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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, May 13, 2003 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11170 Town of Olanta, Appellant v. James R. Epps, Respondent. Harry L. Goldberg and Robert S. Phillips, both of Finkel & Altman, of Columbia, for appellant. Warren C. Powell, Jr., and Ronald E. Robbins, both of Bruner, Powell, Robbins, Wall & Mullins, of Columbia, for respondent. The Town of Olanta brought this malpractice action against an attorney who drafted a wastewater treatment contract between the Town and the City of Lake City. The trial court determined the statute of limitations on this claim began to run at the latest when the trial court in the litigation over the contract rendered its decision and thus the Town’s action was not timely. On appeal, the Town argues the statute of limitations did not begin to run until the South Carolina Supreme Court issued its opinion in the contract dispute.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
11952 Elizabeth Waye, Petitioner v. Three Rivers Apartments and PMG Real Estate Management & Consulting Company, Respondents. Mark Weston Hardee, of Columbia, for petitioner. Ronald E. Boston, of Columbia, for respondents. This case involves the question of whether the trial court erred in failing to set aside a default judgment and in entering an award for damages when the material evidence offered did not support the award and the damages awarded exceeded the amount requested.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
11350 Zepsa Construction, Inc., Respondent v. Phillip A. Randazzo and Virginia M. Randazzo, Appellants. Douglas Gay, of Gay & Walters, of Rock Hill, for appellants. S. Jackson Kimball, III, of Rock Hill, for respondent. In this appeal from a mechanic’s lien foreclosure action the Appellant argues the trial court erred: (1) by including profit and overhead for the entire contract in the amount of the mechanic’s lien; and (2) in finding the Respondent prevailed in the action and awarding attorney’s fees to the Respondent.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
11351 Carol Keith Bates, Respondent v. William Fender, M.D., Appellant. Joseph P. Brennan and James V. Painter, both of Savannah, GA, for appellant. James B. Richardson, Jr., of Richardson & Birdsong; James M. Griffin, of Simmons & Griffin; and Richard A. Harpootlian, all of Columbia, for respondent. In this malpractice action, Doctor appeals a jury verdict awarding plaintiff $250,000 actual and $750,000 punitive damages. Doctor argues, among other things, that the trial court erred in denying his motions for directed verdict and for judgment notwithstanding the verdict because there was no evidence of the applicable standard of care nor was there evidence of any causal connection between any act or omission by him and the injuries claimed by the plaintiff. Doctor further argues that there was no evidence to support a claim of punitive damages and that the court made numerous reversible errors.
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3:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
11352 Venture Engineering, Inc., Appellant v. Tishman Construction Corporation of South Carolina, Timberland Properties, Inc., The South Carolina Public Service Authority (Santee Cooper), and High Point Capital, LLC, Defendants, of whom The South Carolina Public Service Authority (Santee Cooper) is Respondent. Mark A. Brunty, of Myrtle Beach; G. Michael Smith, of Conway; and Julio E. Mendoza, Jr., of Nexsen, Pruet, Jacobs & Pollard, of Columbia, for appellant. John Hamilton Smith and Stephen P. Groves, Sr., both of Young, Clement, Rivers & Tisdale, of Charleston; Elizabeth Warner; John Samuel West, both of Moncks Corner; and Francis B.B. Knowlton, of Nelson Mullins, Riley & Scarborough, of Columbia, for respondent. This case involves whether property granted in fee simple determinable subject to a condition subsequent may be re-entered and re-claimed by the grantor without the grantor being subject to a mechanic’s lien when the land was encumbered by the determinable estate holder.
