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April 2018 |
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.
Monday, April 9, 2018 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2016-000076 Concord and Cumberland Horizontal Property Regime, And Thomas R. Mather, And Betty Y. Segal, And Signature Charleston, LLC and Wade Robinson, And James C. Kirkpatrick, And Paul A. Brim, And Fred Rappaport and Joyce Rappaport, And Thomas R. Debnam, as Trustee of The Trust Agreement of Thomas R. Debnam, And Pamela L. Vaughan, And 304 Concord & Cumberland, LLC, And 402 Concord & Cumberland, LLC, And Avant & Associates, LLC and Oakland Holding, LLC, And Mattison J. MacGillivray and Teresa E. MacGillivray And Pamela Queen, And Stuart Reeves, Plaintiffs,
v.
Concord & Cumberland, LLC, Concord & Cumberland Manager, LLC, Estates, Inc., Estates Management Company, Superior Construction Corporation, Weather Shield Mfg., Inc., The Muhler Company, Inc., In The Wind, Inc., J. Davis Architects, PLLC, Wall Craft Construction, Inc., Weatherholtz Masonry, LLC, Philip Gasque d/b/a Philip Gasque Construction, Architectural Stone Company, Southern Mechanical, Inc., Greg Gasque Metal Works, Keating Roofing and Sheet Metal, Inc., Lowcountry Tile Contractors, Inc., Safeco Insurance Company of America, Companion Property and Casualty of America, Companion Property and Casualty Group, Watts Builders, LLC, Elias Duffy d/b/a Masonry Pros, Renaissance Steel, LLC, American Drywall Construction, Inc., Turner Electrical of SC, Inc. and Metro Waterproofing, Inc., Defendants,
Of whom Superior Construction Corporation is the Appellant,
And The Muhler Company, Inc. is the Respondent. Timothy J. Newton and Christopher Alton Majure, both of Murphy & Grantland, PA, of Columbia, for Appellant. Janice Holmes and Curtis Lyman Ott, both of Gallivan, White & Boyd, PA, of Columbia, for Respondent. Peter Gunnar Nistad of Shelly Leeke Law Firm, LLC, of North Charleston, for Respondent. Appellant Superior Construction Corporation appeals the circuit court's partial grant of summary judgment in favor of Respondent The Muhler Company, Inc., arguing the circuit court erred by misconstruing its argument and finding the relevant contracts between the parties did not require Muhler to indemnify Superior for Superior's own negligence. Superior claims (1) the circuit court improperly conflated the concept of "own negligence" with that of "sole negligence"; (2) the indemnity clause allowed Superior to recover for concurrent negligence; and (3) the circuit court erred by failing to reconcile the contracts and construe their terms in conjunction. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2015-002457 Heidi Noel Kendig, Respondent,
v.
Arthur C. Kendig, M.D., Appellant. Katherine Carruth Goode, of Winnsboro, for Appellant. Charles D. Lee, III, of McLaren & Lee, of Columbia, for Respondent. Arthur Kendig (Husband) appeals a final order of the family court, arguing the family court erred in (1) denying Husband's motion for mistrial; (2) making findings of facts and conclusions of law, which were tainted by the judge's belief that Husband was disrespectful to the family court; (3) making findings as to the parties' demeanor, which were tainted by the judge's prejudice against Husband; (4) failing to make a ruling on the issue of transportation of the parties' children; (5) inequitably dividing the marital estate; (6) awarding Heidi Noel Kendig (Wife) alimony of $7,000 per month and moving, personal, and vehicle expenses; (7) ordering child support of $3,690 per month and requiring Husband to maintain life insurance as security for child support until the children reach the age of twenty-four; and (8) awarding Wife attorney's fees. |
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Tuesday, April 10, 2018 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2015-002550 Nathan Bluestein, Ettaleah Bluestein, M.D., Theodore Albenesius and Karen Albenesius, Appellants,
v.
Town of Sullivan's Island and Sullivan's Island Town Council, Respondents. Robert Holmes Hood, Jr., James Bernard Hood, and A. Walker Barnes, all of Hood Law Firm, LLC, of Charleston, for Appellants. Deborah Harrison Sheffield, of Columbia, for Appellants. J. Brady Hair and Derk Van Raalte, IV, of Law Offices of J. Brady Hair, of North Charleston, for Respondents. In this appeal from the Charleston County Master-in-Equity, Appellants assert the master erred in granting the Town of Sullivan's Island (Town)'s motion for summary judgment on numerous claims regarding the Town's decision not to cut a maritime forest on the island. |
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Wednesday, April 11, 2018 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2015-001964 Philip Ethier and Jeanne Ethier, Appellants,
v.
