for Respondent-Appellant. These cross appeals arise from the circuit court's ruling in a case which centered on breach of fiduciary duties in a sports marketing agency.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15857 The State, Respondent, v. Hercules E. Mitchell, Appellant. Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, 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 S. Creighton Waters,of Columbia, and Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent. Mitchell appeals his convictions for murder, attempted armed robbery, and possession of a weapon during the commission of a violent crime, arguing (1) the trial judge erred in allowing the statement of an alleged accomplice who, though called as a witness, refused to testify; and (2) the trial judge should have allowed evidence, including telephone books, suggesting there were individuals with names similar to that of the person who the alleged accomplice and the State's "star" witness initially told police was their accomplice in the crime.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
15823 The State, Respondent, v. Keith Anthony Sims, Appellant. Chief Attorney Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, 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 Office of the Attorney General, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent. In this criminal appeal, Appellant argues the trial judge committed reversible error by allowing a State's witness to relate that a non-testifying third-party told her "Keith had murdered somebody," since this evidence violated Rule 802, SCRE, the rule against hearsay. The Respondent couches the issue on appeal in different verbiage: whether the trial judge properly allowed one co-conspirator to testify to another co-conspirator's statement relating Appellant's own statement of guilt when such statement was calculated to induce participation in the joint effort to dispose of the victim's body, the gun, and other evidence of murder; thus, was not hearsay, but relevant and strongly probative evidence in the Appellant's murder trial.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
15752 Eddie J. Posey and Belinda Posey, Appellants, v. Proper Mold & Engineering, Inc., Autegra, Inc., and Tyge Dremann, Respondents. John Robert Peace, of Greenville, for Appellants. Kurt M. Rozelsky and Zandra L. Johnson, of Greenville, for Respondents. In this civil action, Appellants posit issues on appeal as to whether the circuit court erred: (1) in concluding that Proper Mold was the "statutory employer" of a common carrier's employee truck driver; (2) in concluding that Eddie Posey was engaged in Proper Mold's "general trade, business, or occupation"; (3) by granting Proper Mold's Motion to Dismiss before considering Posey's Motion to Compel Discovery; and (4) by granting Proper Mold's Rule 12(b)(1) Motion to Dismiss for lack of jurisdiction over the subject matter.
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2:45 p.m. Amicus Curiae will be given ten minutes of argument time | (Time Limits: 10 - 10 - 5 ) |
15761 Thomas R. Wieters, M.D., Respondent, v. Bon-Secours-St. Francis Xavier Hospital, Inc., Allen P. Carroll, William B. Ellison, Jr., Jeffrey M. Deal, M.D., Sharron C. Kelley, and Esther Lerman Freeman, Psy. D., Defendants, of whom: Bon-Secours-St. Francis Xavier Hospital, Allen P. Carroll, William B. Ellison, Jr., Jeffrey M. Deal, M.D., and Sharron C. Kelley are Appellants. James J. Hinchey, Jr., of Charleston, for Appellants. Gregg E. Meyers, of Charleston, for Respondent. Ralph W. Barbier and Jeanne M. Born, of Columbia, for Amicus Curiae South Carolina Hospital Association. In this civil action, Appellants contend the trial court incorrectly ordered the hospital defendants to produce protected peer review information. Respondent avers the court should decline jurisdiction to hear this appeal from a discovery order. Further, Respondent argues that assuming the discovery order is immediately appealable, the issue has been waived. Finally, Respondent states: (1) the information sought is not confidential; (2) the information sought does not concern peer review; and (3) the "original source" issue is inapplicable.
