Supreme Court Seal
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.
Monday, May 7, 2012
Courtroom I
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18909   Creative Communications Services, Inc., Respondent, v. Travelers Property Casualty Company of America and PAD Able Inc., d/b/a Harold R. Beard Agency, Defendants, of whom Travelers Property Casualty Company of America is the Appellant.

Byron P. Roberts and Rebecca Anne Roberts, of Chapin, for Appellant. Ian D. McVey and Richard C. Detwiler, of Columbia, for Respondent.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
19193   Richard B. Funny, Appellant, v. Franklin Tucker and Jane Doe and John Doe, being fictitious names used to designate any and all heirs-at-law of Nancy Funny, Betty Free, Joseph Funny, Viola Funny, Freddie Brown, Mary Richardson, Willie Richardson, Sarah Washington, Viola Bromell, Willie B. Funny and Richard Allston their devisees, distributees, legatees, or representatives of the said Nancy Funny, Betty Free, Joseph Funny, Viola Funny, Freddie Brown, Mary Richardson, Willie Richardson, Sarah Washington, Viola Bromell, Willie B Funny and Richard Allston, including such of them that may be minors, incompetents or persons suffering under any legal disability, and any and all persons claiming any right, title or interest or lien upon the real estate described in the Complaint in this action, whether they are under legal disability or in the armed forces of the United States of America, Respondents.

Louis R. Morant, of Georgetown, for Appellant. Charles T. Smith, of Georgetown, for Respondent. Sean T. Phelan, of Georgetown, Guardian Ad Litem.

Richard B. Funny appeals the order of the Master-in-Equity refusing to quiet title to property in Funny and denying Funny's request of an injunction against Franklin Tucker preventing him from entering the property.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
19189   Gregory A. Collins (Deceased), Employee, Claimant, Respondent, v. Seko Charlotte and Nationwide Mutual Insurance Company, Respondents, v. West Expedited & Delivery Service, Inc., Defendant, v. Seko Worldwide and Federal Ins. Co., Defendants, v. Uninsured Employers Fund, Appellant.

Timothy Blair Killen, of Columbia, for Appellant. Linda Byars McKenzie, of Greenville, for Respondent Gregory Collins. Weston Adams, III, and Helen F. Hiser, of Columbia, for Respondents Seko Charlotte and Nationwide Mutual Insurance Company.

In this appeal of the South Carolina Workers' Compensation Commission's award for fatal injuries suffered by Gregory A. Collins (deceased), the South Carolina Workers' Compensation Uninsured Employers' Fund argues the Commission erred in (1) finding Collins was not the statutory employee of Seko Charlotte, Inc. (Seko); (2) finding the "coming and going rule" barred Collins' recovery as to West Expedited & Delivery Service, Inc. (West), but not as to Seko; (3) finding Collins was a "traveling employee" as to West, but not as to Seko; (4) finding the method of payment was dispositive in determining the statutory employment relationship; (5) applying Georgia law; and (6) finding Collins would have been a gratuitous worker if considered a statutory employee of Seko at the time of his injuries.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
19206   Willie Homer Stephens, Guardian ad Litem for Lillian C., a minor, Appellant, v. CSX Transportation, Inc. and South Carolina Department of Transportation, Respondents.

John E. Parker, J. Paul Detrick, and Grahame E. Holmes, of Hampton, for Appellant. Carl H. Jacobson, of Charleston, for Appellant. J. Arthur Davison and James Purcell, of Augusta, GA, for Respondent CSX Transportation, Inc. Ronald Wray and Thomas Vanderbloemen, of Greenville, for Respondent CSX Transportation, Inc. Peden B. McLeod, of Walterboro, for Respondent South Carolina Department of Transportation. Andrew Lindeman, of Columbia, for Respondent South Carolina Department of Transportation.

Willie Stephens, as Guardian ad Litem for Lillian C., argues the circuit court erred in denying Stephens' motion for directed verdict and for judgment notwithstanding the verdict as to CSX Transportation's negligence for failure to sound its whistle and for failure to clear a railroad crossing. Stephens also argues he is entitled to a new trial due to (1) the erroneous admission and rejection of evidence by the circuit court and (2) the failure of the circuit court to properly charge the jury.

 12:40 p.m. (Time Limits: 10 - 10 - 5)  
18869   Thunder Island Development, LLC, and Dan Keener, Appellants, v. Kennedy Funding, Inc., Jonathan Weiner, Kevin Wolfer, Henry Haskell, Amvest, LLC, and Mark S. Kelly, Respondents.

James O. Hale and Sean Michael Bolchoz, of Hilton Head Island, for Appellants. O. Edward Liipfert and Mary E. Sharp, of Beaufort, for Respondents. Jason Wayne Ward and Barry L. Johnson, of Okatie, for Respondents.