Fairfield Memorial Hospital; Guy R. Bibeau, M.D.; Tuomey Medical Professionals, Inc.; and Pee Dee Emergency Medical Associates, PA, Defendants,
Of whom Guy R. Bibeau, M.D. is the Respondent. Ronald Brian Cox and Robert David Proffitt, both of Proffitt & Cox, LLP, of Columbia, for Appellants. David Cornwell Holler and G. Murrell Smith, Jr., both of Lee, Erter, Wilson, Holler & Smith, LLC, of Sumter, for Respondent. Stanley Lamont Myers, Sr. of Moore Taylor Law Firm, P. A., of West Columbia, for Respondent. Andrew F. Lindemann of Lindemann, Davis & Hughes, PA, of Columbia, for Respondent. In this medical malpractice action, Philip Ethier and Jeanne Ethier appeal the trial court's ruling Mrs. Ethier could not recover on her loss of consortium claim because the jury found Mr. Ethier more negligent than defendant Dr. Guy R. Bibeau. In addition, they appeal the trial court's denial of their motion for a new trial due to a juror's failure to disclose during voir dire her working relationship with Dr. Bibeau and two nurses who were defense witnesses and juror misconduct before and during deliberations. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2016-001213 Nataschja Tonya Urban, Appellant,
v.
Leo W. Kerscher, Mary Jean Crew and Jeffrey Brain Poston, Respondents. Leon Edward Green of Leon E. Green, PC, of Aiken, for Appellant. James B. Jackson, Jr. of Nester & Jackson, PA, of Orangeburg, for Respondents. Jacqueline Fogle Busbee, of Wagener, Guardian Ad Litem. Nataschja Urban appeals the ruling of the family court granting custody of her minor daughter (Child) to a third-party, Leo Kerscher and Mary Crew. Urban argues the factors outlined in Moore v. Moore, 300 S.C. 75, 386 S.E.2d 456 (1989) govern and militate the return of Child to her custody. Alternatively, Urban argues she has met the higher burden of demonstrating a substantial change in circumstances warranting the return of Child to her custody. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2016-000189 The State, Respondent,
v.
Jeffrey Boyd Cooper, Appellant. Robert J. Butcher of The Camden Law Firm, PA, of Manning, for Appellant. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent. Jeffrey B. Cooper appeals the circuit court's order affirming his conviction for breach of the peace, arguing the magistrate's court erred in failing to vacate the conviction after he was tried in absentia without receiving proper notice of the trial date. Cooper further argues the State failed to prove all essential elements of the offense. |
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Thursday, April 12, 2018 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2016-000687 Grays Hill Baptist Church, Respondent,
v.
Beaufort County, and The Beaufort County Zoning Board of Appeals, Defendants,
and
The United States of America, Defendant-Intervenor,
Of which Beaufort County and The United States of America are the Appellants. Mary Bass Lohr of Howell Gibson & Hughes, PA, of Beaufort, for Appellant Beaufort County. Lee Ellis Berlinsky, of Charleston, for Appellant The United States of America. David M. Wunder of Eastern Area Counsel Office of Camp Lejeune, North Carolina, for Appellant The United States of America. H. Fred Kuhn, Jr. of Moss Kuhn & Fleming, PA, of Beaufort, for Respondent. In this consolidated appeal, Beaufort County and the United States argue the master-in-equity committed an error of law in finding the Beaufort County Planning Commission erred in requiring Grays Hill Baptist Church to apply for a new development permit to construct a fellowship hall and in subsequently denying the Church's application for the permit. Appellants contend the Church's 1997 development permit did not allow the Church to pursue the development ten years later, and subsequent ordinances addressing development near the Marine Corps Air Station prevented approval of the Church's new development application. Appellants further argue the master erred in finding the County Zoning Board of Appeals erroneously denied the Church's request for a zoning variance, arguing the Church failed to establish the elements necessary to entitle it to a variance. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-002563 The State, Respondent,
v.
