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Supreme Court Seal
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 7, 2008
Courtroom I
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
15928   Jack H. Biel and Biel & Clark, P.A., Respondents, v. William C. Clark and Clark & Stevens, P.A., Appellants.

Robert L. Widener, of Columbia, for Appellants. Drew A. Laughlin, of Hilton Head Island, for Respondents.

In this action arising out of the dissolution of a law practice, appellant appeals the special referee's finding that contingency fee cases were an asset of the Firm subject to distribution through the dissolution of the Firm.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
15938   Jeffery R. Hart, Respondent, v. South Carolina Department of Transportation, Appellant.

Andrew F. Lindemann, of Columbia, and Scott Timothy Justice, of Springfield, for Appellant SCDOT. David Wesley Whittington, of Summerville, and Charles H. Williams, of Orangeburg, for Respondent.

In this personal injury action, the Department of Transportation appeals a jury verdict for Jeffery Hart, arguing (1) the Department was entitled to sovereign immunity under the South Carolina Tort Claims Act; and (2) the trial judge erred in directing a verdict on the Department's defense of comparative negligence.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
16047   John Doe, Appellant, v. Jane Roe, Respondent.

Holly Huggins Wall, of Johnsonville, for Appellant. Emma Isabelle Bryson, of Columbia, for Respondent. Patricia Lynn Forbis, of Columbia, Guardian Ad Litem.

In this termination of parental rights proceeding, father appeals the family court's termination of his parental rights alleging: (1) the family court did not establish his parental rights following a determination of paternity; (2) mother prevented father from visiting child thereby contributing to father's absence; (3) the family court erred in terminating parental rights based on failure to support the child; (4) the family court erred in finding termination of parental rights is in the child's best interest; (5) termination of parental rights was a violation of father's constitutional right to a relationship with his child.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
15795   Estate of Beatrice K. Carr by and through Beatrice Sue Bolton, Personal Representative, Appellant, v. Circle S Enterprises, Inc. d/b/a Newberry Auto Mart, Respondent.

Paula Howker Amick, of Columbia, and Paul A. James, of North Charleston, for Appellant. Karl S. Brehmer and L. Darby Plexico, III, of Columbia, for Respondent.

The estate of Beatrice Carr appeals the directed verdict granted by the trial court in favor of Circle S. Enterprises as to the estate's causes of action for breach of contract, conversion, negligence, and violations of the South Carolina Unfair Trade Practices Act and the Dealer's Act. The estate first alleges that the trial court erred by entertaining the motion for a directed verdict at the close of all evidence when no motion for a directed verdict was made at the close of the plaintiff's case. Further, the estate alleges that the trial court erred in granting directed verdict because there was sufficient evidence in the record for the submission of the various causes of action to the jury and that the estate was damaged by the conduct of Circle S Enterprises.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
15790   Dean Edgar Wiesart, Appellant, v. Robert M. Stewart, Respondent.

Timothy Kirk Truslow, of North Myrtle Beach, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Attorney General David E. Spencer, of Columbia, for Respondent.

Wiesart appeals the trial court's ruling that S.C. Code Ann. Section 23-3-430(14)(Supp. 2007) is not retroactive.

Thursday, May 8, 2008
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
15837   Kevin Davideit/Keith Davideit, (Deceased), Employee, Appellant, v. Scansource, Employer, and St. Paul Fire & Marine Ins. Co., Carrier, Respondents.

Malcolm M. Crosland, Jr., of Charleston, for Appellant. Donald L. Van Riper, Esq, of Greenville, for Respondents.

In this action for work-related death benefits, the circuit court affirmed the Workers' Compensation Commission's denial of benefits for the death of Keith Davideit. Kevin Davideit appeals on behalf of the decedent.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
15832   Willie L. Jones, Personal Representative of the Estate of Chad Jones, Appellant, v. Leon Lott, Linn Pitts, Gilbert Gallegos and Clark Frady, Individually and in their official capacities with the Richland County Sheriff's Department, Respondents.

