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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.
Tuesday, April 13, 2010
Courtroom I
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
17315   Island Preservation Company, LP and Thomas Dewey Wise, Respondents, v. State of South Carolina and the South Carolina Department of Natural Resources, and Fenwick Properties, LLC, Defendants, Of Whom Fenwick Properties, LLC is the Appellant.

Richard L. Tapp, Jr. and Stephen P. Groves, Sr., of Charleston, for Appellant. David K. Haller, of Charleston, for Respondents.

Fenwick Properties appeals the trial court's order granting partial summary judgment to Island Preservation Company and Thomas Dewey Wise (collectively Island Preservation), in which the court upheld a 1984 order declaring Island Preservation's predecessor in title fee simple owner of marshland due to a King's Grant. Fenwick Properties claims the order was void because the named plaintiff had transferred his interest in the property prior to the court issuing the1984 order. It also asserts the court should not have granted summary judgment when Fenwick Properties had a motion to compel discovery pending. Island Preservation contends Fenwick Properties does not have standing.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
17408   James David Farmer, Respondent/Appellant v. Florence County Sheriff's Office, Appellant/Respondent.

James C. Rushton, III, of Florence, for Appellant/Respondent. Patrick J. McLaughlin, of Florence, for Respondent/Appellant.

This cross appeal stems from an action by Farmer against the Florence County Sheriff's Department, based on the alleged wrongful retention of suspected counterfeit goods seized in a law enforcement raid. The trial court dismissed Farmer's cause of action but ordered the Department return the confiscated goods. Farmer now appeals alleging the trial court erred in dismissing his action for damages. The Department also appeals alleging the trial court erred in ordering the return of the alleged counterfeit goods.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
17415   Lawton Limehouse, Sr., Respondent, v. Paul H. Hulsey and The Hulsey Litigation Group, LLC, Appellants.

Robert H. Hood, Deborah Harrison Sheffield, James B. Hood, and John K. Weedon, of Charleston, for Appellants. A. Camden Lewis and Ariail E. King, of Columbia, for Appellants. Frank M. Cisa, of Mt. Pleasant, for Respondent Lawton Limehouse, Sr.

This civil case from Charleston County was initially filed in state court and subsequently removed to federal district court. However, upon motion of the respondent, the federal court remanded the matter back to state court, whereupon default judgment was entered against the appellant. On appeal, the appellant alleges the trial court erred in: (1) exercising jurisdiction over the case, (2) failing to set aside the entry of default, (3) allegedly depriving the appellant of due process during the default damages trial, and (4) allowing an award of punitive damages.

 12:30 p.m. (Time Limits: 10 - 10 - 5 )  
17052   The State,Respondent, v. Jason Ervin Black,Appellant.

Senior Appellate Defender 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 Salley W. Elliott, and Assistant Attorney General Michelle J. Parsons, of Office of the Attorney General, of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Respondent.

Jason Ervin Black appeals his convictions for first-degree criminal sexual conduct with a minor and lewd act upon a minor, arguing the trial judge erred in allowing the State to impeach his corroborating witness with two manslaughter convictions over ten years old.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
17025   Louis Manios and Jimmy B. Rogers, Jr., as partners in M&R Investors, a South Carolina General Partnership, and M&R Investors, a South Carolina General Partnership, Appellants/Respondents v. Nelson, Mullins, Riley & Scarborough, LLP, and David E. Hodge, Esquire, Respondents/Appellants.

Desa Ballard and Stephanie Weissentein, of West Columbia, for Appellants/Respondents. R. Davis Howser, of Columbia, for Respondents/Appellants.

In this legal malpractice case, Louis Manios and Jimmy Rogers, Jr., as partners in M&R Investors, and M&R Investors (collectively, M&R Investors), argue the trial court erred in: (1) denying M&R Investors' motion for new trial nisi additur; (2) granting a directed verdict on the issue of damages because future profits were foreseeable in this case; (3) denying M&R Investors' motion for directed verdict or judgment notwithstanding the verdict on the issue of legal malpractice; and (4) denying M&R Investors' motion for a new trial absolute on the issue of damages. In its cross appeal, Nelson Mullins Riley & Scarborough, LLP, and David Hodge (collectively, Nelson Mullins), argue the trial court erred in denying: (1) Nelson Mullins' motion for summary judgment; (2) Nelson Mullins' pre-trial motion and subsequent motion to strike with respect to M&R Investors' alleged damages; (3) Nelson Mullins' motion for a directed verdict; and (4) Nelson Mullins' Rule 50(b) motion for judgment notwithstanding the verdict.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
17334   The State, Respondent, v. Nathan Benjamin Patrick, Appellant.