John Kenneth Massey, Jr., Appellant. Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent. Solicitor Kevin Scott Brackett, of York, for Respondent. John Kenneth Massey, Jr. appeals his convictions for grand larceny of items valued at or more than two thousand dollars and malicious injury to property with the damage being less than two thousand dollars, arguing the trial court erred in (1) permitting him to proceed pro se; (2) permitting expert testimony concerning dog-tracking; and (3) failing to credit Massey with time served in pretrial detention. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2015-001590 Brad J. Walbeck and Lea Ann Adkins, Both Individually and Derivatively on Behalf of The I'On Assembly, Inc.; I'On Assembly, Inc., Respondents,
v.
The I'On Company, LLC; The I'On Club, LLC; The I'On Group, LLC f/k/a Civitas, LLC; and I'On Realty, LLC, Appellants. Brian C Duffy and Julie Lauren Moore, both of Duffy & Young, LLC, of Charleston, for Appellants. Seth Warren Whitaker of Seth W. Whitaker, Ltd. Co., of Charleston, for Appellants. Justin O'Toole Lucey and Joshua Fletcher Evans, both of Justin O'Toole Lucey, P.A., of Mt. Pleasant, for Respondent Lea Ann Adkins and Respondent Brad J. Walbeck. Timothy W. Bouch and Yancey Alford McLeod, III, both of Leath Bouch & Seekings, LLP, of Charleston, for Respondent I'On Assembly, Inc. In this action alleging violation of the Interstate Land Sales Full Disclosure Act, 42 U.S.C. ยงยง 1701 to -1720, Appellants, The I'on Company, LLC, The I'on Club, LLC, The I'on Group, LLC f/k/a Civitas, LLC, and I'on Realty, LLC (collectively, I'on), seek review of the circuit court's orders (1) denying their motion for a judgment notwithstanding the verdict (JNOV), new trial absolute and new trial nisi remittitur, (2) declaring a recreational easement to be invalid, (3) directing a verdict for Respondents, Brad J. Walbeck and Lea Ann Adkins, individually and derivatively on behalf of the I'on Assembly, Inc., and I'on Assembly, Inc., on I'on's counterclaim for abuse of process, (4) denying I'on's motion for attorney's fees, and (5) granting attorney's fees to Walbeck. I'on argues Walbeck and Adkins could not pursue this action as a derivative action and their claims are barred by the statute of limitations. I'on also argues there was no fiduciary duty to convey amenities to I'on Assembly, Inc. and the circuit court's ruling that the I'on entities were amalgamated was improper. |
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Tuesday, April 17, 2018 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2016-000281 Anchorage Plantation Homeowners Association, Respondent,
v.
John B. Walpole and Theodora W. Walpole, Appellants. Charles S. Altman and Meredith L. Coker, both of Altman & Coker, LLC, of Charleston, for Appellants. George Trenholm Walker of Walker Gressette Freeman & Linton, LLC, of Charleston, for Respondent. In this declaratory judgment and injunction action, the Anchorage Plantation Homeowners Association brought suit to determine the validity of an easement John and Theodora Walpole purported to have over a private drive and boat dock located within Anchorage Plantation. After a bench trial, the circuit court found the Walpoles had no access or easement rights, and as a result, issued a "Court Ordered Cancellation of Easement Agreement," finding the express easement that had been granted to the Walpoles by the developer of Anchorage Plantation and recorded in the Charleston County registrar of deeds was invalid ab initio. The Walpoles appeal the trial court's order, contending the trial court erred in: (1) finding the express easement was invalid; (2) failing to find Anchorage Plantation did not have standing to bring the suit; (3) failing to find the statute of limitations barred the suit (4) failing to find the equitable doctrines of waiver, laches, and estoppel barred cancellation of the easement; and (5) failing to find the Walpoles were entitled to relief under a theory of unjust enrichment for cancellation of the easement. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2015-002417 In Re: The Estate of James Brown a/k/a James Joseph Brown
Tommie Rae Brown, Respondent,
v.