Thunder Island Developments, LLC, sought reimbursement for the advanced fee it paid Kennedy Funding, Inc. for a broker loan for a property purchase. Kennedy Funding's letter of intent specified that New Jersey law applied to the transaction. The master-in-equity granted summary judgment for Kennedy Funding, finding the choice of law provision precluded the application of South Carolina law prohibiting a broker from charging an advanced fee. Thunder Island appeals.

Tuesday, May 8, 2012
Courtroom I
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
19287   Elizabeth Hughes, Appellant, v. Bank of America, Respondent.

John Robert Peace, of Greenville, for Appellant. William Stevens Brown and Dowse B. Rustin, IV, of Greenville, for Respondent.

Elizabeth Hughes appeals the order of the trial court granting summary judgment to Bank of America in a breach of contract case concerning the bank's right of setoff to cover her overdrafts.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
19240   David Browder, Respondent, v. Ross Marine, LLC, Swygert Shipyards, Inc., Sandblasters, Inc., Arthur R. Swygert, Jr., Arthur Swygert, Sr. and Cathy Speights, Appellants.

William A. Scott, of Charleston, for Appellants. Michael W. Sautter, of Charleston, for Respondent.

In this appeal of the trial court's order confirming an arbitration award finding David Browder entitled to damages under an employment agreement, Ross Marine, LLC, Swygert Shipyards, Inc., Sandblasters, Inc., Arthur R. Swygert, Jr., Arthur Swygert, Sr., and Cathy Speights appeal, arguing the trial court erred in refusing to vacate the arbitration award on the ground the arbitrators acted in manifest disregard of the law.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
19038   The State, Respondent v. James Walter Thompson, IV, Appellant.

Appellate Defender Kathrine Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, for Respondent.

James Walter Thompson was convicted of two counts of assault and battery of a high and aggravated nature, one count of assault and battery with intent to kill, and one count of possession of a weapon during the commission of a violent crime. He appeals the convictions, arguing that the circuit court erred by refusing to include in its self-defense jury charge an instruction that the jury determine whether Thompson's brother was the initial aggressor and, if so, whether the force used by others in the fight was excessive such that Thompson acted in defense of his brother.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
19268   The State, Respondent, v. Jack Harrison, Jr., Appellant.

Jack B. Swerling, of Columbia, and Katherine Carruth Goode, of Winnsboro, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent.

In this criminal matter, Jack Harrison, Jr. was indicted for misrepresenting identity to a law enforcement officer, possession of marijuana, and possession with intent to distribute methamphetamine. Harrison pled guilty to the charge of misrepresenting his identity, and was convicted of the marijuana and methamphetamine charges. Harrison appeals asserting the trial court erred in (1) admitting evidence obtained as a result of a traffic stop because the basis of the stop was a ruse and the officers did not have reasonable suspicion or probable cause; (2) admitting the marijuana and methamphetamine evidence because the officers exceeded the appropriate parameters for a warrantless search; and (3) admitting the methamphetamine evidence because the State failed to establish a complete chain of custody.

Wednesday, May 9, 2012
Courtroom I
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
19187   Jake E. Cupstid, Respondent/Appellant, v. Jimmie D. Fogle, Appellant/Respondent.

Michael P. Horger, of Orangeburg, for Appellant/Respondent. James D. Nance, of Aiken, for Respondent/Appellant.

These cross-appeals arise out of a judgment by the trial court in which the court treated a claim brought by Jake E. Cupstid as a trespass action. Jimmie D. Fogle appeals, arguing the trial court erred in (1) holding Cupstid is not required to prove he held legal title to the property at issue; (2) holding Cupstid is not estopped to claim any interest in the disputed property; (3) permitting Cupstid to present an expert to testify about the law; and (4) awarding Cupstid actual damages of $20,000, punitive damages of $10,000, and a permanent injunction against Fogle trespassing on the property. Cupstid appeals the award of $20,000 in actual damages, arguing the evidence in the record only supports a finding of $86,400 in actual damages.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
19281   Howard Hammer, Appellant, v. Shirley Hammer, a/k/a Shirley Grace Hightower, Respondent.

Susan Batten Lipscomb, of Columbia, for Appellant. Desa Ballard and Stephanie Weissenstein, of West Columbia, for Respondent.

Howard Hammer appeals the circuit court's order dismissing his complaint for lack of subject matter jurisdiction. Hammer argues the circuit court erred in dismissing his complaint, which sought a declaratory judgment and other relief in connection with a contract between the parties, because: (1) the record contained no admissible evidence to support the court's findings; (2) the court improperly relied on Mosely v. Mosier, 278 S.C. 348, 306 S.E.2d 624 (1983); and (3) the South Carolina Code does not provide for exclusive family court jurisdiction of the matter.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
19242   McDonnell and Associates, PA, f/k/a McDonnell Law Firm, PA, f/k/a Edward G. McDonnell, PC, and Bomerang Title, Inc., Appellants, v. First Citizens Bank and Trust Company, Inc., Respondent.