Appellate Defender Kathrine H. Hudgins, 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 Salley W. Elliott, and Assistant Attorney General Deborah R.J. Shupe, of Office of the Attorney General, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent.

Nathan Patrick appeals from the trial court's decision to admit sentencing sheets from his two prior burglary convictions into evidence, arguing the trial court erred in allowing the State to admit the sentencing sheets because they were not authenticated and the convictions contained details about the offense which prejudiced Patrick.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
17347   Richard Murr, Appellant, v. Nationwide Mutual Insurance Company, Respondent.

Donald Leverette Allen, of Anderson, for Appellant. Raymond Allen Tate, Jr, of Anderson, for Respondent.

In this appeal, Richard Murr argues the circuit court erred in granting Nationwide Mutual Insurance Company's motion for summary judgment.

Wednesday, April 14, 2010
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
17412   William P. Melton and Ann Frazier Melton, Appellants, v. Medtronic, Inc., Dr. Jennifer Feldman, and Columbia Heart Clinic P.A., d/b/a Columbia Heart and/or Columbia Heart Cadiologists, Defendants, Of Whom Dr. Jennifer Feldman, and Columbia Heart Clinic P.A., d/b/a Columbia Heart and/or Columbia Heart Cadiologists are Respondents.

Glenn E. Bowens, of Blythewood, for Appellants. Martin S. Driggers, Jr, of Hartsville, for Respondents.

In this civil case, we must determine whether the circuit court erred in granting summary judgment in favor of Dr. Jennifer Feldman (Dr. Feldman) and Columbia Heart Clinic (collectively Respondents) on William Melton's (Melton) causes of action for medical malpractice, negligent misrepresentation, abandonment, and intentional infliction of emotional distress.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
17488   Bruce L. McGee, Respondent, v. South Carolina Department of Motor Vehicles, Appellant.

Frank L. Valenta, Jr., Philip S. Porter, and Linda A. Grice, of Blythewood, for Appellant. D. Malloy McEachin, Jr., of Florence, for Respondent.

The South Carolina Department of Motor Vehicles (the Department) appeals the decision of the Administrative Law Court (ALC). On appeal, the Department contends the ALC erred in reversing the ALC Division of Motor Vehicle Hearing's suspension of Bruce McGee's (McGee) driver's license. The Department argues the ALC committed error in (1) failing to follow the terms and plain meaning of S.C. Code section 56-10-530; (2) concluding section 56-10-530 requires a subjective intent to operate a motor vehicle on South Carolina roads; and (3) construing section 56-10-520 as limiting section 56-10-530.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
17465   The State, Respondent, v. David M. Rocquemore, Appellant.

Senior Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Andrew John Savage, III, of Charleston, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Deborah R.J. Shupe, of Office of the Attorney General, of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

David Rocquemore appeals his convictions and sentences for voluntary manslaughter and possession of a firearm during the commission of a violent crime. He argues the trial court erred in (1) refusing to grant a mistrial when the State neglected to disclose that a sitting juror was a close cousin of an Assistant Solicitor and that the two had communicated during the trial and (2) refusing to afford retroactive effect to section 16-11-410 of the South Carolina Code to the extent that it eliminates a duty to retreat in situation where a person is unlawfully and violently attacked in their vehicle.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
17481   Jean Holst, Individually and as Personal Representative of the Estate of William Edward Holst, Jr., Appellant v. KCI Konecranes International Corporation a/k/a Konecranes Inc., Corporation Service Company 5000 Thurmond Mall Boulevard Columbia, SC 29201 and KCI Special Cranes Corporation f/k/a KCI Konecranes VLC P.O. Box 662 Koneenkatu 8, 05801 Hyvinkaa, Finland and South Carolina State Port Authority a/k/a SCSPA 176 Concord Street Charleston, SC 29401, Defendants Of Whom KCI Konecranes International Corporation a/k/a Konecranes Inc. and KCI Special Cranes Corporation f/k/a KCI Konecranes VLC are the Respondents.

Anne McGuinness Kearse, Kevin R. Dean, and T. David Hoyle, of Mount Pleasant, for Appellant. Stephen E. Darling, of Charleston, for Respondents.

