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 5, 2011
Courtroom I
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5)  
18461   The State, Respondent, v. Jose Herrera, Appellant.

Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Anthony Mabry, of Office of the Attorney General, of Columbia, and Solicitor Isaac McDuffie Stone, III, of Beaufort, for Respondent.

Jose Herrera was convicted of murder and possession of a weapon during the commission of a violent crime. On appeal, Herrera alleges the trial court erred in refusing to charge the jury on involuntary manslaughter and accident. He also contends that the admission of photographs depicting holes in the walls of the home he shared with the victim was error.

 11:00 a.m. (Time Limits: 10 - 10 - 5)  
18397   Fred Ulfers, individually, and as the named personal representative/executor and the sole devisee under the last will and testament of Yvonne Ulfers, Respondent, v. Henry S. Capers; Suzanna Davis, in her Capacity as Delinquent Tax Collector for Dorchester County; Wachovia Bank, National Association, A National Banking Association; W. Garth Holmes; and Northwest Bank Minnesota, N.A., as Trustee under Agreement Dated September 1, 1997, for Southern Pacific Secured Assets Corp., Mortgage Loan Asset-Backed Pass Through Certificates, Series 1997-3, a national banking association, Defendents, Of whom Henry S. Capers is, Appellant, and of whom Suzanna Davis, as Delinquent Tax Collector for Dorchester County, is also, Respondent.

Stephen L. Brown, William L. Howard, Christine K. Toporek, and Russell G. Hines, of Charleston, for Appellant. Charles M. Feeley, of Summerville, for Respondent Fred Ulfers. Andrew T. Shepherd, of Summerville, for Respondent Suzanna Davis.

This is an appeal of a master's order in a suit to quiet a tax title to real property. The master ordered that fee simple title to the subject property be quieted and confirmed in Respondent Fred Ulfers, who purchased the property at a tax sale in 2004. Henry S. Capers, the defaulting taxpayer appeals, arguing among other things that (1) he did not have proper notice of the impending sale and (2) the tax title issued to Ulfers was facially deficient and for that reason the burden remained on Ulfers to prove the validity of the sale and transfer

 11:45 a.m. (Time Limits: 10 - 10 - 5)  
18435   The State, Respondent, v. Lawrence Phillips, Appellant.

Appellate Defender M. Celia Robinson, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, 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 Issac Stone, of Beaufort, for Respondent.

Lawrence Phillips appeals his conviction and sentence for second-degree arson, arguing the trial court erred in refusing to direct a verdict of acquittal and in sentencing him to life imprisonment without the possibility of parole.

 2:00 p.m. (Time Limits: 10 - 10 - 5)  
17668   Paul David Purser, Respondent, v. Angela Renee Owens, Appellant.

John D. Shipman, of Greenville, for Appellant. James Wilson Tucker, Jr., of Rock Hill, for Respondent. Charlotte Mooney, of Lancaster, for Guardian Ad Litem.

Purser filed for custody of his and Owens' child almost six years after his birth. Owens, the child's mother, had been the primary caretaker since birth. The parties neither married nor obtained a custody agreement, visitation schedule, or child support order. The family court awarded custody to the father. The Mother appeals alleging the family court (1) erred by using a totality of the circumstances burden, as opposed to a change in circumstances, and (2) in considering her decision to have an abortion in its custody analysis.

 2:45 p.m. (Time Limits: 10 - 10 - 5)  
18605   Barbara Solley, Respondent/Appellant, v. Navy Federal Credit Union, Inc., Appellant/Respondent.

Mark B. Bierbower, of Washington, DC; George P. Sibley, III, of Richmond, VA; R. Thayer Rivers, Jr, of Ridgeland; and Stephen A. Spitz, of Charleston; for Appellant/Respondent. Jared Sullivan Newman, of Port Royal, for Respondent/Appellant.