David C. Sojourner, Jr., in his capacity as Limited Special Administrator and Limited Special Trustee, Deanna Brown-Thomas, Yamma Brown, Venisha Brown, Larry Brown, Terry Brown, and Daryl Brown, Respondents below,
Of whom Deanna Brown-Thomas, Yamma Brown, Venisha Brown, Terry Brown, Michael Deon Brown and Daryl Brown are the Appellants. Robert C. Byrd and Alyson Smith Podris, both of Parker Poe Adams & Bernstein, LLP, of Charleston, for Appellants Deanna Brown Thomas, Yamma Brown, and Venisha Brown. Katon Edwards Dawson, Jr., of Parker Poe Adams & Bernstein, LLP, of Columbia, for Appellants Deanna Brown Thomas, Yamma Brown, and Venisha Brown. Marc Toberoff of Malibu, California, for Appellants Deanna Brown Thomas, Yamma Brown, and Venisha Brown. Matthew Day Bodman of Matt Bodman, PA, of Columbia, for Appellants Michael Deon Brown and Daryl J. Brown. David B. Bell of Augusta, Georgia, for Appellants Michael Deon Brown and Daryl J. Brown. John Andrew Donsbach, Sr., of Donsbach & King, LLC, of Martinez , Georgia, for Appellant Terry Brown. Thomas Heyward Carter, Jr., M. Jean Lee, and Andrew W. Chandler, all of Evans Carter Kunes & Bennett, PA, of Charleston, for Respondent. Robert N. Rosen of Rosen Law Firm, LLC, of Charleston, for Respondent. David Lawrence Michel of Michel Law Firm, LLC, of Charleston, for Respondent. Arnold S. Goodstein of Goodstein Law Firm, LLC, of Summerville, for Respondent. S. Alan Medlin, of Columbia, for Respondent. In this case involving the will of James Brown, six of Brown's children appeal from the trial court's grant of Tommie Ray Brown's (Respondent) motion for summary judgment, arguing the trial court erred in finding the marriage between Respondent and Brown was not bigamous. |
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Wednesday, April 18, 2018 | |
Courtroom I
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10:00 a.m. | |
2016-000258 Tyrone York, as personal representative for Timothy York (Deceased), Shirley York, and Yvonne Burns, Plaintiffs,
Of Whom Yvonne Burns is the Appellant,
And,
Shirley York is a Respondent,
v.
Longlands Plantation a.k.a Knollwood, Inc., and Companion Property and Casualty Group, Respondents. William E. Jenkinson, III, and John Thomas Thompson, both of Jenkinson Jarrett & Kellahan, PA, of Kingstree, for Appellant. Ann McCrowey Mickle of Mickle & Bass, LLC, of Columbia, for Respondent. Blake A. Hewitt of Bluestein Thompson Sullivan LLC, of Columbia, for Respondent. Helen F Hiser and of McAngus Goudelock & Courie, LLC, of Mount Pleasant, for Respondent Longlands Plantation. Jonathan Brandon Hylton of McAngus Goudelock & Courie, LLC, of Florence, for Respondent Longlands Plantation.
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10:40 a.m. | (Time Limits: 10-10-5) |
2016-000272 The State, Respondent,
v.
Nathaniel Wright, Appellant. Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Senior Assistant Deputy Attorney General Megan Harrigan Jameson, and Assistant Attorney General Joshua A. Edwards, all of Columbia, for Respondent. Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent. In this criminal action, Nathaniel Wright appeals his convictions for voluntary manslaughter, possession of a weapon during the commission of a violent crime, and failure to stop for a blue light. Wright asserts the trial court erred in finding the public defender's office did not have an actual conflict of interest and denying Wright's request for a continuance. |
Cases to be Submitted Without Oral Argument | |
2016-000792 |
The State, Respondent,
v.
Carrol Tremayne Washington, Appellant.
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2017-000637 |
The State, Respondent,
v.
Jason Andrew Cash, Appellant.
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2014-002148 |
Cheryl DiMarco, Respondent,
v.
Brian A. DiMarco, Appellant.
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2016-002027 |
The State, Respondent,
v.
Latique Kareem Bracey, Appellant.
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2016-002483 |
The State, Respondent,
v.
Reco Ramone Felder, Appellant.
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2014-001774 |
Phillip H. Crocker III, Petitioner,
v.
State of South Carolina, Respondent.
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2015-002174 |
Patricia Craig, Appellant,
v.
E. Earl Jenkins, Jr., M.D., also known as Everett Earl Jenkins, Jr., M.D., Amisub of South Carolina, Inc. d/b/a Piedmont Medical Center, and York Pathology Associates, LLC, Respondents.
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2015-002242 |
The State, Respondent,
v.
Henry Norris Johnson Jr., Appellant.
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2016-001123 |
The State, Respondent,
v.
Timothy Emmenuel Greene, Appellant.
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2014-002004 |
The State, Respondent,
v.
Frank Terrance Singleton, III, Appellant.
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2016-001526 |
The Bank of New York Mellon f/k/a The Bank of New York, as Trustee for the benefit of Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-E, Respondent,
v.
