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April 2016 |
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 5, 2016 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2014-000418 Albert C. Myers, Appellant,
v.
South Carolina Department of Health and Human Services, Respondent. Patricia Logan Harrison, of Columbia, for Appellant. Damon Christian Wlodarczyk, of Riley Pope & Laney, LLC, of Columbia, for Respondent. Richard G. Hepfer, of Columbia, for Respondent. Byron Ronald Roberts, of Columbia, for Respondent. In this appeal from the Administrative Law Court (ALC), Albert Myers claims South Carolina Department of Disabilities and Special Needs (DDSN) violated his due process rights when it failed to properly notify him of his reduction in Medicaid services in violation of his statutory and constitutional rights. Myers also contends the ALC erred in permitting a reduction and/or termination of his Medicaid services when DDSN's decision was not made in accordance with regulations promulgated in accordance with the South Carolina Administrative Procedures Act (APA). Third, Myers claims the ALC erred in upholding DDSN's denial of requested services by Myers' treating physician because DDSN failed to provide any evidence from a qualified source that contradicted the treating physician's opinion as to which services were medically necessary for Myers' care. Last, Myers claims the ALC erred in concluding DDSN did not violate the anti-retaliatory provisions of the American with Disabilities Act (ADA) based on Myers' mother's public advocacy efforts after DDSN reduced and/or terminated Myers' Medicaid services. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2014-001524 The Callawassie Island Members Club, Inc., Respondent,
v.
Ronnie D. Dennis and Jeanette Dennis, Appellants. Ian S. Ford and Neil Davis Thomson, both of Ford Wallace Thomson, LLC, of Charleston, for Appellants. M. Dawes Cooke, Jr., John William Fletcher, and Bradley B. Banias, all of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Respondent. Stephen P. Hughes and James Andrew Yoho, of Howell Gibson & Hughes, PA, of Beaufort, for Respondent. Andrew F. Lindemann, of Lindemann Davis & Hughes, of Columbia, for Respondent. Ronnie D. Dennis and Jeanette Dennis appeal the circuit court's grant of the Callawassie Island Members Club, Inc.'s motion for summary judgment. |
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Tuesday, April 12, 2016 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2014-000594 The State, Respondent,
v.
Devatee Tymar Clinton, Appellant. Chad Nicholas Johnston of Willoughby & Hoefer, PA, of Columbia, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General W. Edgar Salter, III, all of Columbia, for Respondent. Solicitor Randy E. Newman, Jr., of Lancaster, for Respondent. Devatee Clinton appeals his conviction for murder, arguing the trial court erred in failing to find a statement was admissible pursuant to the excited utterance or present sense impression exceptions to the hearsay rule. Further, Clinton argues the trial court erred in denying his motion for a directed verdict. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2014-000603 The State, Respondent,
v.
Al Martinez Green, Appellant. Jane Hawthorne Merrill of Hawthorne Merrill Law, LLC, of Greenwood, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General W. Edgar Salter, III, all of Columbia, for Respondent. Solicitor Randy E. Newman, Jr., of Lancaster, for Respondent. Al Martinez Green appeals from his conviction for murder, arguing the trial court erred in refusing to direct a verdict for him when the State failed to present direct or substantial circumstantial evidence that he was an accomplice to murder. |
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Wednesday, April 13, 2016 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2014-002355 Frank R. Mead, III, Respondent,
v.
Beaufort County Assessor, Appellant. Stephen P. Hughes and James Andrew Yoho, both of Howell Gibson & Hughes, PA, of Beaufort, for Appellant. Burnet Rhett Maybank, III, and James Peter Rourke, both of Nexsen Pruet, LLC, of Columbia, for Respondent. In this appeal from the administrative law court (ALC), the Beaufort County Assessor appeals the ALC's reversal of the Assessor's determination Frank Mead, III was not eligible for the homestead exemption in 2011 because he rented his home for over fourteen days in that year. The Assessor contends the ALC erred in finding the primary residence classification and homestead exemption are unrelated. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-002798 St. Stephen Family Dentistry, LLC, Respondent,
v.