Hemphill P. Pride, II, of Columbia, for Appellant. Andrew F. Lindemann, William H. Davidson, II, and Robert D. Garfield, of Columbia, for Respondents.

The estate of Chad Jones appeals the circuit court's grant of a directed verdict in favor of Respondents in this wrongful death and survival action. Appellant contends the circuit court erred in finding that Respondents had no duty to the decedent, that the use of deadly force was objectively reasonable, and that the decedent's escape attempt outweighed any negligence on Respondent's part.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
15863   Ricky Hatcher, Respondent, v. Edward D. Jones & Co., L.P. and David C. Freeman, Appellants.

Sylvia Germaine Eaves, of Marietta, GA, and E. Linwood Gunn IV, of Canton, GA, for Appellants. Michael F. Mullinax, of Anderson, for Respondent.

Edward Jones & Co. appeals the denial of its motion to compel arbitration. Appellant contends the circuit court erred in finding that Hatcher's claims of theft and conversion are outside the scope of the arbitration clause found in the contract.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
15874   D.R. Horton, Inc., Respondent, v. Campus Housing Company, L.L.C., Appellant.

Barry L. Johnson and Jason W. Ward, of Okatie, for Appellant. James M. Herring, and G. Hamlin O'Kelley, III, of Bluffton, for Respondent.

This is a breach of a real estate contract action involving issues of reformation and specific performance.

 12:45 p.m. (Time Limits: 10 - 10 - 5 )  
15825   Silver Bay Seafood Restaurants, Inc., Respondent v. Lynn D. Mann, Appellant___________________________Lynn D. Mann, Third Party Plaintiff, v. Koustantivos Sialmas, Panagiotis Sialmas, Vassilios Sialmas and Larry Velaetis, Third Party Defendants.

R. Lawton McIntosh, of Anderson, for Appellant. Thomas L. Stephenson and Kirsten Elena Small, of Greenville, and Stephen Peterson Groves, Sr., of Charleston, for Respondent.

This case involves cross-claims for breach of a commercial lease.

Tuesday, May 6, 2008
Florence County Council Chambers
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5 )  
15988   Charles Ward and Robby Hodge, d/b/a R&B Amusements, Appellants, v. West Oil Company, Inc., d/b/a Markette Stores, Respondent.

M.M. Weinberg, Jr., Kenneth D. Baker, both of Sumter, and Charles E. Carpenter, Jr. and Carmen V. Ganjehsani, both of Columbia, for Appellants. Martin Driggers, Jr., and William R. Calhoun, Jr., both of Columbia, for Respondent.

In this civil case, Appellants posit the Special Referee committed an error of law by misconstruing a single sentence of the contract so as to: (1) render meaningless the primary contractual rights and duties of the parties; and (2) permit West Oil Company to repudiate at will its contractual duty to allow R&B's game machines in West Oil's convenience stores for a period of one year. The Respondent frames the issues: (1) the standard of review accorded an action tried by a Special Referee is the same as that accorded a bench trial in Circuit Court; (2) the trial court made no error of law; and (3) there is a wealth of evidence to support the trial court's findings of fact.

 
 10:45 a.m. (Time Limits: 10 - 10 - 5 )  
15966   Cody Steven Powell, by and through his Conservator, Kelley H. Kelley, and his natural and legal guardian, Elizabeth Powell, Respondent, v. Bank of America, Karen P. Unrue, and Travis Powell, Defendants and Elizabeth Powell,Defendant/Intervenor, of whom Bank of America is the Appellant/Respondent and Elizabeth Powell is the Respondent/Appellant.