Charles Taylor, Burgess Brogdon Bldg. Supply, Palmetto Health Alliance, Defendants,
of Whom Charles Taylor is the Appellant.
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2016-001560 |
The State, Respondent,
v.
Raymond Angelo Scott, Appellant.
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2016-001156 |
Cokers Commons Homeowner's Association, Inc., Respondent,
v.
Park Investors, LLC; CCT Reserve, LLC, f/k/a Harris Street, LLC; and Whipple Development Corporation, Defendants,
Of which Whipple Development Corporation is the Appellant.
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2016-001707 |
Stevie Aiken, Petitioner,
v.
State of South Carolina, Respondent.
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2015-002443 |
The State, Respondent,
v.
Rodney R. Green, Appellant.
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2017-001324 |
Tavish D. Yeargin, Petitioner.
v.
The State, Respondent.
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2016-001667 |
Bert Wayne Foster, Petitioner,
v.
State of South Carolina, Respondent.
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2016-001407 |
The State, Respondent,
v.
Tony Randal Lewis, Appellant.
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2016-000509 |
Susie Henley, Employee,
v.
Otis Spunkmeyer, Employer, and Trumbull Insurance Company c/o The Hartford, Carrier, Respondents.
Ex Parte: David Henley, Appellant,
And
Jeannette Padgett, Joel Padgett, and Maurice Padgett, Respondents.
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2017-000495 |
The State, Respondent,
v.
Rodney Obryant Samuels, Appellant.
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2015-001182 |
The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2005-17, Mortgage-Pass Through Certificates, Series 2005-17, Respondent,
v.
Martin H. Seppala, Thomas F. True III, as Trustee of the Jate IV Trust utd 7-7-2000, The Jate IV Trust utd 7-7-2000, David A. Collins, William J. Thrower, The United States of America, The South Carolina Department of Revenue, 4th National Harbor Realty Trust, Snee Farms Lakes Homeowner's Association, Inc., Defendants,
Of Whom Thomas F. True as Trustee of the Jate IV Trust utd 7-7-2000, The Jate IV Trust utd 7-7-2000 David A. Collins and William J. Thrower are Appellants.
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2015-002541 |
The State, Respondent,
v.
Sylvester Keejaun King, Appellant.
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2015-002253 |
Nationstar Mortgage LLC, Respondent,
v.
Norman D. Lowery, Appellant.
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2015-001361 |
Mark D. Ostendorff, Appellant,
v.
School District of Pickens County, Respondent.
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2016-002032 |
The State, Respondent,
v.
Ramona Delores Gilmore, Appellant.
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2016-001477 |
Samuel Brown, Petitioner,
v.
State of South Carolina, Respondent.
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2014-002776 |
The State, Respondent,
v.
Loushonda Myers, Appellant.
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2016-001029 |
The State, Respondent,
v.
Charles Winston, Jr., Appellant.
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2016-001696 |
Knightsbridge Property Owners Association, Inc., Respondent,
v.
Paul A. Nadeau, Appellant.
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2015-000460 |
Alfonso Staton, Petitioner,
v.
State of South Carolina, Respondent.
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2015-002637 |
Brett Gries, Appellant,
v.
Aiken County Assessor, Respondent.
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2015-002618 |
Patricia Doller, Respondent,
v.
Lohr Plumbing, Inc., Appellant.
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2016-000048 |
Antwine Matthews, Petitioner,
v.
State of South Carolina, Respondent.
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2016-001510 |
William F. Poston, Claimant, Appellant,
v.
Randstad North America, Employer, and Indemnity Insurance Co. of N.A., Carrier, Respondents.
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2016-000624 |
The State, Respondent,
v.
John Alexander Darrieux, Appellant.
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2016-000895 |
The State, Respondent,
v.
Jeremy Seldon Brady, Appellant.
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2014-002243 |
City of Charleston, Charleston Police & Fire Departments, Respondents,
v.
Derrell Beckley, Appellant.
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2014-001642 |
James Hall, Appellant,
v.
Kim Hall, Respondent.
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2016-002499 |
Quentin Holt #268198, Appellant,
v.
South Carolina Department of Probation, Pardon and Parole Services, Respondent.
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2015-002057 |
Isiah James, Jr. and George Lee Tomlin, Plaintiffs,
Of whom George Lee Tomlin is the Appellant,
v.
The South Carolina Department of Corrections, Respondent.
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2016-002166 |
The State, Respondent,
v.
Gerald Lewis, Appellant.
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