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South Carolina
Judicial Branch
Court of Appeals - Roster of Cases for Hearing

   
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.
Wednesday, May 12, 2004
Courtroom I
(Court convenes at 2:00 p.m.)
 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
12436   Ronnie W. Ellison, Respondent v. Frigidaire Home Products, Employer, and WCI Outdoor Products, Carrier, Appellants.

E. Ros Huff, Jr., of Columbia, for Appellants. Edgar Warren Dickson, of Orangeburg, for Respondent.

In this worker's compensation case, Frigidaire argues the circuit court erred as a matter of law in finding that Ellision was permanently and totally disabled after breaking his left leg, which is a scheduled member body part.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
11992   The State, Respondent v. Larry Lee, Appellant.

Assistant Appellate Defender Aileen P. Clare, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General David A. Spencer, of Columbia, and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

Lee appeals his convictions on several counts of criminal sexual conduct with a minor and a lewd act upon a child, arguing that excessive pre-indictment delay violated his constitutional rights.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
12327   Diane Steffenson, Appellant v. David A. Olsen, Respondent.

John M. Gulledge, of Troy, for Appellant. C. Rauch Wise, of Greenwood, for Respondent.

This post-divorce domestic action questions whether a provision in a Japanese divorce decree is ambiguous and, if so, what it means as it relates to the distribution of military retirement benefits.

Thursday, May 13, 2004
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
12210   Clear Channel Outdoor, f/k/a Eller Media, Respondent v. The City of Myrtle Beach and The City of Myrtle Beach Board of Zoning Appeals, Appellants.

Frances I. Cantwell and William B. Regan, for Appellants. Douglas M. Zayicek and Howell V. Bellamy, Jr., of Myrtle Beach, for Respondent.

In this appeal from a circuit court order reversing a billboard permit denial by the Myrtle Beach Board of Zoning Appeals, the appellant asserts the circuit court improperly characterized the Board's scope of review and misapplied the city's zoning ordinance.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
12262   Ryan Camden, Respondent v. Jeannie Hilton, Appellant.

Andrew F. Lindemann, of Columbia, Lake E. Summers, of Lexington, and Vinton DeVane Lide, of Lexington, for Appellant. James A. Stuckey, Jr., and Gaines W. Smith, both of Charleston, for Respondent.

In this civil action, two jury verdicts were rendered: (1) a verdict for the defendant on a Section 1983 cause of action; and (2) a verdict for the plaintiff for actual and punitive damages on state law claims. The trial judge "conformed" or "reformed" the Section 1983 verdict form after the jury was released by awarding the plaintiff a jury verdict on this claim. The issues involve whether: (1) the jury verdicts were inconsistent; (2) a circuit court judge has the authority to "reform" a jury verdict in the absence of a motion for new trial; and (3) a federal claim under Section 1983 and a state law claim for false imprisonment and/or false arrest are elementally the same.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
12375   J. C. and Nancy Lindsey, Respondents v. Eley and Lisa Vann and I. A. Romo, PLS, Defendants, Of whom Eley and Lisa Vann are, Appellants.

Clarke W. McCants, III, of Aiken, for Appellants. Eric K. Englebardt, of Greenville, for Respondents.

This case questions the location of a property line between neighbors in a subdivision and raises the issue of a mutual acquiescence in its location.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
12370   The State, Respondent v. Michael Gonzales, 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 Assistant Attorney General David A. Spencer, of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

Gonzales appeals his conviction for trafficking methamphetamine, arguing (1) the trial court lacked subject matter jurisdiction because the offense was not specified in section 44-53-375, the statute to which the indictment referred; and (2) the trial court erred in denying his motion to suppress testimony insinuating he was a known drug dealer.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
12397   Keowee Investment Group, LLC and the Cliffs at Keowee Vineyards Community Association, Inc., Respondents v. Pickens County, the South Carolina Department of Transportation, also all other persons unknown claiming any right, title, interest in or lien upon the real estate described herein as a portion of Cleo Chapman Highway; unknown adults as being a class designated as John Doe; unknown infants, persons under disability or in a military service being as a class designated as Richard Roe, Earnest W. Cooler, Jr., Dot Robertson and Roger Gravely, of whom the South Carolina Department of Transportation is the Respondent, and Dot Robertson, Roger D. Gravely, and Will Gravely (as a member of the class of persons designated as John Doe or Richard Roe) are Appellants.

John S. Nichols, of Columbia, for Appellants. David H. Wilkins and Timothy E. Madden, both of Greenville, for Respondents, Keowee Investment Group & Cliffs at Keowee Vineyards. Beacham O. Booker, Jr., of Columbia, for Respondent, SCDOT.

In this road closing case, a group opposing the closing of a road through a neighborhood argued it would deny them unfettered access to a historical church. The circuit court granted the closing when the neighborhood granted access to the church through its gates. The group appeals, arguing the circuit court erred in finding: (1) their post-trial motions were untimely; (2) the road should be closed; (3) title to the road was vested in investors and the homeowners' association; (4) an easement entered into would allow free access and provide security to the area; (5) the closing did not violate a Pickens County resolution; and (6) 4,000 residents who opposed the closing were unaware that they would be given permanent access to the church.