Clarence Davis and T.William McGee, III, of Columbia, for Appellant-Respondent. Helen Tyler McFadden, of Kingstree, for Respondent-Appellant Elizabeth Powell. Jennifer R. Kellahan, W.E Jenkinson, III, and Ronnie Alan Sabb, of Kingstree, for Respondents Cody S. Powell et al, Harry C. Wilson, Jr., of Sumter, for Defendant Karen P. Unrue.

Elizabeth Powell and the Bank of America have filed cross appeals in this action regarding the distribution of funds paid into court by one of Powell's relatives, who was accussed of misappropriating funds that had been deposited with Bank of America.

 
 11:30 a.m. (Time Limits: 10 - 10 - 5 )  
15996   Power Products and Services Company, Inc., Appellant, v. Robert A. Kozma, Longdrive Partners, Ltd., Cheryl C. Ferguson, James V. Hobbs, Lakeland Engineering Corporation, Timothy H. Montgomery, individually and d/b/a River Technologies, LLC, Respondents.

Richard C. Detwiler and Ian D. McVey, of Columbia, for Appellant. David J. Mills, of Georgetown, and Robert L. Widener, of Columbia, for Respondents.

This case involves the issue of personal jurisdiction. Appellant, Power Products and Services Co., Inc. filed a complaint against the respondents, four individuals and three entities, asserting six causes of action arising from the respondents' alleged misappropriation of trade secrets. Appellant maintained jurisdiction was appropriate in South Carolina, alleging the acts of the respondents occurred within this State and the actions complained of are the result of employment based relationships the individual respondents had while associated with appellant. The trial court granted the respondents' motion for dismissal for lack of personal jurisdiction, finding appellant failed to establish the necessary requisites to confer jurisdiction pursuant to both this State's Long Arm Statute and the minimum contacts required to afford due process.

 
 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
15937   Hospital Land Partners, LLC, Appellant, v. South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, Respondent.________________________________Hall Development, Glenn Hall, Carl Hyszczak, Irene Hyszczak, June Darville, Charles Darville, Rose Suess, Carl Suess, George Pendleton, Carl Franklin, Mildred Borbet, Gladys Bride, John Bride, D. C. Abernethy, Leo Wever, Richard Smith, Donald Joy, Joan Joy, Renzo Falcinelli, Nancy Falcinelli, Joyce Utt, Boyd Parker, Anne Parker, Alfred Robertson, Ronald Longnecker, Bonnie Longnecker, William Besemer, Lee Besemer, Richard Geller, John Shaw, Norman Heindel, Stan Petroski, Patricia Hosford, and Leo Reddan, Respondents, v. South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, and Hospital Land Partners, LLC of which DHEC-OCRM is a Respondent and HLP is the Appellant.

Leon Carroll Harmon, of Greenville, for Appellant. Cotton C. Harness, III, of Mt. Pleasant, and James S. Chandler, Jr., of Pawleys Island, for Respondents Hall Development et al. Carlisle Roberts, Jr., of Columbia, and Evander Whitehead, of Charleston, for Respondent SCDHEC.

This case involved the denial of a storm water permit.

 
 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
15967   Beulah Platt, as guardian for Asia Platt, a minor under the age of fourteen years, as Personal Representative of the Estate of Valerie Marie Platt, deceased, and as Personal Representative of the Estate of William Leroy Platt, deceased, Appellant, v. CSX Transportation, Inc., and South Carolina Department of Transportation, Defendants, of whom South Carolina Department of Transportation is the Respondent.

Ronnie Lanier Crosby, of Hampton,and David L. Savage, of Charleston, for Appellant. Jonathan J. Anderson, Lisa A. Reynolds, and Eric M. Johnsen,of Charleston, for Respondent.