Linda Gregg and Douglas Allen Kaufman, Appellants. William E. Hopkins, Jr. of Hopkins Law Firm, LLC, of Pawleys Island, for Appellants. Jack D. Cordray of Cordray Law Firm, of Charleston, for Respondent. George J. Kefalos of George J. Kefalos, PA, of Charleston, for Respondent. Oana Dobrescu Johnson of Janik, LLP, of Charleston, for Respondent. Linda Gregg and Douglas Allen Kaufman appeal the circuit court's order awarding actual and punitive damages to St. Stephen Family Dentistry, LLC from Gregg and Kaufman, jointly and severally. Kaufman contends the record contains no evidentiary support for an award of damages against him. Further, Kaufman and Gregg assert the damages award was excessive. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2014-002450 Hattie Mae Greene, Appellant,
v.
Cindy M. Floyd, Respondent. D. Cravens Ravenel of Baker Ravenel & Bender, LLP, of Columbia, for Appellant. M. Dawes Cooke, Jr., Alissa D. Fleming, and Jeffrey Michael Bogdan, all of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Respondent. Hattie Mae Greene appeals the summary judgment order in her legal malpractice action against Cindy Floyd. |
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Tuesday, April 19, 2016 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2014-002587 S. Coley Brown, Appellant,
v.
Spring Valley Homeowners Association, Inc., Respondent. Andrew Sims Radeker of Harrison & Radeker, P.A., of Columbia, for Appellant. Charles A. Krawczyk of Finkel Law Firm, LLC, of Columbia, for Respondent. Ely Owen Grote of Brown & Brehmer, of Columbia, for Responden. In this declaratory judgment action, Appellant S. Coley Brown (Owner) seeks review of the circuit court's order granting summary judgment to Respondent Spring Valley Homeowners Association, Inc. (Association). Owner argues the Association had no authority to impose a fine on him for violating a neighborhood covenant prohibiting "for sale" signs. Owner also argues the business judgment rule does not apply to the Association's actions. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-000109 Protection and Advocacy for People with Disabilities, Inc., Appellant,
v.
Beverly A. H. Buscemi, Ph.D., in her official capacity as State Director, South Carolina Department of Disabilities and Special Needs and The South Carolina Department of Disabilities and Special Needs, and Kelly Hanson Floyd, Nancy Banov, W. Robert Harrell, Rick Huntress, Deborah McPherson and Dr. Otis Speight in their Official Capacities as Members of the Department of Disabilities and Special Needs Commission, Respondents. Anna Maria Darwin of Protection & Advocacy for People with Disabilities Inc., of Greenville, for Appellant. Thornwell Simons of Protection & Advocacy for People with Disabilities Inc., of Columbia, for Appellant. Reid T. Sherard and David Curry Dill, both of Nelson Mullins Riley & Scarborough, LLP, of Greenville, for Appellant. Phillips Lancaster McWilliams of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Appellant. William H. Davidson, II, and Kenneth P. Woodington, both of Davidson & Lindemann, PA, of Columbia, for Respondents. In this declaratory judgment action, Protection and Advocacy for People with Disabilities, Inc. (P&A) appeals the trial court's denial of an order requiring the Department of Disabilities and Special Needs (DDSN) to allow P&A access to medical information and records, including Medication Administration Records (MARs), of residents of Community Training Home (CTH) facilities housing developmentally disabled persons. In particular, P&A contends the trial court erred in (1) not giving effect to the statutorily authorized review of "plans of care" during Team Advocacy inspections, (2) interpreting S.C. Code Ann. ยง 43-33-350 to prevent P&A from conducting proper inspections as required by statute, (3) refusing to afford deference to P&A's interpretation of the term "plans of care," and (4) ignoring South Carolina public policy in preventing P&A from inspecting documents to protect the State's most vulnerable citizens. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2015-000162 Pankaj Patel, individually and derivatively on behalf of Nominal Defendant, VP Enterprises, Inc., Appellant,
v.