L. Henry McKellar and Amy L. Neuschafer, of Columbia, for Appellants. John T. Lay, Wesley F. Few, and Jake S. Barker, of Columbia, for Respondent.

On appeal, McDonnell and Associates, PA, et. al. and Boomerang Title, Inc. (collectively, McDonnell) argue the circuit court erred in granting summary judgment to First Citizens and Trust Company, Inc. (First Citizens) based on McDonnell's failure to adduce evidence demonstrating First Citizen's lack of ordinary care.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
19251   Barrett Bernard Harris, Petitioner, v. State of South Carolina, Respondent.

Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Assistant Attorney General Susan White, of Office of the Attorney General, of Columbia, for Respondent.

Harris appeals the trial court's dismissal of his action for post-conviction relief from his conviction for possession with intent to distribute crack cocaine, third offense, arguing (1) his trial counsel was ineffective in failing to investigate whether his prior drug convictions constituted a continuous course of conduct such that he should have been convicted as only a second-time drug offender and (2) his trial counsel's failure to raise the continuous course of conduct issue at trial amounted to ineffective assistance of counsel because the omission prohibited appellate review of this argument in Harris's direct appeal.

Tuesday, May 22, 2012
Courtroom I
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
19278   T. Patrick Broyhill, Respondent/Appellant, v. Resolution Management Consultants, Inc., Gerard P. O'Keefe, Jeffrey B. Kozek, and Thomas Cummings, Defendants, Of whom Resolution Management Consultants, Inc., Gerard P. O'Keefe, and Jeffrey B. Kozek are Appellants/Respondents.

John J. Pringle, Jr., of Columbia, for Appellants/Respondents Resolution Management and Jeffrey Kozek. Julius Holman Hines, of Charleston, for Appellant/Respondent Gerard P. O'Keefe. John T. Lay, Jr., of Columbia, for Appellants/Respondents Resolution Management and Jeffrey Kozek. Stanley E. Barnett, of Mt. Pleasant, for Respondent/Appellant.

In this cross-appeal stemming from the dissolution of an employee/employer relationship, Resolution Management Consultants (RMC) argues the trial court erred in (1) denying its motion for a directed verdict on T. Patrick Broyhill's malicious prosecution claim because (a) it established probable cause as a matter of law when Broyhill's motion for summary judgment on the underlying claim asserted by RMC was denied, (b) Broyhill presented no evidence that RMC lacked probable cause to bring the underlying claims and acted with malice, and (c) Broyhill failed to satisfy the standard for an award of punitive damages in a malicious prosecution case; (2) failing to properly instruct the jury about the impact of the denial of Broyhill's motion for summary judgment as to RMC's claim against him in the underlying case; (3) allowing Broyhill's counsel to make closing arguments that were intended to appeal to and inflame the jury's passions and prejudices; (4) allowing evidence to be admitted that was improper or the probative value was outweighed by the risk of prejudice and refusing to admit other relevant evidence; and (5) allowing a jury verdict that was the product of passion, confusion, prejudice, and emotion to stand. Broyhill appeals, arguing the trial court erred in granting a directed verdict and dismissing his claims for (1) malicious prosecution against the individual defendants, Jeffrey Kozek, Gerard O'Keefe, and Thomas Cummings, and (2) civil conspiracy against all defendants.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
19279   Terrence J. Hickey, Appellant/Respondent, v. Resolution Management Consultants, Inc., Gerard P. O'Keefe, Jeffery B. Kozek, and Thomas Cummings, Defendants, Of whom Resolution Management Consultants, Inc., Gerard P. O'Keefe, and Jeffery B. Kozek are Respondents/Appellants.

Stanley E. Barnett, of Mt. Pleasant, for Appellant/Respondent. John J. Pringle, Jr., of Columbia, for Respondents/Appellants Resolution Managment and Jeffrey Kozek. Julius Holman Hines, of Charleston, for Respondent/Appellant Gerard P. O'Keefe. John T. Lay, Jr., of Columbia, for Respondents/Appellants Resolution Managment and Jeffrey Kozek.

In this cross-appeal stemming from the dissolution of an employee/employer relationship, Terrence Hickey argues the trial court erred in granting a directed verdict and dismissing his claims for (1) malicious prosecution against the individual defendants, Jeffrey Kozek, Gerard O'Keefe, and Thomas Cummings, and (2) civil conspiracy against all defendants. Resolution Management Consultants (RMC) appeals, arguing the trial court erred in denying its motions for a directed verdict on Hickey's malicious prosecution claim because (1) RMC established probable cause as a matter of law when Hickey's motion for summary judgment on the underlying claim asserted by RMC was denied, and (2) Hickey presented no evidence that RMC lacked probable cause to bring the underlying claims and acted with malice.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
19159   Angela Jo Branyon Shehan, Respondent, v. Richard Allen Shehan, Appellant.