Solley filed suit for conversion, slander of title, and negligence against Navy Federal Credit Union after the person she owned a home with obtained a mortgage on the home from Navy Federal Credit Union without her knowledge. Navy Federal Credit Union was held in default after it failed to answer Solley’s complaint. After the special referee required Solley to elect the theory of damages with which she wanted to proceed, she proceeded with slander and was awarded damages, including punitives. Solley appeals the special referee’s requiring her to elect her remedies prior to the damages hearing, failing to find she was a consumer under federal regulations, and not allowing her to reform her complaint to conform to the evidence and issues actually tried. Navy Federal Credit Union appeals arguing the default judgment should be vacated because Solley failed to plead the elements for slander of title. Navy Federal Credit Union also argues the special referee committed several errors in awarding damages because Solley did not establish she suffered any damages, she did not establish its conduct was willful, wanton, or reckless, and the punitive damages are excessive compared to the actual damages.

 3:30 p.m. (Time Limits: 10 - 10 - 5)  
18177   5 Star, Inc., Respondent, v. Ford Motor Company, Appellant.

Curtis L. Ott and David C. Marshall, of Columbia, for Appellant. Thomas R. Goldstein, of Charleston, for Respondent.

5 Star, Inc. owned a 1996 Ford F-250 truck and alleged that a fire that occurred in 5 Star's warehouse was caused by a defect in the truck's speed control deactivation switch. The jury returned a verdict for 5 Star in the amount of $41,000.00 in actual damages. Ford appeals arguing that the trial court erred: (1) in dismissing the case due to 5 Star's spoliation of the truck; (2) in not granting judgment notwithstanding the verdict because 5 Star failed to prove the elements of its claim; (3) in admitting evidence of lost profits based on an improper calculation; and (4) in failing to grant Ford's motions for mistrial.

Wednesday, April 6, 2011
Courtroom I
(Court convenes at 11:00 a.m.)
 11:00 a.m. (Time Limits: 10 - 10 - 5)  
18417   William Peek, Respondent, v. Ford Motor Company, Appellant.

Curtis L. Ott and David C. Marshall, of Columbia, for Appellant. Karl S. Brehmer, of Columbia, for Respondent.

In this product liability action from Charleston County, Ford Motor Co., appeals the trial court's denial of its directed verdict motion. Ford maintains the trial court erred in submitting both the appellant's negligence claim, and its breach of implied warranty of merchantability claim to the jury. As to the negligence claim, Ford argues the appellant failed to present evidence of all the elements of the cause of action. As to the breach of implied warranty claim, Ford argues because the appellant bought the vehicle "as is" no implied warranty existed.

 11:45 a.m. (Time Limits: 10 - 10 - 5)  
18595   Elise Kelly Barrow, Respondent, v. Sam Carson Barrow, Appellant.

Anne Frances Bleecker, of Charleston, for Appellant. Joseph M. Ramseur, Jr., of Greenville, for Respondent.

Husband appeals the family court's determination that he was solely responsible for the tax liability created by the failure to pay income tax on his earnings during the marriage. Husband also contends the family court erred in failing to consider Wife's economic misconduct during the marriage and in finding $30,000 from Wife's mother used as a down payment for the marital home was a loan and awarding Wife a special equity in the home on that basis. Husband further maintains the family court erred in not counting advances from Wife's 401(k) against her share of the marital assets, in valuing the equity in the marital home without considering outstanding tax liens against the property, and in failing to award him attorney's fees.

Tuesday, April 5, 2011
Courtroom II
(Court convenes at 3:00 p.m.)
 3:00 p.m. (Time Limits: 10 - 10 - 5)  
18420   Wachovia Bank, National Association, Respondent, v. William E. Blackburn; Judith Blackburn; Tammy S. Winner; Watson E. Felder; Gary F. Ownbey; and South Island Plantation Association, Inc., are Defendants, Of Whom William E. Blackburn and Judith Blackburn are Appellants, And Of Whom Tammy S. Winner, Watson E. Felder, Gary F. Ownbey, and South Island Plantation Association, Inc. are, Respondents, v. Winyah Bay Holdings, LLC; Source One Properties, LLC; and Waterpointe Realty, LLC, Third Party Defendants, Respondents.