Krish Patel, Vijay Patel, and P Communications, Inc., Respondents. James R. Gilreath and William Mitchell Hogan, both of The Gilreath Law Firm, PA, of Greenville, for Appellants. Monty D. Desai, Nihar Manhar Patel, and John Matthew Whitehead of The Carolina Law Group of Greenville, for Appellants. Hon. William W. Wilkins, Kirsten Elena Small, and Andrew A. Mathias, all of Nexsen Pruet, LLC, of Greenville, for Respondents. Thomas L. Stephenson of Stephenson & Murphy, of Greenville, for Respondents. Pankaj Patel (Appellant) appeals the circuit court's order finding his various business-related claims against Krish and Vijay Patel and P Communciations (Respondents) were barred by the statute of limitiations and laches. Appellant argues Respondents concealed certain informantion that prevented him from discovering the potential claims against Respondents thereby tolling the statute of limitations. Appellant further contends the circuit court erred in concluding Respondents did not usurp a corporate opportunity from the business originally formed by Pankaj and Vijay, because no corporate opportunity existed under the facts of this case. |
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1:40 p.m. | (Time Limits: 10-10-5) |
2014-001499 The State, Respondent,
v.
Matthew S. Medley, Appellant. Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Susannah Rawl Cole, both of Columbia, for Respondent. Solicitor Barry Joe Barnette, of Spartanburg, for Respondent. Matthew Medley appeals his conviction for driving under the influence (DUI), second offense, arguing the circuit court erred in admitting Medley's incriminating statements regarding his alcohol consumption after he was taken into police custody but prior to being Mirandized in violation of Missouri v. Seibert, 542 U.S. 600 (2004), and State v. Navy, 386 S.C. 294, 688 S.E.2d 838 (2010). |
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2:20 p.m. | (Time Limits: 10-10-5) |
2015-000292 South Carolina Department of Revenue, Respondent,
v.
Meenaxi, Inc., d/b/a Corner Mart, Appellant. S. Jahue Moore and John Calvin Bradley, Jr., both of Moore Taylor Law Firm, P.A., of West Columbia, for Appellant. Milton Gary Kimpson, Lauren Acquaviva, and Sean Gordon Ryan, all of Columbia, for Respondent. Meenaxi, Inc. d/b/a Corner Mart (Appellant) appeals the administrative law court's (ALC's) order affirming the South Carolina Department of Revenue's (the Department's) revocation of an off-premises beer and wine permit that allowed alcohol to be sold at the Corner Mart. On appeal, Appellant argues (1) the ALC erred in determining the Department brought and pursued this action against the proper parties; (2) the Department's failure to bring and pursue this case against the proper parties violated the due process rights of Malkesh Patel, the sole owner of Meenaxi, Inc. and the Corner Mart; (3) the ALC erred in revoking Appellant's permit pursuant to section 61-4-580(5) of the South Carolina Code (2009); (4) the ALC's factual findings and legal conclusions were based upon erroneously admitted testimony and evidence; and (5) the ALC abused its discretion and committed errors of law by determining that revocation of the permit was the appropriate penalty. |
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3:00 p.m. | (Time Limits: 10-10-5) |
2014-001041 Oliver Grady Query, and the Estate of Grady W. Query, by its Personal Representative, Oliver Grady Query, Respondents-Appellants,
v.