In this appeal, Jean Holst argues the circuit court erred in granting KCI Konecrane's motion for summary judgment. Specifically, she maintains the circuit court erred in (1) improperly weighing the evidence, (2) applying the improper legal standard regarding the role of industry custom, (3) applying legal standards from Bell Helmets, Mitchell Distributing Company, and Bragg, and (4) granting summary judgment on her strict liability, negligence, and failure to warn causes of action.

Thursday, April 15, 2010
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
17463   The State, Respondent, v. Douglas McKown, Appellant.

Jack B. Swerling, of Columbia, for Appellant. Katherine Carruth Goode, of Winnsboro, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, and Assistant Attorney General Mark Farthing, of Office of the Attorney General, of Columbia, for Respondent.

This appeal from a criminal conviction for unlawful possession of a prescription drug involves the denial of a motion to suppress evidence seized from Appellant's residence pursuant to a search warrant.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
17314   Pinnacle Condominum Association, Inc., Plaintiff, v. Drake Development Corporation, a South Carolina Corporation, McDevitt Street Bovis, Inc., and E. Ralph Walden & Associates, Defendants, v. ISPO, Inc., Shields, Inc., Ballenger Glass Service, Inc., Weathergard, Inc., and Rebarco, Inc., Third-Party Defendants, of whom Shields, Inc. is the Appellant and McDevitt Street Bovis, Inc. is the Respondent.

Robert T. Lyles and Jason A. Pittman, of Charleston, for Appellant. Joseph S. McCue, Christian Stegmaier, and Amy L. Neuschafer, of Columbia, for Respondent.

Shields, Inc. appeals orders of the circuit court granting summary judgment and relief from judgment in favor of Respondent McDevitt Street Bovis, Inc.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
17482   M. Lee Jennings, Appellant v. Gail M. Jennings, Holly Broome, Brenda Cooke, Individually, and BJR International Detective Agency, Inc., Respondents.

Max N. Pickelsimer and Carrie A. Warner, of Columbia, for Appellant. Richard Giles Whiting and Deborah Harrison Sheffield, of Columbia, for Respondent Gail Jennings. Gary W. Popwell, Jr., of Columbia, for Respondent Holly Broome. John K. Koon, of Columbia, for Respondents Brenda Cooke and BJR International Detective Agency.

In this appeal, M. Lee Jennings contends that the circuit court erred by: (i) granting Respondents' motions for summary judgment as to his cause of action for a violation of the Stored Communications Act, 18 U.S.C. ยง 2701 et seq.; and (ii) not allowing Jennings to amend his complaint so as to add another party defendant.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
17486   Sherri Mann McBride, Appellant, v. School District of Greenville County, Respondent.

Katherine Carruth Goode, of Winnsboro, for Appellant. David Lloyd Thomas, of Greenville, for Appellant. N. Heyward Clarkson, III, K. Lindsay Terrell, and Sean A. Scoopmire, of Greenville, for Respondent.

In this wrongful discharge action against the School District of Greenville County (the District), Plaintiff Sherrie Mann McBride (McBride) seeks review of the circuit court's ruling granting a directed verdict for the District on McBride's causes of action for abuse of process, malicious prosecution, false imprisonment, and defamation of character. McBride also challenges several of the circuit court's evidentiary rulings as violating her due process rights.

 12:30 p.m. (Time Limits: 10 - 10 - 5 )  
17409   The State Accident Fund, Appellant, v. South Carolina Second Injury Fund, Respondent. In Re: Clinton Gaskins, Employee/Claimant, v. Pee Dee Regional Transportation Authority, Employer.

Mary Sowell League, of Columbia, for Appellant. Latonya D. Edwards, of Columbia, for Respondent.

The State Accident Fund (Carrier) sought reimbursement from the South Carolina Second Injury Fund (Fund) for monies they paid to Clinton Gaskins for a stroke he suffered during surgery for a work-related back injury. The Fund and the single commissioner denied Carrier's claim. The Appellate Panel of the Workers' Compensation Commission affirmed. Carrier now appeals from the order of the circuit court affirming the Appellate Panel's denial of reimbursement.

Cases to be Submitted Without Oral Argument
15814    South Carolina Department of Corrections, Respondent, v. Isiah James, Respondent.

16375    The State, Respondent, v. Carl Craine, Appellant.

17043    The State, Respondent, v. Mark Eric Seitz, Appellant.

17067    J.D., Inc. of Hilton Head, d/b/a Hilton Head Glidden, Respondent v. A-Team Surface Technologies, Inc., Charles A Studnzia and Stephanie Lamb, Defendants Of Whom Stephanie Lamb is Appellant.