J. Falkner Wilkes, of Greenville, for Appellant. David James Brousseau, of Anderson, for Respondent. Brian Keith James, of Easley, Guardian Ad Litem.

This appeal arises from an order of the family court involving an antenuptial agreement between Husband and Wife. Husband appeals, asserting error in (1) the family court's award of an interest in Husband's separate property to Wife, and (2) the family court's award of attorney fees to Wife.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
19283   Deborah Grostick, Administratrix of the Estate of Herman Grostick, II, Appellant, v. Lawrence Malcolm Minor and Cannon Roofing, LLC, Defendants, Of Whom Lawrence Malcom Minor is the Respondent.

E. Lloyd Willcox, II and William Reynold Williams, of Florence, for Appellant. Kirby D. Shealy III, of Columbia, for Respondent.

Deborah Grostick, as personal representative of the estate of Herman Grostick, argues the circuit court erred in (1) denying her motion for a new trial as the verdict was unsupported by the evidence; (2) denying motions regarding Minor's liability for the automobile accident; and (3) redacting certain exhibits in a way that confused the jury.

Wednesday, May 23, 2012
Courtroom I
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
19195   Duke Energy Carolinas, LLC, Respondent, v. South Carolina Department of Health and Environmental Control, South Carolina Attorney General, American Rivers, and The South Carolina Coastal Conservation League, Defendants, Of whom South Carolina Department of Health and Environmental Control and American Rivers and The South Carolina Coastal Conservation League are Appellants.

Stephen Philip Hightower, of Columbia, for Appellant South Carolina Department of Health and Environmental Control. Frank S. Holleman, III, of Charleston, for Appellants American Rivers and The South Carolina Coastal Conservation League. Christopher K. DeScherer and James Blanding Holman, IV, of Charleston, for Appellants American Rivers and The South Carolina Coastal Conservation League. James W. Potter, W. Thomas Lavender, Jr., and Joan W. Hartley, for Respondent Duke Energy.

In this appeal from the Administrative Law Court (ALC), the South Carolina Department of Health and Environmental Control (DHEC), American Rivers, and the South Carolina Coastal Conservation League (SCCCL) argue the ALC erred in granting Duke Energy Carolinas, LLC's (Duke) motion for summary judgment. DHEC contends the ALC erred in (1) determining that DHEC's review of Duke's water quality certification application was not timely; and (2) holding DHEC waived its right to issue a water quality certification to Duke. American Rivers and SCCCL argue the ALC erred in (1) refusing to give effect to Regulation 61-30; (2) finding the DHEC decision was not timely; (3) interpreting Regulation 61-101; (4) ignoring that Duke is estopped from contesting the timeliness of DHEC's decision; and (5) refusing to recognize that Duke waived any challenge to DHEC's decision and the State's certification authority.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
19284   Ann Dreher, Appellant, v. South Carolina Department of Health and Environmental Control, Respondent.

Christopher M. Holmes, of Mt. Pleasant, and Leslie S. Riley, of Charleston, for Appellant. Carlisle Roberts, Jr, of Columbia, and Bradley D. Churdar, of Charleston, for Respondent.

In this appeal, Ann Dreher (Dreher) argues her land is exempt from the Coastal Islands regulatory restrictions because it is part of Folly Island. In addition, Dreher asserts a permit should have been issued because she demonstrated de minimus environmental impacts from bridge construction.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
19358   The State, Respondent, v. Jeffery Wesley, Appellant.

Appellate Defender LaNelle C. Durant, S.C. Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Mark R. Farthing, of Columbia, and Solicitor William Benjamin Rogers, Jr., of Bennettsville, for Respondent.

Jeffery Wesley appeals his conviction of possession of marijuana with intent to distribute. He argues the trial court erred in denying his motion to suppress drugs and money seized during a traffic stop because the vehicle in which he was a passenger was stopped for not having its headlights on even though the stop occurred within thirty minutes after sunset. The State maintains the stop was supported by probable cause and the driver consented to the vehicle search.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
19312   Robin M. Holmes, Appellant, v. Rita Kay Holmes, Respondent.

M. Noel Turner, III, Richard H. Rhodes,and Ryan F. McCarty of Spartanburg, for Appellant. Kenneth Philip Shabel, of Spartanburg, for Respondent.

Robin Holmes appeals the family court order denying his request to terminate or reduce his alimony obligation.

