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April 2024 |
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 2, 2024 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2022-000290 Eastwood Construction Partners, LLC and Eastwood Development Corporation, Appellants,
v.
GHD Brooks Creek, a North Carolina Limited Liability Company, and AF-Brooks Creek, LLC, a North Carolina Limited Liability Company, GHD River Falls, a North Carolina Limited Liability Company, and AF-River Falls, LLC, a North Carolina Limited Liability Company, Greenhawk Corporation, Inc., and TRI Pointe Homes, Inc., Respondents. James Edward Bradley, of Moore Bradley Myers, PA, of West Columbia; James C. Adams, II, of Greensboro, NC; and Allen M. Nason, of Lake Wylie, all for Appellants. Amanda Pickens Nitto, of Charlotte, NC, and Stephen M. Cox, of Robinson Bradshaw & Hinson, PA, of Rock Hill, both for Respondent TRI Pointe Homes, Inc. Konstantine Peter Diamaduros and Andrew A. Mathias, both of Greenville, and John I. Mabe, of Raleigh, NC, all for Respondents Greenhawk Corporation, Inc., GHD River Falls, GHD Brooks Creek, AF- River Falls, LLC, and AF- Brooks Creek, LLC.
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11:20 a.m. | (Time Limits: 15-15-5) |
2022-000301 Todd E. Taylor, Respondent,
v.
Amar and Kennie Gill Living Trust Dated March 15, 2019; Kennie Lee Miller Gill, Trustee of the Amar and Kennie Gill Living Trust Dated March 15, 2019; Kenneth V.L. Miller; and Anna M. Miller, Appellants,
v.
South Beach Village Lagoon Villas, II; Horizontal Property Regime LVII, Respondents. Louis H. Lang, of Callison Tighe & Robinson, LLC, of Columbia, for Appellants. Edward Michael Kubec, of Novit & Scarminach, PA, of Hilton Head Island, for Respondent Todd E. Taylor. Douglas Walker MacKelcan, III, and Skyler Cole Wilson, both of Copeland, Stair, Valz & Lovell, LLP, of Charleston, for Respondents South Beach Village Lagoon Villas, II, and Horizontal Property Regime LVII. In their appeal from an order granting Respondent's petition to amend a 1973 Master Deed pursuant to the South Carolina Nonprofit Corporation Act, Appellants argue the master in equity erred in: (1) altering the Horizontal Property Act's unanimity requirement regarding changes in the ownership percentages of certain common and limited common area elements; and (2) changing Appellants' property rights as established by the Master Deed. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2021-000518 Adele J. Pope, Appellant,
v.
Alan Wilson, in his capacity as Attorney General of South Carolina, Respondent. Adam Tremaine Silvernail, of Law Ofc. of Adam T. Silvernail, of Columbia, for Appellant. Solicitor General Robert D. Cook and Deputy Solicitor General J. Emory Smith, Jr., both of Columbia, for Respondent. In this case filed under the Freedom of Information Act (FOIA), Adele J. Pope appeals the circuit court order granting Alan Wilson, in his capacity as Attorney General of South Carolina (the AG), judgment on the pleadings, arguing (1) the circuit court had subject matter jurisdiction; (2) the circuit court should direct the AG to respond to her FOIA request; (3) discovery proceedings in another pending case did not exempt the requested documents; (4) the AG should produce certain trust documents; (5) she is entitled to attorney's fees and costs; and (6) the FOIA noncompliance has violated due process rights. |
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Wednesday, April 3, 2024 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2022-000600 Naomi Lynn Bridges, Appellant,
v.
