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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 5, 2011 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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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.
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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
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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.
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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.
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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.
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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.
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Wednesday, April 6, 2011 | |
Courtroom I
(Court convenes at 11:00
a.m.)
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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.
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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.
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Tuesday, April 5, 2011 | |
Courtroom II
(Court convenes at 3:00
p.m.)
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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.
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Wednesday, April 6, 2011 | |
Courtroom II
(Court convenes at 10:15
a.m.)
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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.
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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.
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Thursday, April 7, 2011 | |
Charleston School of Law
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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Cases to be Submitted Without Oral Argument | |
17282 |
The State, Respondent, v. Reginald Booker, Appellant.
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17659 |
Merry H. Fauley, Appellant, v. David S. Weaver, Respondent.
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17690 |
The State, Respondent, v. Roscoe Gregg, Appellant.
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17700 |
The State, Respondent, v. Antoine Miller, Appellant.
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17701 |
In The Interest Of David P., A Juvenile Under The Age Of Seventeen, Appellant.
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17705 |
The State, Respondent, v. Angelo Mayo Sobreo, Appellant.
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17747 |
William Ritter, Respondent, v. William Hurst, et al, Defendants, Of whom William Hurst is Appellant.
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17750 |
Steven R Samonsky, Claimant, Appellant v. BellSouth Telecommunications, Inc. (n/k/a AT&T), Employer, BellSouth Telecommunications, Inc., Self-Insurer, Respondents.
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17829 |
Thomas J. Barnes, Appellant, v. Victor M. Serna and Does 1 Through 50, Inclusive, Defendants, Of Whom Victor M. Serna is the Respondent.
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17869 |
The State, Respondent, v. Barry Allen Evans, Appellant.
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17872 |
The State, Respondent, v. Kendrick V. Alston, Appellant.
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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.
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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.
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17924 |
South Carolina Department of Motor Vehicles, Appellant, v. Sharon Westfall, Respondent.
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17947 |
Cleveland Sanders, Appellant, v. S.C. Department of Corrections, Respondent.
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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.
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17955 |
Jose Lozada, Appellant, v. South Carolina Law Enforcement Division, Respondent.
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18028 |
Willie R. Sanders, #272414, Appellant, v. State of South Carolina, Respondent.
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18030 |
Larry Edward Hendricks, Appellant v. South Carolina Department of Probation, Parole, and Pardon Services, Respondent.
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18032 |
Pamela Fabian, Respondent, v. Michael Harris and Jennifer Harris, Appellants.
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18035 |
John Glenn, # 301415, Appellant, v. South Carolina Department of Corrections, Respondent.
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18046 |
Karen Ann Lucas, Respondent v. Grange S. Lucas and Mary King Lucas, Appellants.
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18059 |
Charles Sullivan, Appellant, v. South Carolina Department of Probation, Parole, and Pardon Services, Respondent.
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18082 |
Rock Hill Investment Group, LLC, Appellant, v. Brenda Horton, Respondent.
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18120 |
The State, Respondent, v. Corey Jawan Robinson, Appellant.
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18192 |
Patrick L. Booker, #297590, Respondent, v. South Carolina Department of Corrections, Appellant.
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18197 |
Francis J. Bolds, Jr., Appellant, v. UTI Integrated Logistics, Inc. and American Home Assurance Company, Respondents.
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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
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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.
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18223 |
The State, Respondent v. Marvin L. Williams, Appellant.
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18230 |
The State, Respondent, v. Samuel Jamar Grier, Appellant.
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18231 |
The State, Respondent, v. Frederick J. Jenkins, Appellant.
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18281 |
George Rabon, Employee, Claimant, Respondent, v. Arrow Exterminating, Inc. Employer, and Twin City Fire Insurance, Co, Carrier, Appellants.
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18297 |
Ramone Zepeda-Cepeda, Appellant, v. Priority Landscaping and Lawn Care, LLC, Employer, and Accident Fund Insurance Company of America, Carrier, Respondents.
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18303 |
Ralph H. Doering, Jr, Respondent, v. Perry A. Woodman, Appellant.
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18347 |
In The Interest of Quacvious R., A Juvenile Under The Age Of Seventeen, Appellant.
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18358 |
The State, Respondent, v. Khalil Faqir Bey, Appellant.
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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.
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18383 |
Nationwide Mutual Insurance Company, Respondent, v. James Malphrus and Taylor M., a minor, Defendants, Of whom Taylor M., a minor, is the Appellant.
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18385 |
Mitchell S. Lowther and Carmon B. Lowther, Respondents, v. E. Legrand Lowther, Appellant.
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18386 |
Ronald E. Price and Diana R.B. Price, Appellants, v. Investors Title Insurance Company, Respondent.
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18408 |
In The Matter Of The Care And Treatment of Vincent N. Way, Appellant.
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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.
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18433 |
Underground Boring, LLC, Respondent, v. P Mining, Inc., Appellant.
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18528 |
The State, Respondent, v. Lloyd Wright, Appellant.
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18530 |
The State, Respondent, v. Donovan Terrell Murray, Appellant.
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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.
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18571 |
David A. Hauge & Chidna, L.L.C., Plaintiffs, of whom David A. Hauge is, Appellant, v. Adrienne Curran, Respondent.
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18596 |
Jerry Cypress, Appellant, v. City of Charleston, Respondent.
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18280 |
Robert B. Shealy, Jr., Appellant, v. The Paul E. Shelton, Revocable Trust, Respondent.
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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.
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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.
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