 12:40 p.m. (Time Limits: 10 - 10 - 5)  
19556   South Carolina Department of Social Services, Respondent, v. Kelcie Cohen, Antonio Dunifer, Benjamin Mills, Tyrone Norman and Jessie Hardy, Defendants, Of whom Kelcie Cohen is the Appellant. In the interest of two minor children.

Melinda Butler, of Union, for Appellant. David E. Simpson, of Rock Hill, for Respondent. Amy Gibson Richmond, Guardian ad Litem.

Thursday, May 24, 2012
Courtroom I
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
19282   Lehua Figueroa and Nohealani Figueroa, Respondents, v. CBI/Columbia Place Mall, LLC, and ERMC, II, LLP, Appellants.

R. Hawthorne Barrett and Shannon F. Bobertz, of Columbia, for Appellants. Dietrich Andre' Lake, of Columbia, for Respondents.

In this action for false arrest and malicious prosecution, Appellants CBI/Columbia Place Mall, LLC, and ERMC II, LLP, seek review of the denial of their motion for a new trial. They argue that a juror's conversation with the trial judge regarding the jury's obligation to award punitive damages improperly influenced the verdict. Appellants also argue that the trial court erred in excluding an audio recording of Respondents yelling profanities immediately before their arrest.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
19191   Brandon Hardwick, Appellant, v. Brandon Jones, Respondent.

Akim Angelo Anastopoulo, of Charleston, for Appellant. Margaret Mary Urbanic, of Charleston, for Respondent.

This appeal arises out of an order of the circuit court granting Respondent Brandon Jones' motion to enforce a settlement agreement. On appeal, Appellant Brandon Hardwick argues the circuit court erred because: (1) due process requires that a settlement agreement be reduced to writing, include all material terms, and be signed by the parties before it is enforceable; (2) there are material questions of fact as to whether an oral agreement existed and what terms it included; and (3) the court added additional and inconsistent terms to the purported agreement.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
19144   Southern Glass & Plastics Company, Inc., Appellant, v. Kemper, A Unitrin Business, Respondent.

Robert L. Jackson, of Columbia, for Appellant. Ashley Berry Stratton, of Columbia, for Respondent.

This appeal arises from a relationship between Appellant, an automobile glass repair and replacement business, who performed replacement services for Respondent's insureds. Appellant contends the trial court erred in granting summary judgment to Respondent and determining the parties entered into an enforceable contract.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
19292   John R. Tally, Appellant, v. Byron Roberts, Rebecca Roberts, Benjamin Williams, IV, and Abernethy & Company, PC, Respondents.

John R. Tally, pro se, Appellant. Steven R. Anderson, of Columbia, for Respondents Byron and Rebecca Roberts. R. Davis Howser and Andrew E. Haselden, of Columbia, for Respondents Benjamin Williams IV and Abernethy & Co. PC.

In this breach of contract action, Appellant John R. Tally challenges the trial court's ruling that section 736(a) of the Internal Revenue Code applied to the sale of his partnership interest in a law firm to Respondent Byron Roberts. Tally also challenges the trial court's failure to receive evidence on the issue of attorney's fees and costs.

Monday, May 7, 2012
Courtroom II
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
19037   The State, Respondent, v. Frank Varn, Appellant.

Appellate Defender Tristan Shaffer, of South Carolina Commission on Indigent Defense, of Columbia, for Appellan. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, of Office of the Attorney General, of Columbia, for Respondent.

This appeal arises out of an order of the circuit court reversing the magistrate's suppression of testimony at trial. On appeal, Appellant Frank Varn argues the circuit court erred in finding the magistrate abused her discretion in suppressing testimony of the State's witness.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
19263   The State, Respondent, v. Thomas Patrick Hilliard, Appellant.

Chief Appellate Defender Robert Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General David Spencer, of Office of the Attorney General, of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent.

Appellant Thomas Hilliard appeals his conviction for voluntary manslaughter. On appeal, Hilliard argues the trial court erred in allowing Hilliard to be impeached with (1) evidence of his prior conviction for obstruction or hindering a law enforcement officer and (2) with evidence of his prior conviction for second degree burglary.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
19186   Hal H. Boyd, Appellant, v. Liberty Life Insurance Company and SelectQuote Insurance Services, Respondents.

George J. Kefalos, of Charleston, and Michelle Nicole Endemann, of Charleston, for Appellant. Robert F. Goings, of Columbia, for Respondents.