Harbour Town Surf Shop, LLC and South Carolina Workers' Compensation Uninsured Employers' Fund, Respondents. Joshua Reece Fester, of Hardeeville; and Warren Paul Johnson, of Law Office of Darrell Thomas Johnson Jr., LLC, of Hardeeville, both for Appellant. Michael W. Mogil, of Law Ofc. of Michael W. Mogil, P.A., of Hilton Head Island, for Respondent Harbour Town Surf Shop, LLC. Timothy Blair Killen, of Holder, Padgett, Littlejohn & Prickett, LLC, of Mt. Pleasant, for Respondent South Carolina Workers' Compensation Uninsured Employers' Fund. In this workers' compensation action, Naomi Lynn Bridges appeals the Appellate Panel of the South Carolina Workers' Compensation Commission's (Appellate Panel's) finding her claim was not compensable. She argues the Appellate Panel improperly determined she had the burden to prove she was acting within the course and scope of her employment when she fell from a ladder while at work. She contends the Appellate Panel erred in finding the evidence established she left the sphere of her employment by violating specific orders not to climb the ladder. She maintains the Appellate Panel erred in finding the greater weight of the evidence supported that she suffered from a pre-existing injury or condition and she failed to meet her burden of proving she had suffered an injury in the course and scope of her employment. Further, she argues the Appellate Panel erred in its determination of her average weekly wage and compensation rate. |
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Tuesday, April 9, 2024 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2021-001368 New Life Apostolic Church, Inc., and Ricky Finklea, Appellants,
v.
Progressive Church of Our Lord Jesus Christ, Inc., Theodore Jenkins, Sr., Lang Priester, David S. Johnson, Sr., and Paul C. Johnson, Respondents. Charles J. Boykin, Kenneth Allen Davis, and Tierney Felicia Goodwyn, all of Boykin & Davis, LLC, of Columbia, for Appellants. Costa M. Pleicones. James Y. Becker, and Ronald Talmadge Scott, all of Haynsworth Sinkler Boyd, PA, of Columbia; Sarah P. Spruill, of Haynsworth Sinkler Boyd, PA, of Greenville; G. Murrell Smith, Jr., of Smith Robinson Holler DuBose Morgan, LLC, of Sumter, all for Respondents. This is an appeal in a case concerning disputes about property, church governance, and a claim for unjust enrichment. The circuit court granted summary judgment in favor of the defendants. The plaintiffs appeal that judgment. |
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Wednesday, April 10, 2024 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2022-000809 Malcolm E. Livingston, Jr. as the Personal Representative of the Estate of Rebecca E. Livingston and personally, Respondent,
v.
The Regional Medical Center of Orangeburg and Calhoun Counties, Appellant. Michael C. Tanner, of Michael C. Tanner, LLC, of Bamberg; and Morgan Rebekkah Long, of Michael Tanner, LLC, of Trenton, NC, both for Appellant. Marion Clyde Fairey, Jr., of The Fairey Law Firm, LLC, of Hampton; and Clyde C. Dean, Jr., of Deal Law Firm, PLLC, of Orangeburg, both for Respondent. In this medical malpractice appeal, Appellant argues the circuit court erred in (1) granting Respondent's motion for partial summary judgment as to whether a supervising physician is vicariously liable for the negligent acts of a physician's assistant under the South Carolina Physician Assistants Practice Act and (2) finding the South Carolina Tort Claims Act's liability cap in this matter is $1,200,000 rather than the $300,000 per occurrence/$600,000 aggregate for non-physicians set forth in Section 15-78-120(a) of the South Carolina Code (Supp. 2023). |
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11:20 a.m. | (Time Limits: 15-15-5) |
2021-000446 Cary E. Fechter, M.D., Appellant,
v.
Leon Martin Ortner, The Ortner Law Firm, LLC, Gerald Rosenthal, and Rosenthal, Levy, Simon, and Ryles, P.A., Respondents. Stephen Peterson Groves, Sr., of Butler Snow, LLP, of Charleston, for Appellant. Michael Enrico Kozlarek and John Marshall Mosser, both of King Kozlarek Law LLC, of Greenville, for Respondents Gerald Rosenthal and Rosenthal, Levy, Simon, and Ryles, P.A. M. Dawes Cooke, Jr. and Justin Paul Novak, both of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Respondents Leon Martin Ortner and The Ortner Law Firm, LLC. Dr. Cary E. Fechter appeals the circuit court's orders dismissing his claims against Leon Martin Ortner and The Ortner Law Firm, LLC (Ortner Respondents) as well as his claims against Gerald Rosenthal and Rosenthal, Levy, Simon, and Ryles, PA (Rosenthal Respondents). Dr. Fechter argues the circuit court erred in (1) finding the South Carolina Workers' Compensation Commission had subject matter jurisdiction over the claims and (2) denying his motions to reconsider the dismissal of his claims against the Ortner and Rosenthal Respondents. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2022-000681 Beaufort County, Appellant,
v.