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Wednesday, May 14, 2003 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11349 Stanford W. Boozer, Jr., as the sole surviving Trustee of the Trust created under the Will of Bessie Inez Boozer, Appellant v. Polly Ann Blackmon Meetze and the South Carolina Department of Transportation, Respondents. William E. Booth, III, of Columbia, for appellant. William P. Walker, Jr., Edward C. Boggs and S. Murry Kinard, all of Walker, Morgan & Kinard, of Lexington, for respondents. A contest over the ownership of a small tract of land.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
11368 Case No.: 2000-CP-40-2915 Thomas G. Buist, Appellant v. Michael Huggins, in his capacity as Assessor for Charleston County, Peggy A. Moseley, in her capacity as Auditor for Charleston County, Andrew C. Smith, in his capacity as Treasurer for Charleston County, the Board of Assessment Appeals for Charleston County, and the County of Charleston, a political subdivision, Respondents. And Case No.: 2000-CP-40-2766 Worsley Co, Inc, as Assignee, Edgar A. Buck and Margaret B. Buck as Assignor and in their own rights as they may appear, Appellants v. Dorchester County Assessor and Dorchester County Auditor, Respondents. Andrew K. Epting, Jr., G. Trenholm Walker and Matthew D. Hamrick, all of Pratt-Thomas, Epting & Walker, of Charleston, for appellants. John G. Frampton, of Chellis & Frampton, of Summerville; Samuel W. Howell, IV, of Charleston; Joseph Dawson, III; Bernard Eugene Ferrara, Jr., both of N. Charleston; and Murrel Clifton Scott, Jr., of Columbia, for respondents. Involves the jurisdiction of the Administrative Law Judge Division in certain tax-related cases and the proper method of calculating interest on delinquent tax sales.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
11410 In the Matter of the Estate of William Balish, Garibaldi's of Columbia, Inc., Donna J. Balish, Chiara Balish Barnett, and Jeffrey S. Balish, Appellants v. Jacquelyn B. Balish, as Personal Representative of the Estate of William Balish, deceased, and Jacquelyn B. Balish, Devisee, Respondent. Alex B. Cash and Donald B. Clark, both of Rosen, Rosen & Hagood, of Charleston, for appellants. Susan Ann Teschner; Robert B. Wallace, of Wallace & Wallace; and R. Bruce Wallace, of Nexsen, Pruet, Jacobs, Pollard & Robinson, all of Charleston, for respondent. Involves the ownership of an airplane in a contest between the decedent’s estate and a corporation.
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Tuesday, May 13, 2003 | |
Courtroom II
(Court convenes at 11:45
a.m.)
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
11217 Ruby Flateau and Herbert S. Fielding, Appellants v. Robert M. Harrelson, Oliver H. Willis, Stella G. Williams, E. Lynn W. Smith and Earlene S. Gardner, Respondents. Coming B. Gibbs, Jr., and Jeffrey A. Barnwell, both of Gibbs & Holmes, of Charleston, for appellants. Kathryn Thomas and Christopher W. Johnson, both of Gignilliat, Savitz & Bettis, of Columbia, for respondents.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
11396 InMed Diagnostic Services, LLC, Appellant v. MedQuest Associates, Inc., Siemens Medical Systems, Inc., Palmetto Imaging, Inc., and Open MRI of Florence, Inc., Defendants, of whom Siemens Medical Systems, Inc., is Respondent. Hamilton Osborne, Jr., and James Y. Becker, both of Haynsworth, Sinkler & Boyd, of Columbia, for appellant. Daniel J. Westbrook and Courtney Crook Shytle, both of Nelson, Mullins, Riley & Scarborough, of Columbia, for respondent.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
11289 DeBordieu Colony Community Association, Inc., Respondent v. Furman D. Wingate, Appellant. James B. Richardson, Jr., of Richardson & Birdsong, of Columbia; and H. Ray Ham, of W. Columbia, for appellant. Thomas S. White, of Haynsworth, Sinkler & Boyd, of Charleston, for respondent.
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Wednesday, May 14, 2003 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11531 The State, Respondent v. Thomas Bryant, Appellant. Assistant Appellate Defender Robert M. Dudek, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Derrick K. McFarland; and Solicitor Warren Blair Giese, all of Columbia, for respondent.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
11432 Donald E. Webb, II, Respondent v. Jennifer Anne Kilcoyne, now called Jennifer Anne Campbell; and Evanston, Incorporated, a South Carolina Corporation, d/b/a/ Evanston Mobile Home Park, Agent For Service: Heber J. Evans, Defendants, of whom Evanston, Incorporated, is Appellant. H. Clayton Walker, Jr., and Robert L. Reibold, both of Swagart, Walker, Martin & Reibold, of Columbia, for appellant. Donald Higgins Howe; and Walter Bilbro, Jr., both of Charleston, for Respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
11561 The State, Respondent v. Donald Roberts, Appellant. Tara Shurling, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor John Gregory Hembree, of Conway, for respondent.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
11511 The State, Respondent v. Samuel Donnan, Appellant. Assistant Appellate Defender Aileen P. Clare, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Senior Assistant Attorney General Norman Mark Rapoport; and Solicitor Warren Blair Giese, all of Columbia, for respondent.
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Cases to be Submitted Without Oral Argument | |
11242 |
Don Deshazo and Marcia Deshazo, Respondents v. Charles Gene Hardee and Heath P. Dixon, Appellants.
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11264 |
Jennifer W. Richburg and Brock Richburg, Respondents-Appellants v. H.L. Thomas d/b/a Thomas Concrete, Appellant-Respondent.