Glenn V. Ohanesian, of Myrtle Beach, for Appellants. Robert C. Byrd and Krista McGuire, of Charleston, for Respondent Wachovia Bank, National Association. Henrietta Golding and Alicia Smith, of Myrtle Beach, for Respondent South Island Plantation Association, Inc. Edward Bilbro Davis, of Charlotte, NC, for Respondent Winyah Bay Holdings, LLC. Jack M. Scoville, Jr, of Georgetown, for Respondent Winyah Bay Holdings, LLC. Benjamin Albert Baroody,of Myrtle Beach, for Respondent Waterpointe Realty, LLC. William Phillip Murdock, Jr, of Rock Hill, for Respondent Source One Properties, LLC.

In this mortgage foreclosure action, William and Judith Blackburn appeal the circuit court's order granting Wachovia's motion to strike their jury trial demand.

Wednesday, April 6, 2011
Courtroom II
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5)  
18401   Lonnie J. Davis, Respondent, v. KB Home of South Carolina, Inc. and Jeff Meyer, Appellants.

D. Michael Henthorne and William K. Brumbach, III, of Columbia, and Stephen D. Dellinger of Charlotte, North Carolina, for Appellants. Allan Riley Holmes, Jr., of Charleston, for Respondent.

KB Home of South Carolina, Inc. and Jeff Meyer (collectively Appellants) appeal a Form 4 circuit court judgment denying their motion to compel arbitration. On appeal, Appellants contend the circuit court erred in: (1) determining the validity of an arbitration clause contained in Lonnie Davis's employment application when that threshold determination was arguably for the arbitrator, (2) finding Appellants waived their right to enforce the arbitration clause by actively participating in litigation for eighteen months before seeking to compel arbitration, and (3) finding the alleged arbitration clause to be an unconscionable and unenforceable contract of adhesion.

 11:00 a.m. (Time Limits: 10 - 10 - 5)  
18129   The State, Respondent, v. Anthony D. Wilder, Appellant.

Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John McIntosh, Assistant Deputy General Attorney Donald J. Zelenka, Assistant Attorney General J. Anthony Mabry, of Office of the Attorney General, of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

Anthony D. Wilder was found guilty of murder, assault and battery with intent to kill, two counts of kidnapping, and first-degree burglary and sentenced to life imprisonment. Wilder appeals, arguing the trial court erred in allowing the admission of DNA evidence collected from his pants.

Thursday, April 7, 2011
Charleston School of Law
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5)  
17967   The State, Respondent, v. Theodore Cobbs, Appellant.

Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Christina J. Catoe, and Assistant Attorney General Mark R. Farthing, of Office of the Attorney General, of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

Theodore L. Cobbs was tried for committing criminal sexual conduct on a minor in Charleston County in September of 2008. On appeal, Cobbs argues that the trial court erred in excluding a videotape of his interactions with the victims.

 
 10:30 a.m. (Time Limits: 10 - 10 - 5)  
18205   Melissa Dulaney, Respondent, v. Charles M. Dulaney, Appellant.

Gregory Samuel Forman, of Charleston, for Appellant. James B. Richardson, Jr, of Columbia, for Respondent.

In this domestic relations matter, appellant, Charles M. Dulaney, appeals the decision of the family court judge ordering him to reimburse his ex-wife, Melissa Dulaney, $27,720 for two years of tuition at a private school incurred for their child's education. Appellant asserts the family court erred in (1) allowing respondent to orally amend her rule to show cause to seek reimbursement of tuition for both years, (2) finding appellant owed respondent back tuition, because appellant provided substantial evidence the parties had reached an agreement otherwise and appellant presented substantial evidence that the elements of equitable estoppel applied, (3) finding the parties' e-mails indicated an agreement appellant would reimburse respondent for the contested tuition payments at a later date, because there was no language in the e-mails to support such a finding, and (4) in refusing to reopen the case to take further testimony on the issue of respondent's credibility where her credibility was critical to appellant's arguments regarding his equitable estoppel defense and respondent's requested oral amendment, and the court limited appellant's cross examination of respondent and prohibited cross examination of respondent's counsel on the issue. Appellant further asserts he is entitled to an award of fees and costs if this court reverses the family court's determination on tuition reimbursement.

 
 11:30 a.m. (Time Limits: 10 - 10 - 5)  
18375   The State, Respondent, v. David Lee Brown, Appellant.

Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, and Senior Assistant Attorney General Harold M. Coombs, Jr., of Office of the Attorney General, of Columbia, and Solicitor Scarlett Wilson, of Charleston, for Respondent.