In this civil litigation, the Appellant states the issues: (1) the South Carolina Department of Transportation (SCDOT) had a duty to protect the public from the dangerous condition created by the malfunctioning warning device at Red Bank Road; (2) the trial court improperly held that SCDOT satisfied its duty by informing CSX Transportation of the malfunctioning signals; and (3)SCDOT's negligence in failing to maintain the traffic signals in compliance with the signal plans was a proximate cause of the collision. The Respondent, South Carolina Department of Transportation, identifies the issues on appeal: (1) did Respondent SCDOT owe an individual duty to Asia Platt and her family rather than a general duty to the public at large?; (2) did the trial court err in holding Respondent SCDOT properly fulfilled its duty to the public at large by informing CSX Railroad of the malfunctioning signals maintained by CSX railroad in accordance with the Code of Federal Regulations?; and (3) did the trial court err in granting summary judgment to respondnet SCDOT where Appellant's expert testified that the accident would not have occurred but for a malfunction in the railroad crossing arms maintained by CSX railroad?

 
 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
15661   Horry County, Respondent, v. David Parbel, Kristen Parbel, Crystal Kawolski, Stephanie Regalado, & Laura Rajotte, Appellants.

John S. Nichols, of Columbia,and Robert Verner Phillips, of Rock Hill, for Appellants. John L. Weaver, of Conway, for Respondent.

In this litigation, Appellants contend the Circuit Court erred: (1) in ruling on the merits of the County's appeal because this was an appeal from a judgment of acquittal, and the only issue the Circuit Court should have addressed was the motion to dismiss the appeal pursuant to the doctrine of Double Jeopary; (2) in making a finding on appeal that "the Horry County Police Department acted reasonably, appropriately and in accordance with the Horry County Code of Ordinances in their activities at the The Doll House on August 17, 2004," because that issue was not properly before the Circuit Court for it to make such a finding and conclusion; (3) in finding "there is a legal justification for the County's appeal and that, but the timing of the Magistrate's Ruling, the County may have prevailed," because that issue was not before the Circuit Court for it to make such a finding and conclusion; and (4) as a matter of law in denying Appellants' motion for payment of attorney's fee and costs pursuant to the South Carolina Frivolous Civil Proceedings Sanctions Act (the Act), S.C. Code Ann. Section 15-36-10, because the appeal in this matter was reviewed as a civil proceeding before the Court of Common Pleas, the appeal was frivolous since is was an appeal from a directed verdict of acquittal, and the Act applied in this matter. The County of Horry articulates the issues on appeal: (1) may a Circuit Court sit to correct an error of law by a Magistrate Judge, whent that error results in an acquittal on misdemeanor charges, the error is otherwise capable of repitition while evading review, and the County agrees it will not seek retrial?; (2) whether the Circuit Court abused its discretion in declining to award sanctions against the prevailing party.

 
Wednesday, May 7, 2008
Florence County Council Chambers
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
15878   The State, Respondent, v. Christopher Williams, Appellant.

Appellate Defender Eleanor Duffy Cleary, of South Carolina Commission on Indigent Defense, 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 Julie M. Thames, of Columbia, and Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent.

This appeal concerns the defendant's challenge to the trial court's granting the State's "Batson" motion. Following a redraw of the jury, the defendant was convicted and sentenced.

 
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
15867   G. Dana Sinkler and Anchorage Plantation Home Owners Association, Respondents, v. County of Charleston, Charleston County Council and Theodora Walpole and John D. Walpole, Appellants.

Joseph Dawson, III, Bernard E. Ferrara, and Bernice M. Jenkins, of North Charleston, Appellants County of Charleston and Charleston County Council. Gerald M. Finkel, of Charleston, and Sean A. O'Connor, of Charleston, for Appellants Theodora Walpole & John D. Walpole. Trenholm Walker and Francis M. Ervin, of Charleston, for Respondents.

In a declaratory judgment action, the trial court found an ordinance by the Charleston County Council to rezone the Walpoles' property was invalid because the ordinance failed to meet the Enabling Act's requirements and the zoning and land development regulations lacked a process to rezone the property to a planned development district. On appeal, the Walpoles argue the trial court erred by substituting its judgment for the County Council and by misconstruing the applicable statutory authority.