In this breach of contract action, Appellant Hal Boyd appeals the circuit courts grant of summary judgment to Respondents Liberty Life Insurance Company and SelectQuote Insurance Services, arguing the circuit court erred in finding a contract for life insurance did not exist between the parties. Boyd contends the trial court erred in finding his authorization to pay the insurance premium by bank draft did not constitute sufficient consideration for the formation of a life insurance contract.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
19285   Patricia E. King and Robbie King Jones, as representatives of W.R. King and Ellen King, Plaintiffs, Of Whom Patricia E. King, as Representative of W.R. King and Ellen King is, Respondent, v. Margie B. King and Robbie Patricia Ione King, individually and as co-personal representatives of the Estate of Christopher C. King, deceased, and Nelson M. King, Chester Telephone Company, Defendants, Of Whom Margie B. King and Robbie Patricia Ione King, individually and as co-personal representatives of the Estate of Christopher C. King, deceased, and Nelson M. King are Appellants.

Timothy F. Rogers and Richard L. Whitt, of Columbia, for Appellants. Kenneth Wingate and John E. Tyler, of Columbia, for Respondent.

Appellants Margie King, Robbie King, and Nelson King appeal an order of the trial court denying their counterclaim for an accounting. On appeal, Appellants argue the trial court erred in (1) refusing to proceed with an accounting in violation of the law of the case doctrine and (2) rejecting Appellants' estoppel argument

Tuesday, May 8, 2012
Courtroom II
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
19089   Gregory H. Jenkins, Respondent, v. Shaniqua D. Jenkins, Appellant.

Shaniqua Depree Green, fka Shaniqua Jenkins, of Charleston, for Appellant. Justin S. Byars, of Columbia, for Respondent.

Shaniqua D. Jenkins (Wife) appeals the family court's division of the marital estate, including Husband’s retirement plan, arguing the date of valuation for the retirement plan and the overall distribution was incorrect. In addition, Wife asserts the family court’s reliance on Wolfe's jurisprudence was a violation of her equal protection rights because it relies on outdated notions regarding women. Wife also claims the family court improperly imputed additional income to Husband and improperly reduced Husband’s child support obligation. Finally, Wife argues Husband’s assertion that vehicle debt is not subject to equitable distribution is flawed because there is significant evidence of joint benefit.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
19143   Town of Arcadia Lakes, Robert L. Jackson, Linda Z. Jackson, Robert E. Williams, Barbara S. Williams, Elizabeth M. Walker, Louis E. Spradlin, Thomas Hutto Utsey, Tony Sinclair, Aaron Small, Bette Small, Gene F. Starr, M.D., Elaine J. Starr, Sanford T. Marcus, Ruth L. Marcus, and Steven Brown, Appellants v. South Carolina Department of Health and Environmental Control and Roper Pond, LLC, Respondents.

Amy E. Armstrong, of Pawleys Island, for Appellants. Stephen B. Hightower and Roger P. Hall, of Columbia, for Respondent SCDHEC. Joan W. Harley and W. Thomas Lavender, of Columbia, for Respondent Roper Pond, LLC.

The Town of Arcadia Lakes and others appeal an order issued by the Administrative Law Court upholding DHEC's authorization of coverage to Respondent Roper Pond, LLC, for land-disturbing activities in connection with the construction of a multi-family residential development under a previously issued general permit for the discharge of storm water in connection with the proposed construction.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
19170   The State, Respondent, v. Christopher Broadnax, Appellant.

Appellate Defender LaNelle Durant, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Attorney General Harold Coombs, Jr., of Office of the Attorney General, of Columbia, for Respondent.

In this criminal case, Christopher Broadnax appeals his convictions for armed robbery and kidnapping arguing the trial court erred in (1) admitting his prior convictions; (2) denying his motion to withdraw the life without parole notice; (3) denying his motion to withdraw life without parole; and (4) denying his motion to inform the jury he was facing the mandatory sentence of life without parole.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
19183   The State, Respondent, v. Christopher Manning, Appellant.

Appellate Defender Lanelle Durant, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Asssistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General David Spencer, of Office of the Attorney General, of Columbia, for Respondent.

In this appeal, Manning asserts the trial court erred by (1) denying his motion to dismiss the case because the State violated section 56-5-2953 of the South Carolina Code (Supp. 2011) by failing to provide an affidavit of the arresting officer certifying that it was physically impossible to provide a video recording as required by the statue when the arrestee needed emergency medical treatment; (2) denying Manning's motion to suppress the blood test evidence pursuant to section 56-5-2946 of the South Carolina Code (Supp. 2011) because there was not sufficient probable cause for an arrest; (3) denying Manning's motion for a mistrial based on prejudice suffered by Manning after the trial court severed the felony DUI charge and the possession of a schedule three substance charge after the jury was aware Manning was being tried on both charges; and (4) in charging the jury on section 56-5-2950(b) of the South Carolina Code (Supp. 2011).

Wednesday, May 9, 2012
Courtroom II
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
19247   Elizabeth M. Zetz, Appellant, v. Michael R. Zetz, Respondent.

Pope D. Johnson, III, of Columbia, for Appellant. Howard Sheftman, of Columbia, for Respondent.