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Wednesday, April 9, 2008 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
15749 Quail Hill, LLC, Appellant, v. County of Richland, South Carolina, Respondent. Clifford O. Koon, Paul D. de Holczer, and Robert L. Brown, of Columbia, for Appellant. Andrew F. Lindemann, William H. Davidson, and Michael Wren, of Columbia, for Respondent. In this zoning dispute, Quail Hill, LLC, appeals the circuit court's order granting summary judgment to Richland County on its action for an equitable determination and order requiring Richland County to amend its official zoning map to conform to a prior Planning Commission decision. Quail Hill alleges causes of action for equitable estoppel, negligence, negligent misrepresentation, and inverse condemnation.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15760 Gloria and Johnnie Wright, Appellants, v. South Carolina Department of Social Services, Respondent. Michele R. Krize, of Florence, for Appellants. Delton W. Powers, Jr., of Bennettsville, for Respondent. Foster parents Gloria and Johnnie Wright appeal the Fair Hearing Committee's finding that the South Carolina Department of Social Services did not violate the Wrights' due process rights by removing the Wrights' foster child from their home.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15793 Hallmark Marketing Corporation, Respondent, v. Zimeri, Inc., and Antonio Zimeri, June Zimeri, Walter Zimeri and Diana Zimeri, Appellants. T.S. Stern, Jr., of Greenville, for Appellants. Chris Gantt-Sorenson and W. Francis Marion, Jr., of Greenville, for Respondent. Zimeri, Inc. appeals the trial court's dismissal of its counterclaims for breach of contract and violation of the South Carolina Unfair Trade Practices Act. Zimeri contends the trial court erred in granting Hallmark's motion to dismiss because the motion was untimely and the court based its decision upon facts not alleged in Hallmark's complaint.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
15715 Melissa Burrell Cline, Appellant, v. Thomas A. Cline, Respondent. O.W. Bannister, of Greenville, for Appellant. David Michael Collins, Jr., of Spartanburg, for Respondent. In this domestic action, Wife appeals the family court's order and divorce decree claiming: (1) the family court erred in holding the repayment of marital debt did not include interest; (2) the family court erred in finding that 1.1 acres of nonmarital property had been transmuted into marital property; and (3) the family court abused its discretion in denying Wife alimony.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
15824 Shawn M. Swicegood, Respondent, v. Leon Lott, in his official capacity as Sheriff of Richland County, Appellant. Andrew F. Lindemann, Robert D. Garfield, and William H. Davidson, II, of Columbia, for Appellant. S. Jahue Moore, of West Columbia, for Respondent. In this abuse of process action, Lott, in his capacity as Richland County Sheriff, appeals a jury verdict awarding actual damages of $150,000 to former deputy sheriff, Shawn Swicegood. Lott alleges: (1) under the Tort Claims Act, he is entitled to sovereign immunity; (2) there is no causal connection between Lott's abuse of process and Swicegood's damages, and that entitles him to judgment as a matter of law; (3) an incorrect and confusing jury charge entitles him to a new trial; and (4) the jury's award of actual damages was excessive; therefore the trial court erred in failing to grant a new trial absolute or a new trial nisi.
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Thursday, April 10, 2008 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15788 South Carolina Department of Transportation, Defendant, v. M & T Enterprises of Mt. Pleasant, LLC., Wells Fargo Bank Minnesota, N.A. , Assignee, and Walgreen Company, Lessee Of whom Walgreen Company is Appellant and M & T Enterprises of Mt. Pleasant, LLC, is Respondent. Richard D. Bybee, of Mt. Pleasant, for Appellant. Randall Scott Hiller, of Greenville, for Respondent. In this case, Landowner and Lessee dispute the allocation of proceeds from a $100,000 condemnation settlement. The Master in Equity found the entire award belonged to Landlord. Lessee appeals.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15744 The Estate of George King by and through Margaret Coe King as the Duly Appointed Personal Representative, Respondent, v. Richland County and Prison Health Services, Inc., Defendants, of whom Prison Health Services, Inc. is the Appellant. Richard A. Harpootlian and Graham L. Newman, of Columbia, for Appellant. J. Edward Bell, III, and C. Carter Elliott, Jr., of Georgetown, for Respondent. David Leon Morrison, of Columbia, for Defendant Richland County. On appeal, Prison Health Services, Inc. (PHS) contends the trial court erred in: (1) ordering PHS to produce documents in rushed, wholesale fashion that are subject to attorney-client or work-product privilege; (2) ordering PHS to produce patients' names and medical information to plaintiff with the specific provision that it could be shared with attorneys currently involved in similar litigation; (3) ordering PHS to produce documents that are promulgated by its own medical review committee; (4) ordering PHS to produce all materials and records for claims of inadequate medical care that originate in states outside of South Carolina; and (5) construing and ordering enforcement of an earlier order when the terms were vague and indefinite.
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Wednesday, April 16, 2008 | |
Courtroom I
(Court convenes at 11:30
a.m.)
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11:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
15745 Yoko Kim Melton, Respondent, v. Chong Olenik a/k/a Chong Son Kim, Appellant. David Christopher Shea and Rebecca Guental Fulmer, of Columbia, for Appellant. Stephen D. Schusterman, of Rock Hill, for Respondent. Chong Son Kim (Kim) appeals the circuit court's order denying her motion to set aside entry of default and denying relief from default judgment.
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Cases to be Submitted Without Oral Argument | |
14814 |
The State,Respondent, v. James M. Mosteller, Sr.,Appellant.
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14870 |
The State,Respondent, v. James Bowers,Appellant.
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15125 |
The State,Respondent, v. Clifton Lyles,Appellant.
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15179 |
The State,Respondent, v. Gerald Randal Smith,Appellant.
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15282 |
The State,Respondent, v. Michael Dewayne Elkin,Appellant.
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15283 |
The State,Respondent, v. Vanessa Beeks,Appellant.
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15284 |
The State,Respondent, v. Cedric Andrae Clinkscales,Appellant.