Adams Outdoor Advertising Limited Partnership and Bo Hodges, Respondents. Brittany L. Ward, of Beaufort, and Scott D. Bergthold, of Chattanooga, TN, both for Appellant. Jeffrey Scott Tibbals, Sr. and Evan Patrick Williams, both of Bybee & Tibbals, LLC, of Mount Pleasant, for Respondents. Beaufort County appeals the circuit court's order reversing and vacating the magistrate's court conviction of Adams Outdoor Advertising Limited Partnership (Adams Outdoor) and Bo Hodges (Collectively, Respondents) for violating Beaufort County's Community Development Code (CDC).Beaufort County argues the circuit court erred by finding it must strictly comply with its CDC notice requirements. |
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Tuesday, April 16, 2024 | |
Courtroom I
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1:00 p.m. | (Time Limits: 10-10-5) |
2021-000898 Jimmy Helms, Respondent,
v.
Debbie Willing, Appellant. Ainsley Fisher Tillman, of Ford Wallace Thomson LLC, of Charleston, for Appellant. S. Jahue Moore, of Moore Bradley Myers, PA, of West Columbia, for Respondent. In this action for the division of partnership property, Appellant, Debbie Willing, asserts following a bench trial that the trial court lacked subject matter jurisdiction; that no partnership existed between her and Respondent, Jimmy Helms; and that the division was improper, prejudicial, and made in reliance on erroneous title determinations. |
Tuesday, April 2, 2024 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2020-000049 The State, Respondent,
v.
Royal Daniel Williams, III, Appellant. Elizabeth Anne Franklin-Best, of Elizabeth Franklin-Best, P.C., of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent. Royal D. Williams, III appeals his conviction of murder for which he was sentenced to life in prison without parole. Williams argues that the circuit court erred by (1) denying his motion for a directed verdict; (2) denying his motion to suppress cell phone evidence obtained by law enforcement three years after the warrant for the evidence was issued; (3) permitting the State to obtain a buccal swab from Williams after making a finding of probable cause; (4) granting the State a continuance to remedy an evidentiary issue; and (5) not dismissing the case based on an alleged violation of Williams's right to a speedy trial. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2021-001162 Larry Blackwell, #176790, Appellant,
v.
South Carolina Department of Probation, Parole, and Pardon Services, Respondent. Jonathan Edward Ozmint, of The Ozmint Firm, LLC, of Greenville; John H. Blume, III, of Law Office of John Blume, of Columbia; and Hannah Lyon Freedman, of Columbia, all for Appellant. General Counsel Matthew C. Buchanan, of Columbia, for Respondent. Appellant Larry Blackwell seeks review of the Administrative Law Court's (ALC) order dismissing his appeal from a decision of the South Carolina Board of Paroles and Pardons (the Board) denying his application for parole. Blackwell argues that the ALC had jurisdiction over his appeal because he was not challenging a routine denial of parole but rather (1) the Department of Probation, Parole & Pardon Services' (the Department) presentation of inaccurate information to the Board and (2) the Department's denial of his request to review the investigative file on his parole application. Blackwell asserts that these actions violated due process. Blackwell also argues that SCALC Rule 61, limiting what the Department is required to include in the record on appeal before the ALC, violates the Administrative Procedures Act. |
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Cases to be Submitted Without Oral Argument | |
2022-000963 |
Helen Brown, Claimant, Appellant,
v.
Walmart Inc., Employer, and New Hampshire Insurance Company, Carrier, Respondents.
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2022-000547 |
In the Matter of the Care and Treatment of Tyrone Maurice Moore, A/K/A Tyrone Moore, Appellant.
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2021-000812 |
In the Matter of the Care and Treatment of Jeffrey Scott Owens, Appellant.
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2022-000605 |
Emonte A. Brooks, Petitioner,
v.
State of South Carolina, Respondent.
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2022-001571 |
Angelo Horace Taylor, Respondent,
v.
State of South Carolina, Petitioner.
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2022-000470 |
Levi Grantham, LLC, Appellant,
v.
Kathy Wright Mitchell, Respondent.
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2022-001128 |
Grayson J. Dailey, Appellant,
v.
SC Home Holdings, LLC, Lexington County and Jim Eckstrom in his official capacity as Treasurer of Lexington County, and John Doe, Respondents.
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2022-000450 |
The State, Respondent,
v.
Michael Isaac Mobley, Appellant.
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2022-001150 |
Randy G. Robinson, Petitioner,
v.