In this family law case, Appellant argues the court erred in reducing child support. In calculating the support, the Appellant contends the court applied an improper standard, the guidelines for support were not followed in imputing income, and there was insufficient evidence to warrant a reduction of child support.

 10:40 a.m. (Time Limits: 10 - 10 - 5)  
19246   Patricia Stukes, Appellant, v. Lee County School District Board of Trustees, Respondents.

Elizabeth Dalzell, of Columbia, for Appellant. Peter Erwin Keup, of Columbia, for Respondent.

Appellant Patricia Stukes contends the circuit court erred in affirming the Lee County School District Board of Trustees' decision to not renew her teaching contract. Stukes asserts that the School District failed to comply with the provisions of the South Carolina Teacher Employment and Dismissal Act.

 11:20 a.m. (Time Limits: 10 - 10 - 5)  
19293   William F. Pearson, M.D., Respondent, v. Hilton Head Hospital a/k/a Hilton Head Health System, L.P., Tenet Healthsystem Medical, Inc., Tenet Physician Services-Hilton Head, Inc. and LOCUMTENENTS.COM, LLC.,Defendants, Of whom, Hilton Head Hospital a/k/a Hilton Head Health System, L.P., Tenet Healthsystem Medical, Inc. are the Appellants.

C. Mitchell Brown and Sue Erwin Harper, of Columbia, for Appellants. Anne Louise Peterson-Hutto, of Charleston, for Respondent.

Hilton Head Hospital appeals the trial court’s denial of its motion to compel arbitration against Dr. William F. Pearson. It contends because the trial court granted a co-defendant’s motion to compel, the court also should have granted the Hospital’s motion because the claims are intertwined and based upon the same facts.

 12:00 p.m. (Time Limits: 10 - 10 - 5)  
19277   Jeffrey D. Allen, individually, as guardian for Jane Doe, a minor, and as representative of other similarly situated State of South Carolina employees, Appellant, v. South Carolina Budget and Control Board Employee Insurance Program and Blue Cross and Blue Shield of South Carolina, Respondents.

John A. Massalon, of Charleston, for Appellant. Thomas P. Gressette,Jr., and Terry E. Richardson, Jr., of Mt. Pleasant, for Appellant. Theodore DuBose Willard, Jr., of Columbia, for Respondent Blue Cross and Blue Shield of South Carolina. Kelly Hunter Rainsford, of Columbia, for Respondent South Carolina Budget and Control Board.

Jeffrey D. Allen appeals the trial court’s granting of summary judgment to the South Carolina Budget and Control Board Employee Insurance Company and Blue Cross Blue Shield of South Carolina on his cause of action for denial of claims. He contends the trial court erred in declining to stay the matter while the administrative appeal of the denial of claims was still pending in the Administrative Law Court. He also maintains the trial court erred in finding he was required to exhaust his administrative remedies.

 2:20 p.m. (Time Limits: 10 - 10 - 5)  
19169   The State, Respondent, v. Terrelle Chandler, Appellant.

Waring Simons Howe, Jr, of Charleston, Sam Mitchell Slade, Jr., of Spartanburg, and Appellate Defender Tristan M. Shaffer, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Deputy Attorney General Donald Zelenka, Assistant Attorney General Anthony Mabry, of Office of the Attorney General, of Columbia, for Respondent.

Terrelle Chandler appeals his convictions for murder and possession of a firearm during the commission of a violent crime. He argues the trial court erred in finding his statement to police was voluntary, despite his being told he would be charged with murder if he refused to give a statement.

 3:00 p.m. (Time Limits: 10 - 10 - 5)  
19250   State of South Carolina ex rel, Robert M. Ariail, Solicitor, Thirteenth Judicial Circuit, Respondent, v. Eighty-Eight Thousand One Hundred Forty-Eight Dollars and 45/100th ($88,148.45), Three Hundred Twenty-Two ($322.00) Dollars and Eighty Dollars ($80.00) and Contents of Safe Deposit Box 22031, Moon Magruder at Wachovia Bank contents Defendant Property and Moon Cha Magruder, Interested Party, Defendants, Of Whom Moon Cha Magurder is the Appellant.

Kenneth P. Shabel and John R. Holland, of Spartanburg, for Appellant. Sylvia Paris Harrison, of Greenville, for Respondent.

Moon Cha Magruder appeals the circuit court's order refusing to vacate a default judgment entered against her and her property in the State's civil forfeiture action. She argues the circuit court erred in failing to find the solicitor's Affidavit for Service by Publication was fraudulent.

Cases to be Submitted Without Oral Argument
17779    The State, Respondent, v. Cornell Tyler, Jr., Appellant.

18799    HomEq Servicing Corporation f/k/a TMS Mortgage, Inc. d/b/a The Money Store, Respondent, v. Jeanette B. Napier, Dale W. Phillips, NationsCredit Financial Services Corporation d/b/a EquiCredit, Chisolm Green Property Homeowners Association, Inc., Defendants, of whom Jeanette B. Napier is the Appellant.