Ladislao Castrejon, Alberto Lozano and Jesus Brito, Defendants,
Of Whom Ladislao Castrejon is the Appellant-Respondent and Jesus Brito is the Respondent. B. Allen Bullard, Jr. of Montgomery Willard, LLC, of Columbia, for Appellant/Respondent. Mark V. Evans, of Charleston, for Respondents/Appellants. In this cross-appeal Appellant-Respondent Ladislao Castrejon appeals the master-in-equity's April 4, 2014 order, arguing the master erred in failing to find the transaction involving owner financing that was scheduled to close in September 2008 was unenforceable because it violated the statute of frauds. Respondent-Appellant Oliver Grady Query cross-appeals from the master's April 4, 2014 order and the master's August 29, 2014 order, arguing the master erred in (1) finding Appellant-Respondent's obligation to purchase the subject real property pursuant to the sales contract was excused by his inability to obtain financing for the down payment, (2) failing to find Appellant-Respondent first breached the real estate contract by not attending the closing and making the required down payment and failing to find there was no excuse for the nonperformance, and (3) failing to enter a default judgment against Respondent Jesus Brito when the master earlier found there was no liability under the contract as to Brito's co-defendant. |
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Wednesday, April 20, 2016 | |
Courtroom I
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1:40 p.m. | (Time Limits: 10-10-5) |
2015-000247 Tony Allen Freeman, Respondent,
v.
Stephanie Ann Carver, Debbie Freeman, and Wayne Freeman, Defendants, and
Brian Miller and Kimberley Miller, Intervenors, Appellants. Melissa D. Spivey and H. Michael Spivey, both of The Spivey Law Group, LLC, of Mauldin, for Appellants. Robert K. Whitney of Whitney Law Firm, of Seneca, for Respondent. In this appeal from the family court, Brian and Kimberley Miller appeal the court's final order awarding custody of Child to Tony Allen Freeman (Father). The Millers contend the court erred in (1) failing to find Father unfit to raise Child, (2) failing to give proper weight to certain pieces of evidence, (3) finding the guardian ad litem (GAL) had competently investigated the case, and (4) awarding attorney's fees to Father. |
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2:20 p.m. | (Time Limits: 10-10-5) |
2015-000407 Phillip C. Shaw, Respondent,
v.
Jeffrey C. Moss, Ed. D., Appellant. Allen D. Smith, Kenneth L. Childs, Vernie L. Williams, and Shirley M. Fawley, all of Childs & Halligan, PA, of Columbia, for Appellant. Clifford Bush, III of The Law Offices of Clifford Bush III, LLC, of Beaufort, for Respondent. In this employment action, Jeffrey Moss, Ed.D., the Superintendent of the Beaufort County School District, appeals the circuit court's reversal of Principal Phillip Shaw's employment termination. On appeal, Dr. Moss argues the circuit court erred by (1) applying the substantial evidence standard of review improperly, (2) disregarding the substantial evidence in the record, (3) reversing the Board of Education's decision regarding Shaw's termination, (4) issuing an order containing serious erroneous facts and conclusions, and (5) failing to grant Dr. Moss's motion for reconsideration. |
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3:00 p.m. | (Time Limits: 10-10-5) |
2014-000274 The State, Respondent,
v.
Steven Otts, Appellant. Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General J. Anthony Mabry, all of Columbia, for Respondent. Solicitor Donald V. Myers, of Lexington, for Respondent. Steven Otts appeals his conviction for murder, arguing the circuit court erred in (1) denying his motion for directed verdict, (2) failing to tailor the self-defense instruction to the evidence presented, (3) instructing the jury on the law of defense of others where the instruction served only to confuse the jury, and (4) declining to provide the jury with specific and clarifying language regarding involuntary manslaughter. |
Tuesday, April 12, 2016 | |
Courtroom II
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09:00 a.m. | (Time Limits: 10-10-5) |
2014-001786 The State, Respondent,
v.
William Anthony Wallace, Appellant. Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Caroline M. Scrantom, all of Columbia, for Respondent. Solicitor Daniel Edward Johnson, of Columbia, for Respondent. Appellant William Anthony Wallace appeals his convictions on multiple counts of murder, kidnapping, attempted murder, and armed robbery. Appellant contends the trial court erred by refusing to suppress evidence the police obtained without a warrant from his cellular telephone provider. |
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09:40 a.m. | (Time Limits: 10-10-5) |
2014-001579 Melissa J. Lackey-Oremus and James T. Oremus, Appellants,
v.