State of South Carolina, Respondent.
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2022-000628 |
Austin McQuarters, Petitioner,
v.
State of South Carolina, Respondent.
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2021-001108 |
The State, Respondent,
v.
Quatase J. Jenrette, Appellant.
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2022-000777 |
Filiberto Garcia Campos, Petitioner,
v.
State of South Carolina, Respondent.
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2022-001693 |
Mark Anthony Bayne, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000441 |
The State, Respondent,
v.
Craig Cory Cooper, Appellant.
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2022-000546 |
Regions Bank, an Alabama banking corporation, Respondent,
v.
CDIC Development Company, LLC, a South Carolina limited liability company, Appellant.
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2022-000305 |
The State, Respondent,
v.
Aaron Montez Davis, Jr., Appellant.
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2021-000948 |
The State, Respondent,
v.
Shakel Rakeem Dixon, Appellant.
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2022-000347 |
The State, Respondent,
v.
Bobby Ray McClure, Jr., Appellant.
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2021-000779 |
Whitesides Park Townhomes Property Owners Association, Inc., Respondent,
v.
CalAtlantic Group, Inc., f/k/a The Ryland Group, Inc. f/k/a Standard Pacific Corp. and also d/b/a Calatlantic Homes; Lennar Carolinas, LLC; Southend Exteriors, Inc.; Alpha Omega Construction Group, Inc.; and Fogel Services, Inc., Defendants,
Of whom CalAtlantic Group, Inc., f/k/a The Ryland Group, Inc. f/k/a Standard Pacific Corp. And also d/b/a Calatlantic Homes; and Lennar Carolinas, LLC; are the Appellants.
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2021-000907 |
Thomas Lovelace and Carol Lovelace, Respondent,
v.
The Center for Oral and Maxillofacial Surgery, PA and Mark Billman, DMD, MD, Appellants.
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2021-001232 |
The State, Respondent,
v.
Calvin Eugene Whitener, Appellant.
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2020-001485 |
The State, Respondent,
v.
Bryan Austin Seidle, Appellant.
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2022-000454 |
The State, Respondent,
v.
Ramon Rodrigo Hope, Appellant.
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2021-000942 |
The State, Respondent,
v.
Denzell Deshawn Jackson, Appellant.
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2022-000031 |
Royal Garden Resort Regime Homeowners Association, Inc., Respondent,
v.
Sea Breeze Property Management & Contract Services, Inc.; Calvin Donaldson; and Phoenix of the Strand, Inc., Appellants.
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2023-000060 |
Bill R. Sharpe and Angela Sharpe, Respondents,
v.
Rocky Rutherford, Legacy Equipment, Inc., and G.A. West and Company, Inc., Appellants.
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2022-000931 |
The State, Respondent,
v.
Daunte Maurice Johnson, Appellant.
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2021-001096 |
Jeremy Wilson, Respondent,
v.
Jeffrey G. Hedges and JH3 Consulting, LLC, Appellants.
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2022-001561 |
Jonathan M. Brown, Petitioner,
v.
State of South Carolina.
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2022-000703 |
Progressive Northern Insurance Company, Respondent,
v.
Gloria Oliver, Richard Prothro, and Sharon Prothro, Defendants,
Of whom Gloria Oliver is the Appellant.
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2022-001380 |
Richard Waldrup, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000803 |
Priscilla Peterkin, Appellant,
v.
Bummz Beach, LLC, City of Myrtle Beach, and Bummz on the Beach, Inc., Individually and d/b/a Bummz on the Beach Cafe, Defendants,
of which Bummz on the Beach, Inc., individually and d/b/a Bummz on the Beach Cafe, is the Respondent.
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2021-001349 |
The State, Respondent,
v.
Da Juan Rayshard Young, Appellant.
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2022-001595 |
Timothy Starnes, Claimant, Appellant,
v.
Meritage Asset Management, Inc. d/b/a Century Glass, Employer, and Insurance Company of the West, Carrier, Respondents.
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2022-001326 |
Stanley Moultrie, Petitioner,
v.
State of South Carolina, Respondent.
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2022-001190 |
Travis Jacqueese McFadden, Petitioner,
v.
State of South Carolina, Respondent.
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2022-000969 |
Timothy James Wright, Peitioner,
v
State of South Carolina, Respondent.
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