 4:15 p.m. (Time Limits: 10 - 10 - 5 )  
12372   The State, Respondent v. Tracy Willard Daniels, Appellant.

Assistant Appellate Defender Robert M. Dudek, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Harold M. Coombs, Jr., of Columbia, and Solicitor Edgar Lewis Clements, III, of Florence, for Respondent.

This case asks whether the trial court correctly charged the jury on voluntary manslaughter under the specific facts of the case, and asserts the trial court erred in excluding certain expert testimony.

Wednesday, May 12, 2004
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
12366   Beckmann Concrete Contractors, Inc., Respondent v. United Fire and Casualty Co. and Golf Construction of America, Defendants, Of Whom United Fire and Casualty is the Appellant.

Neil S. Haldrup, of Charleston, for Appellant. Daniel T. Brailsford, of Columbia, for Respondent.

In this civil action, the overriding issue is whether the claim pled in the complaint was for a liquidated amount and governed by Rule 55(b)(1), SCRCP, rather than Rule 55(b)(2), SCRCP. Additionally, the Court analyzes the request for relief from a default judgment under the "good cause" standard or the "excusable neglect" standard.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
12389   The State, Respondent v. Aaron Mathis, Appellant.

Acting Chief Attorney Joseph L. Savitz, III, and Assistant Appellate Defender Robert M. Dudek, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Assistant Attorney General W. Rutledge Martin, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent.

In this criminal case, the Court analyzes the defense of double jeopardy based on the grant of a prior mistrial to the State. Additionally, the appellant alleges error in the admission of prior allegations of sexual advances by appellant against the victim.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
12396   Century 21-Grimes & Associates, Inc., Respondent/Appellant v. John E. Benford, Appellant/Respondent, v. The Lachicotte Company, Respondent.

Benjamin H. Culbertson, of Georgetown, for Appellant-Respondent. Charles T. Smith, of Georgetown, for Respondent-Appellant. Ellis R. Lesemann and Amy Y. Jenkins, of Charleston, for Respondent.

This cross-appeal involves a dispute over a real estate commission. John Benford signed a One Time Showing Agreement with Century 21 to sell land. Later he signed an agreement with the Lachicotte Company and finalized a land sale through that company to one of the prospective buyers listed on the Century 21 agreement. A commission was paid to the Lachicotte Company but not to Century 21. Century 21 sued to receive its commission. The circuit court awarded Century 21 a commission of 5% of the sales price and denied Benford's claim against the Lachicotte Company for reimbursement of any obligation to Century 21.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
12308   SCDSS/Child Support Enforcement, O/B/A Washington State and Denise Brady, Plaintiffs, of whom SCDSS/Child Support Enforcement is Appellant v. Thomas S. Carswell, Respondent.

John Edward Chambers, Jr., of Greenville, for Appellant. Adam Fisher, Jr., of Greenville, for Respondent.

In this family court case, the Court reviews the priority of a South Carolina family court order as juxtaposed to a State of Washington family court order in regard to child support. Additionally, the Court discusses with specificity the Full Faith and Credit for Child Support Orders Act (FFCCSOA).

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
12716   The State, Appellant v. Elaine P. Belviso, Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General Deborah R.J. Shupe, of Columbia, and Solicitor Thomas E. Pope, of York, for Appellant. Christopher A. Wellborn, of Rock Hill, for Respondent.

This appeal presents the question of whether the circuit court has jurisdiction to entertain an appeal from a magistrate's court pretrial order suppressing evidence that significantly impairs the prosecution of the case.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  

The following two cases will be heard jointly:

12330   Larry Jones and Charlotte Marie Jones, Appellants v. South Carolina Department of Transportation and Viola Bryan Byson, Respondents.

Darrell T. Johnson, Jr. and Mills Lane Morrison, Jr., of Hardeeville, for Appellants. Marshall H. Waldron, Jr., of Bluffton, for Respondent South Carolina Department of Transportation. James H. Moss, of Beaufort, for Respondent Viola Bryan Byson.

These companion appeals address the efficacy of a Release to non-parties to the instrument, i.e. when does the release of one tortfeasor release others?

12395   Lee Bowers, As Guardian Ad Litem For Jessica May Jones, A Minor Under The Age Of (18), Plaintiff v. South Carolina Department Of Transportation, Respondent, and Viola Bryan Byson, Appellant._____Larry Jones and Charlotte Marie Jones, Respondents, v. South Carolina Department of Transportaition, Respondent and Viola Bryan Byson, Appellant.______Tiffany Miranda Jones, Plaintiff v. South Carolina Department of Transportation, Respondent.

James H. Moss, of Beaufort, for Appellant. Darrell T. Johnson, Jr., of Hardeeville, for Respondents Larry Jones & Charlotte Jones. Marshall H. Waldron, Jr., of Bluffton, for Respondent South Carolina Department of Transportation.