Appellant David Lee Brown appeals from his convictions for armed robbery and possession of a firearm, claiming the trial court erred in failing to exclude evidence seized after detention of the motor vehicle occupied by Brown without reasonable suspicion of criminal activity.

 
Cases to be Submitted Without Oral Argument
17282    The State, Respondent, v. Reginald Booker, Appellant.

17659    Merry H. Fauley, Appellant, v. David S. Weaver, Respondent.

17690    The State, Respondent, v. Roscoe Gregg, Appellant.

17700    The State, Respondent, v. Antoine Miller, Appellant.

17701    In The Interest Of David P., A Juvenile Under The Age Of Seventeen, Appellant.

17705    The State, Respondent, v. Angelo Mayo Sobreo, Appellant.

17747    William Ritter, Respondent, v. William Hurst, et al, Defendants, Of whom William Hurst is Appellant.

17750    Steven R Samonsky, Claimant, Appellant v. BellSouth Telecommunications, Inc. (n/k/a AT&T), Employer, BellSouth Telecommunications, Inc., Self-Insurer, Respondents.

17829    Thomas J. Barnes, Appellant, v. Victor M. Serna and Does 1 Through 50, Inclusive, Defendants, Of Whom Victor M. Serna is the Respondent.

17869    The State, Respondent, v. Barry Allen Evans, Appellant.

17872    The State, Respondent, v. Kendrick V. Alston, Appellant.

17900    Kristine McDonald, Respondent, v. South Carolina Employment Security Commision and Bob Brandi Stations, Inc., Defendants, of whom, South Carolina Employment Security Commision is Appellant.

17903    PHH Mortgage Corporation, Respondent, v. Harold E. Ross II, Lysa J. Ross, Devon Forest Homeowners Association-Buxton, Inc, Defendants, of whom Harold E. Ross II and Lysa J. Ross are the Appellants.

17924    South Carolina Department of Motor Vehicles, Appellant, v. Sharon Westfall, Respondent.

17947    Cleveland Sanders, Appellant, v. S.C. Department of Corrections, Respondent.

17953    South Carolina Department of Health and Environmental Control, Respondent, v. Bush Oil Co., Inc., Jake Roper, d/b/a Roper 66 and Helen Roper, d/b/a Roper 66, Appellants.

17955    Jose Lozada, Appellant, v. South Carolina Law Enforcement Division, Respondent.

18028    Willie R. Sanders, #272414, Appellant, v. State of South Carolina, Respondent.

18030    Larry Edward Hendricks, Appellant v. South Carolina Department of Probation, Parole, and Pardon Services, Respondent.

18032    Pamela Fabian, Respondent, v. Michael Harris and Jennifer Harris, Appellants.

18035    John Glenn, # 301415, Appellant, v. South Carolina Department of Corrections, Respondent.

18046    Karen Ann Lucas, Respondent v. Grange S. Lucas and Mary King Lucas, Appellants.

18059    Charles Sullivan, Appellant, v. South Carolina Department of Probation, Parole, and Pardon Services, Respondent.

18082    Rock Hill Investment Group, LLC, Appellant, v. Brenda Horton, Respondent.

18120    The State, Respondent, v. Corey Jawan Robinson, Appellant.

18192    Patrick L. Booker, #297590, Respondent, v. South Carolina Department of Corrections, Appellant.

18197    Francis J. Bolds, Jr., Appellant, v. UTI Integrated Logistics, Inc. and American Home Assurance Company, Respondents.

18200    Aaron R. Allen, M.D., Respondent, v. Pinnacle Healthcare Systems, LLC, d/b/a Grand Strand Imaging and d/b/a Myrtle Beach Medical Center; Robert J. Gunn; David V. Vandergriff; Rick Joyce; and Timothy W. Gunn, Defendants, of whom Robert J. Gunn, Rick Joyce, and Timothy W. Gunn are Appellants

18210    East Bay Company, LTD., as successor in interest to Regions Bank, Respondent, v. Baxley Commercial Properties, LLC, a North Carolina limited liability company, Co-Realty, LLC, a South Carolina limited liability company, Lowcountry Endodontics, P.A., a South Carolina Professional Association, CMM Properties, LLC, a South Carolina limited liability company, Christos M. Maltezos a/k/a Christos M. Maltezos, Park West Master Association Inc., a South Carolina non-profit corporation, Atrium Buliders, LLC, a South Carolina limited liability company, Defendants, Of whom Atrium Buliders, LLC, a South Carolina limited liability company is Appellant.