 
Cases to be Submitted Without Oral Argument
14609    In the Interest of James L., a Juvenile Under the age of Seventeen, Appellant.

15729    SGM-Moonglo, Inc., Respondent, v. South Carolina Department of Revenue, Respondent, and Marjorie H. Smith, Appellant.

15754    Murrells Inlet Corporation, Respondent, v. Iva Mae Ward, Appellant.

15781    The State, Respondent, v. James M. Wright A/K/A James Muhammad, Appellant.

15789    Lisa Snavely, Appellant, v. AMISUB of South Carolina, Inc., d/b/a Piedmont Medical Center, Tenet Healthcare Corporation, Tenet South Carolina, Inc., and Eric Eugene Zellner, M.D., Respondents.

15813    Cleveland Sanders, Appellant, v. S.C. Department of Corrections, Respondent.

15829    New Hope Missionary Baptist Church, Respondent, v. Paragon Builders, and Kenneth W. Rose, Defendants, of whom Paragon Builders is the Appellant.

15834    Hobbithouser, LLC, Appellant, v. Thomas L. Crosby, Jr., J & A Construction, and Joe A. Daves, Respondents.

15835    Financial Federal Credit Inc., Appellant, v. Dennis Brown, Gilbert W. Douglas, South Carolina Department of Revenue, and Unisun Insurance Company, Defendants, of whom Dennis Brown is the Respondent.

15838    Ex Parte: Joe W. Kent, Appellant/Respondent. Leroy E. Capps and Harriette Capps, Respondents, v. South Carolina Department of Transportation, Respondent/Appellant.

15849    Celestine Parker, Appellant, v. Robert Brown, Respondent.

15850    Anne T. Persons, Appellant, v. South Carolina Department of Motor Vehicles, Henry McMaster, in his official capacity as the Attorney General of the State of South Carolina, and the State of South Carolina, Defendants, of whom South Carolina Department of Motor Vehicles is the Respondent.

15853    Auvo I. Kempppinen, Appellant, v. Alltel, Respondent.

15855    Jason H. Parker, Appellant, v. R. David Plexico, Ronald Plexico, and Karl Waschkolup, Defendants, Of Whom Ronald Plexico is the Respondent.

15858    The State, Respondent, v. Herbert Lee Bell, Appellant.

15859    The State, Respondent, v. John Matthew Hammett, Appellant.

15860    The State, Respondent, v. Christine Grove, Appellant.

15861    The State, Respondent, v. Ted Dean Hatcher, Jr., Appellant.

15864    First South Bank, Appellant, v. Selective Project Management, Inc. d/b/a Selective Project Management, LLC, J. Michael Leath, and Ann K. Leath, Defendants,Of whom Ann K. Leath is the Respondent.

15866    Denise G. Taylor, Appellant, v. Thomas D. Taylor, Respondent.

15868    Bryan D. Smith, Appellant, v. Ford Motor Company, Respondent.

15869    Jeffrey M. Sapp, Jr., Appellant, v. Ford Motor Company, Respondent.

15870    William S. Catchings, Jr., Respondent, v. South Carolina Department of Motor Vehicles, Appellant.

15871    Brenda R. Babb, Appellant, v. The Estate of Charles L. Watson and Eleanor G. Watson and Pamela A. Watson Fehlig, as personal representatives of the estate of Charles L. Watson, and CLW Investments, Inc., d/b/a Salt MArsh Cove, and Wilbur M. McLamb, individually, Little River Campground, Inc., and Carl Meares, individually, Respondents.

15873    Case No.: 2004-CP-21-488 Calvin Ben Collins, Appellant v. Mark Conrad Frasier, Respondent.__________________Case No.: 2004-CP-21-489 Faye B. Collins, Appellant, v. Mark Conrad Frasier, Respondent.