These companion appeals address the efficacy of a Release to non-parties to the instrument, i.e. when does the release of one tortfeasor release others?

Cases to be Submitted Without Oral Argument
12232    Carroll D. Richey, Employee, Appellant v. Becton Dickinson, Employer, and Travelers Property Casualty Co., Carrier, Respondents.

12234    Ronnie Armstrong and Tillie Armstrong, Appellants v. Food Lion, Inc., Respondent.

12238    In the Matter of the Care and Treatment of Andrew L. Williams, Appellant.

12298    Timothy R. Sponar, Respondent v. South Carolina Department of Public Safety, Appellant.

12309    SC Department of Social Services, Respondent v. Jacqueline D. Sims; Stanley S. Bates; Maurice Lucas; Eugene Kinard; John Doe I.; John Doe II.; John Doe III.; Mark Sims, a minor child born August 30, 1984; Heather Sims, a minor child born January 2, 1986, and Demarios Sims, a minor child born June 20, 1991, Defendants, of whom Jacqueline D. Sims is the Appellant.

12312    Janette Clayton, Respondent v. Lands Inn, Inc., d/b/a Lands Inn and Comfort Inn, Defendants, of whom Lands Inn, Inc. d/b/a Lands Inn is the Appellant.

12323    Brett Bursey and Mining Association of South Carolina, Respondents, v. South Carolina Department of Health and Environmental Control and South Carolina Electric and Gas Company, Appellants.

12329    Jill H. McCall, Appellant v. State Farm Mutual Automobile Insurance Company, Kimberly J. Sullivan and Marcia Hardy, Respondents.

12335    The State, Respondent v. Craig L. Atchison # 2, Appellant.

12338    Quay Drakeford, Appellant v. New South, Inc., Respondent.

12339    Gerald T. Hatcher and Martha Jean Hatcher, Appellants v. Tammy S. Hornsby Moore, and Skylar Hatcher, a minor under the age of fourteen (14) years, Respondents.

12340    John A. Hall, Appellant v. South Carolina Department of Public Safety, Respondent.

12350    Robert H. Charron, d/b/a Liberty Ministries, Respondent v. Horton Homes, Inc., Appellant.

12351    George A. Sowell, Appellant v. Mayme Gust Sowell, Respondent.

12352    South Carolina Department of Social Services, Respondent, v. Debra Mathews and John Doe the unknown father of Letisha Mathews, and Letisha Mathews DOB 4/19/93, Defendants,of whom Debra Mathews is Appellant.

12354    Kimberly F. Dunham, Respondent v. Michael David Coffey, Appellant.

12364    Dwayne Elliott Johnson SID# 00839384, Respondent, v. The South Carolina Department of Probation, Parole and Pardon Services, Appellant.

12367    Dale Shaffer, Appellant v. Adam Bacot, Respondent.

12368    Nationwide Insurance Company, Respondent v. Barbara Smith, David Smith and Donald M. Brandt, Defendants, of whom Barbara Smith and David Smith are, Appellants.

12376    Vaughn Coltrane & Associates, Inc.,Plaintiff, v. LaM Distribution, LLC and Fidelity & Deposit Company of Maryland, Defendants.__________________LaM Distribution, LLC, Appellant, v. Vaughn Coltrane & Associates, Inc., KCV Construction Services, Inc.; Albert V. Coltrane, P.E., Respondents.

12391    Mary Catherine R. Furtick, Respondent v. Colby W. Furtick, Appellant.

12394    Mary Ann Brinson, Appellant v. Lexington Medical Center Extended Care, Respondent.

12398    Centura Bank, Respondent v. Norma J. Cox, Appellant.

12410    Harmon James Weldon, Appellant v. Tiger Town RV and Marine Center, Inc., Tracker Marine, LP, and Brunswick Corporation, Inc., Respondents.

12429    Jean Huggins and David Lindsay, as Personal Representative of the Estate of John C. Lindsay, Jr., deceased, Appellant, v. Bruce A. Ericson and South Carolina Farm Bureau Mutual Insurance Company, Respondents.

11697    The State, Respondent v. Patrick Guess, Appellant.

12144    Lazer Construction Company, Inc., Respondent v. Arnold H. Valentine, Individually and d/b/a Financial Benefits, Inc., Appellant.

12158    Susan Edens, Personal Representative of the Estate of Christopher Edens, deceased, Appellant v. Loris Bellini, S.p.a., Camel Robot S.r.i., Symtec, Inc., IDEA, Inc., Milliken & Company, Kelvin Statom, Kevin Gingerich and Dale Coy, Defendants, Of whom Milliken & Company, Kelvin Statom, Kevin Gingerich and Dale Coy are the Respondents.

12084    David W. Goldman and Emilie E. Goldman, Respondents v. RBC, Inc., Appellant.

12162    Kevin McCrowey, Appellant v. The Zoning Board of Adjustment of the City of Rock Hill, South Carolina, Respondent.