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15299 |
The State,Respondent, v. Damian Battle,Appellant.
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15333 |
The State,Respondent, v. Tyrone Perry,Appellant.
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15373 |
The State,Respondent, v. Sylvester Buckner,Appellant.
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15374 |
The State,Respondent, v. Larry Gene Martin,Appellant.
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15506 |
The State,Respondent, v. Chavis Jordan,Appellant.
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15554 |
The State,Respondent, v. Darryl Richburg,Appellant.
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15607 |
The State,Respondent, v. Frederick George Salyer,Appellant.
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15623 |
George G. Trask, as Co-Trustee of the John M. Trask, Sr., Trust, Appellant, v. John M. Trask, Jr., as Co-Trustee of the John M. Trask, Sr., Trust, and John M. Trask and Frederick G. Trask, in their capacity as Personal Representatives of the Estate of Flora G. Trask, Respondents, and John M. Trask, Jr., and Frederick G. Trask, in their capacity as Personal Representatives of the Estate of Flora G. Trask, Intervenors.
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15652 |
The State,Respondent, v. Maurice Lee Smith,Appellant.
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15671 |
The State,Respondent, v. Gregoria Coronel Parra a/k/a Amelia Vasquez Figueroa,Appellant.
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15684 |
The State,Respondent, v. Dexter Lamont Crawford,Appellant.
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15686 |
The State,Respondent, v. Jonathan Luke Eastwood,Appellant.
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15687 |
The State,Respondent, v. Rashad Graham,Appellant.
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15689 |
The State,Respondent, v. Timothy Beard,Appellant.
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15691 |
The State,Respondent, v. Jerry Jerome Johnson, II,Appellant.
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15693 |
The State,Respondent, v. Steven Beaney,Appellant.
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15708 |
The State,Respondent, v. Gavin Williams,Appellant.
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15709 |
The State,Respondent, v. Dennis L. Smalls, Jr.,Appellant.
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15710 |
The State,Respondent, v. Darrell Reed A/K/A Paris Daniel Smith,Appellant.
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15741 |
The State,Respondent, v. Steven C. Briscoe,Appellant.
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15755 |
Bessie M. Magaha,Respondent, v. Greenwood Mills, Inc.,Appellant.
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15756 |
James W. Ratliff, III, DVM, Respondent, v. South Carolina Department of Labor, Licensing, & Regulation, South Carolina Board of Veterinary Medical Examiners, Appellant.
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15759 |
David P. Reep, Respondent, v. Sonco Technology, Employer, and Cypress Insurance Company, Carrier, Appellants.
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15764 |
The State,Respondent, v. Larry D. Evans,Appellant.
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15790 |
Dean Edgar Wiesart, Appellant, v. Robert M. Stewart, Respondent.
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15794 |
Ester M. Gustilo and Joeprim G. Gustilo, Respondents, v. Nhin Thi Tang, and Tang Oriental Supermarket, Inc., Appellants.
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15795 |
Estate of Beatrice K. Carr by and through Beatrice Sue Bolton, Personal Representative, Appellant, v. Circle S Enterprises, Inc. d/b/a Newberry Auto Mart, Respondent.
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15796 |
Lee Berlinsky, Appellant, v. Palmetto Federal Savings Bank of South Carolina, Respondent.
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15826 |
Helen K. Roberson, Respondent, v. Arthur White, Ben Milligan, Betty Manigault, William Milligan, Yvonne Capers and Isaiah Washington (if he is alive) John Doe, adults and Richard Roe, infants, insane persons, incompetents, being fictitious names designating as a class any person, who may be an heir, distributee, legatee, devisee, widow, widower, assignee, administrator, executor, personal representative, creditor, successor, issue and alienee of Cain Bryan, Cain Bryan, Jr., Ella Bryan Milligan, Arthur Milligan, Manzie Milligan, Betsy Milligan Washington, Martha Grant, Sonnie Miligan, Jane Bryan Capers, Earnest Capers, Annie Bryan White, Jim White, Laurence White, Elijah Cody White, Hanna Bryan, Rachael Bryan, Joseph Bryan, Elizabeth Bryan, Mansy Bryan, Louisa Bryan Washington, Isaiah Washington (if he is deceased), Carolina Bryan Brown and Loretta Bryan Williams, deceased and all other persons or legal entities, known and unknown, owning, having and claimining any right, title and interest in the parcels of land described in the Complaint herein or any part thereof, Defendants, of whom Yvonne Capers is the Appellant.
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15828 |
Janice Manigault, Appellant, v. Charles Howard Manigault, Respondent.
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15856 |
In the Interest of Gavin N., A minor under the age of eighteen, Appellant.
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15993 |
James Whitney Powell, Respondent, v. Carol Ann Hemelt, Appellant.
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