18806    Cynthia Purcell, Appellant, v. William R. Ferrara and Julie D. Ferrara, Respondents.

18856    The State, Respondent, v. Julius H. Griffin, Appellant.

18860    The State, Respondent, v. Larry Brown, Appellant.

18862    George Tomlin, #166361, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent.

18884    The State, Respondent, v. Derrick D. Harriott, Appellant.

18887    The State, Respondent, v. Adam Lee Berard, Appellant.

18907    The State, Respondent v. Jeremy Sanquan Wright, Appellant.

18910    Angela W. Childers, Respondent, v. James R. Childers, Appellant.

18916    Sloane McCollum Foster, Respondent, v. Marshall Alan Foster, Appellant.

18918    Christopher Kernaghan, Appellant, v. Safelite Glass Corporation and Specialty Risk Services, Respondent.

18922    Meng-Ling Vieux, Appellant, v. Roger M. Vieux, Respondent.

19007    The State, Respondent, v. Tommy McKnight, Appellant.

19124    South Carolina Department of Revenue, Respondent, v. James Leroy Belk Post 17, American Legion, d/b/a Waccamaw Bingo, and Stephen L. Johnson, Promoter, Appellants.

19130    The State, Respondent, v. David Allen Goins, Appellant.

19132    James D. Abrams, Appellant, v. Nan Ya Plastics Corporation, Employer, and Ace Fire Underwriters Insurance Company, Carrier, Respondents.

19138    Crenshaw's TV and Radio Service, Inc., d/b/a Crenshaw's TV & Appliance, Respondent, v. Jocassee Partners Holdings, LLC, Individually and d/b/a The Jocassee Club and Bank of Travelers Rest, Defendants, Of whom Jocassee Partners Holdings, LLC Individually and d/b/a The Jocassee Club is Appellant.

19178    The State, Respondent, v. James Douglas Tinsley, Appellant.

19213    The State, Respondent, v. Kendrick Taylor, Appellant.

19249    Swamp Fox Utilities, LLC, Appellant, v. FS&S Holding Inc. and Nationwide Insurance Company, Defendants, Of whom FS&S Holding Inc. is the Respondent.

19301    The State, Respondent, v. Jabari Lee, Appellant.

19302    The State, Respondent, v. Eric Mitchell, Appellant.

19307    The State, Respondent, v. Eric Smith, Appellant.

19308    The State, Respondent, v. Steve Lucas, Appellant.

19316    Watson Finance Co. Inc., Appellant, v. Sue M. Fisher, Respondent.

19339    Krystal Chisolm, Appellant, v. South Carolina Department of Motor Vehicles, Respondent.

19352    The State, Respondent, v. Robert Fuller, Appellant.

19360    The State, Respondent, v. Lewis Pipher, Appellant.

19370    The State, Respondent, v. Eric Darien, Appellant.

19373    The State, Respondent, v. Anthony Neil Briggs, Appellant.

19375    The State, Respondent, v. Lavario Hampton, Appellant.

19376    The State, Respondent, v. Bert Wayne Foster, Appellant.

19377    The State, Respondent, v. Walter James Greene, Appellant.

19378    The State, Respondent v. Tony Williams, Appellant.

19379    The State, Respondent v. David Sheriff, Appellant.

19382    The State, Respondent, v. Tyrone Moore, Appellant.

19383    Southern Bank, Appellant, v. Leeroy Bruce, Jr., Franklin Harold Mishoe, and SRP Federal Credit Union, Respondents.

19390    Leonard Daigle, #131662, Appellant, v. South Carolina Department of Probation Parole and Pardon Services, Respondent.

19391    Rawley Edmond DeBoe, Respondent, v. BK Industries and Indemnity Insurance Company, Appellants.

19416    In the Matter and Care and Treatment of Richard Fletcher Ellisor, Appellant.

19419    The State, Respondent, v. Carolyn Ann Hippenstiel, Appellant.

19423    The State, Respondent, v. Doyle Marion Garrett, Appellant.

19424    The State, Respondent, v. Michael Scott Donahue, Appellant.

19427    The State, Respondent, v. Ernest Antonio Evans, Appellant.

19428    The State, Respondent, v. Marshall Heath Collins, Appellant.

19429    The State, Respondent, v. Termain Cooper, Appellant.

19430    The State, Respondent, v. Nicholas Newell, Appellant.

19456    Affirmative Insurance Services, Inc., Respondent, v. Salvador Cruz-Campos, Appellant.

19462    The State, Respondent, v. Randy Edward Anderson, Appellant.

19465    The State, Respondent, v. Gerard Newton, Appellant.