4 K & D Corporation, d/b/a Grand Estates Auction Company, Stacy Kirk and Valaria Devine, Respondents. Robert L. Buchanan, Jr. of Buchanan Law Office, PA, of Aiken, for Appellants. Robin A. Braithwaite of Braithwaite Timmerman LLC, of Aiken, for Appellants. Alice F. Paylor and Russell Britton Kelly, both of Rosen Rosen & Hagood, LLC, of Charleston, for Respondents. Appellants Melissa Lackey-Oremus and James Oremus appeal the circuit court's grant of Respondents' motion for summary judgment. Appellants argue the circuit court erred by granting summary judgment on their claim for fraud against Respondent Valaria Devine. Appellants further claim the circuit court erred by granting summary judgment to all Respondents on their claim based on the South Carolina Unfair Trade Practices Act. |
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Tuesday, April 19, 2016 | |
Courtroom II
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10:00 a.m. | |
2015-001571 South Carolina Department of Social Services, Respondent,
v.
Allyssa N. Boulware, John A. Stafford, and Jonathan Boulware, Respondents,
and
Darryl Armstrong and Ruth Ann Armstrong and Edward Dalsing and Tammy Dalsing, Interveners,
Of whom Edward Dalsing and Tammy Dalsing are the Appellants,
and
Darryl Armstrong and Ruth Ann Armstrong are Respondents.
In the interest of a minor under the age of eighteen.
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10:30 a.m. | |
2015-001402 South Carolina Department of Social Services, Respondent,
v.
Shikira Dunbar and Craigory Nickens, Defendants,
Of whom Shikira Dunbar is the Appellant.
In the interest of minors under the age of eighteen. Shikira Dunbar appeals the family court's order terminating her parental rights to two children, arguing the family court erred in finding clear and convincing evidence that termination of her parental rights was in the children's best interests. |
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Cases to be Submitted Without Oral Argument | |
2015-000359 |
Dickie Shults, Appellant,
v.
Angela G. Miller, Respondent.
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2014-000880 |
The State, Respondent,
v.
Lashad Demond Brewton, Appellant.
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2014-000200 |
The State, Respondent,
v.
Noeshea Follondous Samuel, Appellant.
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2014-001899 |
Kimberly A. Chitwood, Respondent,
v.
Charles C. Chitwood, Appellant.
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2013-000371 |
Jerome Myers and Gloria Myers, Appellants,
v.
Dennis J. Christensen, Shelly K. All, Cezar E. McKnight, Sgt. Donald Daquigan, Elizabeth Spencer-Elderly Support Unit, Willie O.W. McFadden Myers and Latonya Hobson, Defendants,
Of Whom Shelly K. All, Cezar E. McKnight, Willie O.W. McFadden-Myers, and Latonya Hobson are the Respondents.
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2014-002172 |
Joshua Cramer, #251406, Appellant,
v.
South Carolina Department of Corrections, Respondent.
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2014-000306 |
The State, Respondent,
v.
Brad Day, Appellant.
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2014-000958 |
The State, Respondent,
v.
Dominique M. Ross, Appellant
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2015-000159 |
HHH Ltd. of Greenville, Respondent,
v.
Randall S. Hiller, Robert E. Hiller and Randall S. Hiller, P.A., Appellants.
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2015-000752 |
The State, Respondent,
v.
Jim Edward Feagin, Appellant.
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2015-001380 |
Shameka S. Green, Employee, Appellant,
v.
Teleperformance Group , Inc., Employer,
AND
Zurich North America, Carrier, Respondents.
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2014-001956 |
The State, Respondent,
v.
Emmanual M. Rodriguez, Appellant.
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2014-002742 |
AMH-Ashley Marina, LLC, and AMH Management, LLC, Appellants,
v.