18223    The State, Respondent v. Marvin L. Williams, Appellant.

18230    The State, Respondent, v. Samuel Jamar Grier, Appellant.

18231    The State, Respondent, v. Frederick J. Jenkins, Appellant.

18281    George Rabon, Employee, Claimant, Respondent, v. Arrow Exterminating, Inc. Employer, and Twin City Fire Insurance, Co, Carrier, Appellants.

18297    Ramone Zepeda-Cepeda, Appellant, v. Priority Landscaping and Lawn Care, LLC, Employer, and Accident Fund Insurance Company of America, Carrier, Respondents.

18303    Ralph H. Doering, Jr, Respondent, v. Perry A. Woodman, Appellant.

18347    In The Interest of Quacvious R., A Juvenile Under The Age Of Seventeen, Appellant.

18358    The State, Respondent, v. Khalil Faqir Bey, Appellant.

18368    Sandra Zimmerman, Appellant, v. Danny K. Sweigert, Steven Brandon Wood, and MyrBeach Mortgage, LLC d/b/a Days Inn at Waccamaw, Defendants, Of Whom MyrBeach Mortgage, LLC d/b/a Days Inn at Waccamaw is Respondent.

18383    Nationwide Mutual Insurance Company, Respondent, v. James Malphrus and Taylor M., a minor, Defendants, Of whom Taylor M., a minor, is the Appellant.

18385    Mitchell S. Lowther and Carmon B. Lowther, Respondents, v. E. Legrand Lowther, Appellant.

18386    Ronald E. Price and Diana R.B. Price, Appellants, v. Investors Title Insurance Company, Respondent.

18408    In The Matter Of The Care And Treatment of Vincent N. Way, Appellant.

18430    Madeleine R. Arata and Kenneth C. Arata, Appellants, v. Village West Owner's Association, Inc. d/b/a Village West Horizontal Property Regime, Respondent.

18433    Underground Boring, LLC, Respondent, v. P Mining, Inc., Appellant.

18528    The State, Respondent, v. Lloyd Wright, Appellant.

18530    The State, Respondent, v. Donovan Terrell Murray, Appellant.

18554    Regions Bank, Appellant, v. Wingard Properties, Inc., James T. Wingard, III, Deborah G. Wingard, Klassic Kitchen Design, Inc., Coastal Closets, LLC, Dean Pappas, and Best-Way Insulation of Fairmont, Inc., Defendants, v. Ray Covington, Intervenor, Respondent.

18571    David A. Hauge & Chidna, L.L.C., Plaintiffs, of whom David A. Hauge is, Appellant, v. Adrienne Curran, Respondent.

18596    Jerry Cypress, Appellant, v. City of Charleston, Respondent.

18280    Robert B. Shealy, Jr., Appellant, v. The Paul E. Shelton, Revocable Trust, Respondent.

18380    State of South Carolina, Respondent, v. Phyllis W. Griffith, as Personal Representative of the estate of Jack W. Griffith, and James H. Southard, Jr., Defendants, Of Whom James H. Southard, Jr. is Appellant.

18429    Case No: 2006-CP-07-2682 Amy Davidson, Appellant, v. City of Beaufort, Branch Banking & Trust of South Carolina, Collins Engineering, Inc., Brantley Construction Company, Inc., and Tidal Wave 23, LLC, Defendants, of whom Collins Engineering, Inc., Brantley Construction Company, Inc., and Tidal Wave 23, LLC, are Respondents._________________Case No: 2006-CP-07-2683 Phillip Davidson, Appellant, v. City of Beaufort, Branch Banking & Trust of South Carolina, Collins Engineering, Inc., Brantley Construction Company, Inc., and Tidal Wave 23, LLC, Defendants, of whom Collins Engineering, Inc., Brantley Constuction Company, Inc., and Tidal Wave 23, LLC, are Respondents.