15875    James "Cal" Bell, Othella Bernard, Katherina Bowyer, Linda M. W. Bratton, Ann T. Bridges, Rance C. Cobb, Jeannie B. Croxton, Bernetha L. Culbreath, William K. Dreyer, Jacqueline D. Farr, Ruth Fritts, Nancy Glenn, Etta Jane Jones, Geneva M. Martin, Mary H. McCabe, Beverly McClanahan, Max D. Randolph, Carolyn McIver Smith, Maggie G. Williams and Paula Woodlief, Respondents, v. South Carolina Department of Corrections and Palmetto Unified School District No. 1, Defendants, of whom South Carolina Department of Corrections is the Appellant.

15876    The State, Respondent, v. Melvin Lamont Timmons, Appellant.

15899    Mortgage Electronic Registration Systems, Inc., as Nominee for Chase Home Finance, LLC, Successor by merger to Chase Manhattan Mortgage Corporation and Terry Wolfe, Purchaser, Respondents, v. Percy L. Fordham, Jr. a/k/a Percy Vonfordham a/k/a Percly L. Forham, Jr., Kathy Lynn Fordham a/k/a L. Fordham a/k/a Kathy Lynn Bruce, Wachovia Bank, National Association, and United States of America acting by and through its agency, The Department of the Treasury-Internal Revenue Service, Defendants, of whom Wachovia Bank, National Association is the Appellant.

15900    Lee Pye, Appellant, v. Mary B. Holmes, Charleston County Magistrate, and Charleston County, Respondents.

15903    The State, Respondent, v. Richard Philyaw Anderson, Appellant.

15925    Savannah Architectural Supply, Inc., Respondent, v. James R. Brady, d/b/a Brady Builders, Appellant.

15927    Carl N. Bryson as Personal Representative of the Estate of Conrad Ardell Bryson and its heirs, Respondent, v. Herman Billy Bryson, Appellant.

15929    Phyllis Anderson, Appellant, v. Louise Williams, Respondent.

15931    Entec Polymers, LLC, Appellant, v. Stabl Corp. Inc. a/k/a Stabl Corporation, Respondent.

15934    In the Matter of the Estate of India B. Hendricks Carl C. Hendricks, Jr., Appellant, v. William P. Hendricks, Individually, and as Joint Personal Representative of the Estate of India B. Hendricks, and Carol H. Waters, Individually, and as Joint Personal Representative of the Estate of India B. Hendricks, Respondents.

15939    Renee McDuffie Holland, Respondent, v. Wells McManus Holland, Appellant.

15941    Dexter Antonio Williams, Petitioner v. State of South Carolina, Respondent.

15944    GORDON GRAVELLE, o/a "CodePro Manufacturing," Appellant, v. KENNETH ROBERTS, an individual, and BEACON SAFE & LOCK, INC., and DOES I through V, and ROE CORPORATIONS VI through X, inclusive,R espondents.

15946    Blondell Terry, Respondent, v. Emory Brown and Virginia R. Hamilton as Delinquent Tax Collector, Defendants, of whom Emory Brown is the Appellant.

15968    Mauricio Leon, Respondent v. State of South Carolina, Petitioner

15982    Historic Charleston Foundation and Preservation Society of Charleston, Appellants, v. The City of Charleston, The City of Charleston Board of Zoning Appeals-Zoning and Library Associates, LLC, Respondents.

16095    Charleston County Department of Social Services, Respondent, v. Sheila Barrs, John D. Barrs and Robert W. Barrs, a child, born 05/07/1989 and Angel Barrs, a child, born 02/20/1995, Defendants, Of Whom John D. Barrs is the Appellant.

16096    South Carolina Department of Social Services, Respondent, v. Christy Pearl, Rodriquez Mobley and John Doe, Defendants, Of Whom Rodriquez Mobley is the Appellant.In the interest of: Pre'Niya Mobley (DOB: 06/10/05) Minor child under the age of 18.