The Harborage at Ashley Marina Horizontal Property Regimes, The Harborage at Ashley Marina Condominium Association, Eddie McCoy, Stuart Reeves, Brian Swan, Rich Cone and Ed Miskotten, individually, are Respondents.
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2015-000066 |
The State, Respondent,
v.
Furman Eugene Taylor, Jr., Appellant.
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2014-001930 |
The State, Respondent,
v.
William Travis Calvert, Appellant
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2014-001714 |
The State, Respondent,
v.
Christopher Terell Gilyard, Appellant.
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2015-000904 |
Kenneth R. Gainey, Appellant,
v.
Timothy M. Gainey, Respondent.
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2014-001842 |
The State, Respondent,
v.
Laquavius T. Cleveland, Appellant.
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2015-000324 |
Oliver M. Wiley, Employee, Appellant,
v.
Sumter County, Employer, and South Carolina Counties Workers' Compensation Trust, Carrier, Respondents.
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2015-000641 |
Tammy Vance and David Montorio, on behalf of themselves and all others similarly situated, Respondents,
v.
Horry County Electric Cooperative, Appellant.
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2015-000303 |
The State, Respondent,
v.
Chad Junior Bussell, Appellant.
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2015-000348 |
Wilma Spikes, Respondent,
v.
Roy Steven Cunningham and Roy Chester Cunningham, Appellants.
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2014-001575 |
Jessica Lyons, Respondent,
v.
Thomas Lyons, Lyn Lyons and Stephen Hinkle, Jr., Defendants.
Of Whom Thomas and Lyn Lyons are Appellants.
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2014-001201 |
The State, Respondent,
v.
Marco Siara Sanders, Appellant.
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2014-001336 |
The State, Respondent,
v.
Elijah Fernandeze Wilson, Appellant.
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2014-001769 |
The State, Respondent,
v.
Blaton Wakeem Smith, Appellant.
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2014-002392 |
The State, Respondent,
v.
Charles Tramayne Myers, Appellant.
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2013-002227 |
The State, Respondent,
v.
Lynne Smith Saucier, Appellant.
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2014-000268 |
Rita Darlene Carson Bell, Appellant,
v.
Bryon Keith Bell, Respondent.
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2014-001837 |
The State, Respondent,
v.
Shaheed Hayes, Appellant.
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2014-001702 |
Carlton E. Cantrell, Appellant,
v.
Aiken County, Aiken County Animal Control Director, Shirley Hardin, Aiken County Animal Control Officer, Bobby Arthurs, and Judge Charles T. Carter, Respondents.
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2013-002123 |
The State, Respondent,
v.
Armando K. Chestnut, Appellant.
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2014-000311 |
The State, Respondent,
v.
David Andrew Bowers, Appellant.
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2014-002256 |
Patricia T. Query, Respondent,
v.
O. Grady Query, Appellant.
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2014-000903 |
The State, Respondent,
v.
Phillip Heath Hollingsworth, Appellant.
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2014-002585 |
Henry Lee Carroll, II, Appellant,
v.
Alex Webb Causey and Stacey Jenkins, Defendants,
Of Whom Stacey Jenkins is the Respondent.
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2014-001630 |
The State, Respondent,
v.
Ralpheal L. Robertson, Appellant.
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2015-000245 |
The State, Respondent,
v.
Jashawn Livingston, Appellant.
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2014-000980 |
The State, Respondent,
v.
Rodney Lee Rogers, Sr., Appellant.
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2014-002327 |
The State, Respondent,
v.
Dwayne Chisolm, Appellant.
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2014-002412 |
The State, Respondent,
v.
London A. Kelley, Appellant.
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2014-001715 |
The State, Respondent,
v.
Michael Orlando Brown, Appellant.
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2014-001047 |
Ronald Tate, #114188, Appellant,
v.
South Carolina Department of Probation, Parole and Pardon Services, Respondent.
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