PREV | May 2008 | NEXT |
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.
|
|
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.
|
|
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.
|
|
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.
|
|
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.
|
|
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.
|
|
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.
|
|
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.
|
|
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.
|