17104    Carey Graham and Rodney A. Chardukan, Respondents, v. Malcolm M. Babb, Brenda M. Babb, Cable Plus of Carolina, Inc., South Bay Lakes Cable Partnership, Southbridge Cable Television, LLC and Renaissance Enterprises, Inc., now known as Condo Services, Inc., Defendants, Of Whom Brenda M. Babb and Renaissance Enterprises, Inc., now known as Condo Services, Inc. are Appellants.

17105    In The Interest of Thomas H., A Minor Under The Age of Seventeen, Appellant.

17109    The State, Appellant, v. Jason Neil Truesdell, Respondent.

17136    The State, Respondent, v. Phillip H. Tanner, Appellant.

17150    Willie Ladson #125875, Appellant, v. South Carolina Department of Corrections, Respondent.

17154    Patricia C. Gregory and H.J. Gregory, Appellants v. Courtney Lyn Tayloe and David E. Martin, Respondents.

17168    The State, Respondent, v. Channack Keam, Appellant.

17169    The State, Respondent, v. Andre James King, Appellant.

17171    The State, Respondent, v. James Garfield Depriest, Appellant.

17175    The State, Respondent, v. George B. Senior, Appellant.

17186    David Nexsen, Respondent v. Marion Driggers and James L. Lifrage, Defendants of whom Marion Driggers is the Appellant.

17187    South Carolina Department of Social Services, Appellant, v. Donellivin Polite, Respondent.

17195    Sarah Beth Bishop, Appellant, v. The City of Union, The Union Department of Public Safety and Police Chief Sam White, Respondents.

17196    John Carrigg, Sr., Respondent, v. Mable Gilbert, Appellant.

17204    In The Matter of The Care and Treatment of Darrell Jackson, Appellant.

17205    In The Matter Of The Care And Treatment Of Joel Keziah, Appellant.

17224    Martha Sue Payne, Respondent, v. Mary Patterson, Appellant.

17243    Max E. Matthews, as Co-Personal Representative of the Estate of Tillman B. Matthews, Sr., Appellant, v. Ann J. Matthews, South Carolina Bank and Trust, First Citizens Bank, and Charles J. Matthews, Respondents.

17261    Lawrence Barron, Appellant, v. State of South Carolina, Respondent.

17270    Cheryl A. DiMarco, Respondent, v. Brian A. DiMarco, Appellant.

17292    The State, Respondent, v. James E. Loftin, Appellant.

17296    The State, Respondent, v. Teran Scott, Appellant.

17308    Zachary Miller #291301, Appellant, v. South Carolina Department of Corrections, Respondent.

17310    Melvin Jackson. Employee/Claimant, Respondent v. Johnson Controls, Employer, and Indemnity Insurance Co. of N.A., Carrier, Appellants.

17332    The State, Respondent, v. Robby McDaniel, Appellant.

17341    Acmar Group, Appellant v. Commerce Bank. N.A., Defendant_______________Commerce Bank, N.A., Third-Party Plaintiff v. C. Dave Davis, Respondent.

17366    The State, Respondent, v. Archie Hoover, Appellant.

17367    The State, Respondent, v. Matthew Crowder, Appellant.

17369    The State, Respondent, v. Robert Heyward Hoyt, Jr., Appellant.

17371    The State,Respondent, v. Mack Green,Appellant.

17373    The State, Respondent, v. Clarence E. Bamberg, Appellant.

17406    Donnie Ray Hamm, Respondent v. Travelers Property Casualty Company of America, State Farm Mutual Automobile Insurance Company, and Kay V. Daily, Defendants, Of Whom Travelers Property Casualty Company of America is Appellant and State Farm Mutual Automobile Insurance Company is also Respondent.

17413    Linda Rouvet, Appellant, v. Bernard-Steven C. Rouvet, Respondent.

17480    HH Hunt Corporation, Eddy Huckabee and Eugenia Mabry-Huckabee, Appellants, v. Town of Lexington, Respondent.

17487    Susan R., Respondent, v. Donald R., Appellant.

17489    Eugene Edward Nolan, as Personal Representative of the Estate of John William Nolan, Appellant, v. Progressive Northern Insurance Company and Progressive Casualty Insurance Company, Respondents.

17939    Mandy Stanley, Appellant v. South Carolina Department of Social Services, Respondent.

18142    South Carolina Department of Social Services, Respondent, v. Jane Doe, Appellant, And John Roe and Richard Roe, Respondents.