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11334 |
Samuel J. Coaxum and John Henry Coaxum, Respondents v. William Washington, Adam Washington, Gladys Washington, Enoch Thomas Washington, Eloise Washington, Curline M. Jenkins, Henrietta Owens, Cephus Pinckney, Adolph G. Pinckney, Cynthia Nichols, et al., Defendants, of whom Enoch Thomas Washington is Respondent, and Henrietta Owens, Cephus Pinckney, Adolph G. Pinckney and Cynthia Nichols are the Appellants.
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11366 |
Edward D. Sloan, Jr., individually and as a Citizen, Resident, Taxpayer and Registered Elector of the State of South Carolina, and on behalf of all others similarly situated, Appellant-Respondent v. The Departmant of Transportation, an Agency of South Carolina, and the Commission of the Department of Transportation, Robert W. Harrell, John N. Hardee, Eugene Stoddard, F. Hugh Atkins, B. Bayles Mack, L. Morgan Martin, and J. M. Truluck, in their capacities as Commisioners thereof, Respondents-Appellants.
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11367 |
Branch Banking and Trust, f/k/a The Lexington State Bank, Respondent v. Wade D. Chewning and Jeannie R. Chewning, Defendants, of whom Wade D. Chewning is Appellant.
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11370 |
Richard Craig Bowers, Appellant v. City of West Columbia, Respondent.
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11388 |
The State, Respondent v. Eugene Dwayne Green, Appellant.
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11399 |
Samantha Lee Crooks, Appellant v. Richard Widmark Crooks, Respondent.
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11412 |
H & K Specialists, Respondent v. William D. Brannen, Lavada Brannen, The Beaufort County Treasurer, The Beaufort County Tax Collector and the County of Beaufort, Defendants, of whom The Beaufort County Treasurer, The Beaufort County Tax Collector, and The County of Beaufort are the Appellants.
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11413 |
David Fisher, as Personal Representative of the Estate of Daniel Adam Fisher, Sr., Respondent v. Randy Stevens; Robert E. Poindexter, Individually and d/b/a Low Country Tops Wrecker Service; Speedway of South Carolina, Inc., d/b/a Myrtle Beach Motor Speedway; and National Association for Stock Car Auto Racing, Inc., Defendants, of whom Randy Stevens; Robert E. Poindexter, Individually and d/b/a Low Country Tops Wrecker Service and Speedway of South Carolina, Inc. d/b/a Myrtle Beach Motor Speedway, are Appellants.
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11415 |
Ottis Owens and Shirley Owens, Respondents v. Demetris A. Dawson, Appellant.
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11417 |
James Perry Richardson, Gene Amick Richardson and Carl Ray Richardson, Respondents v. Catherine Richardson Faust, Appellant. In the Matter of Estate of Eva Amick Richardson.
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11429 |
M. Kenneth Branch and Island Waterfront Flats, individually, Respondents v. Island Sub-Division Water and Sewer Company, Inc., Appellant.
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11430 |
Seabrook Island Property Owners Association, Respondent v. Joseph A. Berger, Appellant.
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11433 |
Doug Proctor d/b/a Anderson Tire Recycling, Appellant v. South Carolina Department of Health and Environmental Control, Respondent.
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11437 |
In The Interest Of: Demetrick Tyrell N., Appellant.
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11442 |
Hubert Wood, Respondent v. Linda R.M. Drost and Ronald Drost, Appellants.
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11443 |
Whiteplains Plantation Homeowners Association, Inc., and Manus Construction Corporation, Respondents v. A Capital Auction and Real Estate Company, Fred J. Burns and Sylvia Dawson, Appellants.
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11444 |
Vince Green, Special Administrator of the Estate of James Terry Green, Appellant v. Jerome Alston, d/b/a AA Septic Tank Service, one 1994 Mack truck, one Hudson trailer, and one John Deere backhoe, of unknown date, Respondents.
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11464 |
Zachary T. Williams, Appellant v. The Housing Authority of the City of Columbia and Mike Archie, Defendants, of whom The Housing Authority of the City of Columbia is the Respondent.
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11465 |
Barbara S. Robertson, in her capacity as conservator for Samuel E. Smalls, Jr., Appellant v. Patricia Mitchell, et al., Respondents.
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11466 |
Lamar Advertising of Mobile, Inc. d/b/a Lamar Advertising of Columbia, Appellant v. Li'l Cricket, LLC, Respondent.
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11532 |
The State, Respondent v. Gina Dervin, Appellant.
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11612 |
The State, Respondent v. Joseph Holman, Appellant.
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11615 |
The State, Respondent v. James Robert Bagley, Appellant.
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