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May 2023 |
NEXT
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The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Monday, May 1, 2023 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2020-000589 Bridgett Taylor, Respondent,
v.
Richland County Sheriff's Department, Appellant. Robert David Garfield, of Crowe LaFave, LLC; and Andrew F. Lindemann, of Lindemann Law Firm, P.A., both of Columbia, for Appellant. Andrew William Kunz and Lauren Knight Slocum, both of Elliott, Phelan, Kunz & Slocum, LLC, of Georgetown, for Respondent. Richland County Sheriff's Department (the Department) appeals the trial court's ruling denying its motion for a directed verdict and granting Bridgett Taylor's motion for a new trial. The Department argues the trial court erred by (1) concluding the prior order of another circuit court judge denying the Department's motion for summary judgment precluded it from raising the same arguments in a directed verdict motion at trial; (2) reversing its decision to direct a verdict in favor of the Department and granting Taylor a new trial on the ground that the prior order denying summary judgment precluded the trial court from ruling differently on a directed verdict motion at trial; and (3) concluding the Department was not entitled to sovereign immunity under the Tort Claims Act or judgment based on the application of collateral estoppel. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2020-000407 Douglas Kelsey, Plaintiff,
v.
House of Blues Myrtle Beach Restaurant Corporation; HOB Entertainment, Inc.; and Travis Scott Wagoner, Defendants.
AND
House of Blues Myrtle Beach Restaurant Corporation, Appellant,
v.
Throttlefest, LLC; American Outlaw Spirits Incorporated; Full Throttle LLC; and Full Throttle Sloon Shine, LLC, Respondents. Christian Stegmaier, of Collins & Lacy, PC, and Kyle Lee Brady, both of Columbia, for Appellant. M. Dawes Cooke, Jr., and John William Fletcher, both of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Respondent Throttlefest, LLC. Brian C Duffy and Patrick Coleman Wooten, both of Duffy & Young, LLC, of Charleston, for Respondents American Outlaw Spirits Incorporated, Full Throttle LLC, and Full Throttle Sloon Shine, LLC. House of Blues Myrtle Beach Restaurant Corporation (House of Blues) appeals the circuit court's orders dismissing its third-party claims against Throttlefest, LLC (Throttlefest), Full Throttle, LLC (Full Throttle); Full Throttle Sloon Shine, LLC (Sloon Shine); and American Outlaw Spirits, Inc. (American Outlaw) (collectively, Respondents). House of Blues argues the circuit court erred by granting Throttlefest's Rule 12(b)(6), SCRCP, motion to dismiss. Specifically, House of Blues argues the circuit court erred by (1) considering matter outside the complaint in ruling on the motion, (2) improperly requiring it to plead or show Respondents' settlement with the first party plaintiff was not in good faith and relying on Smith v. Tiffany in finding dismissal of its contribution claim would not impact its due process and equal protection rights, (3) finding its claims were barred by the statute of limitations, and (4) dismissing its tort claims based upon the existence of its contract with Throttlefest. As to respondents Full Throttle, Sloon Shine, and American Outlaw, House of Blues argues the circuit court erred by dismissing these parties for lack of personal jurisdiction pursuant to Rule 12(b)(2), SCRCP. |
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11:20 a.m. | (Time Limits: 15-15-5) |
2020-000935 Portfolio Recovery Associates, LLC Assignee of Synchrony Bank/HH Gregg Respondent,
v.
Jennifer Campney, Defendant,
and
Jennifer Campney, Third-party Plaintiff,
v.
Cooling & Winter, LLC, Third-party Defendant,
of whom Jennifer Campney is the Appellant. John R Cantrell, Jr., of Cantrell Legal, PC, of St Matthews, for Appellant. Jesse Ronald Jones, Jr., of Smith Debman Narron Drake Saintsing & Myers LLP, of Charleston; and Caren D. Enloe, of Raleigh, NC, both for Respondent. Kelly Hunter Rainsford, of Columbia, for Amicus Curiae. Jennifer Campney appeals an order from the trial court granting judgment in favor of Portfolio Recovery Associates, LLC, (PRA). On appeal, Campney argues the trial court erred by (1) ruling that she was liable to PRA in the amount of $4,236.78, plus costs, under an account stated cause of action; (2) ruling that PRA was not liable to her on her counterclaims; and (3) denying her motion pursuant to Rules 52 and 59(e), SCRCP. |
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Tuesday, May 2, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2020-000735 Portrait Homes - South Carolina, LLC and Portrait Homes - Persimmon Hill, LLC, Plaintiffs,
v.
Pennsylvania National Mutual Casualty Insurance Company and The Persimmon Hill Homeowners Association, Inc., Defendants,
AND
The Persimmon Hill Homeowners Association, Inc., Third-Party Plaintiff,
v.
Jose Castillo d/b/a JJA Framing and JJA Construction, Inc. d/b/a JJA Framing, Third-Party Defendants,
of which Pennsylvania National Mutual Casualty Insurance Company is the Appellant,
and
Portrait Homes - South Carolina, LLC, Portrait Homes - Persimmon Hill, LLC, and The Persimmon Hill Homeowners Association, Inc. are the Respondents. John Irvin Malone, Jr., and David L. Brown, both of Greensboro, NC, for Appellant. Stanley Clarence Rodgers, of Law Office of Stanley C. Rodgers, LLC, of Charleston, for Respondents Portrait Homes - SC, LLC and Portrait Homes - Persimmon Hill, LLC. Phillip Ward Segui, Jr., of Segui Law Firm, of Mount Pleasant; and John T. Chakeris and Alicia Denise Petit, both of Chakeris Law Firm, of Charleston, all for Respondent The Persimmon Hill Homeowners Association, Inc. This case concerns insurance coverage arising out of an underlying construction defect lawsuit when the Penn National Mutual Casualty asserts its insured, a subcontractor, did not notify it of the lawsuit and declined coverage. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2020-000719 Nancy Morris, as Personal Representative of the Estate of David Allen Woods, Appellant,
v.
State Fiscal Accountability Authority, South Carolina Insurance Reserve Fund, Andrew J. Bland, Richard T. Burkholder, Leenon E. Carner, Priscilla Bland, and Jerry Speissegger, Jr., Respondents. Garrett Brendan Johnson, of Elrod Pope Law Firm, of Rock Hill; and Thomas J. Rode, of Charleston, both for Appellant. Andrew F. Lindemann, of Lindemann Law Firm, P.A., of Columbia, for Respondents. In this declaratory judgment action, Nancy Morris, as personal representative of the estate of David Allan Woods, appeals the circuit court's amended order granting the State Fiscal Accountability Authority and the South Carolina Insurance Reserve Fund's motion to alter or amend and denying the declaratory relief Morris sought. |
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Wednesday, May 3, 2023 | |
Courtroom I
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11:20 a.m. | (Time Limits: 10-10-5) |
2019-001554 Stewart Buchanan, #69848, Appellant,
v.
South Carolina Department of Probation, Parole, and Pardon Services, Respondent. Hannah Lyon Freedman, of Justice 360; and John H. Blume, III, of Law Office of John Blume, both of Columbia, for Appellant. General Counsel Matthew C. Buchanan, of Columbia, for Respondent. Stuart Buchanan appeals from the order of the Administrative Law Court, which dismissed his appeal of the denial of parole by the South Carolina Department of Probation, Parole, and Pardon (SCDPPPS), arguing (1) SCDPPPS's procedures violated his rights to due process and (2) his incarceration of forty-seven years for a crime he committed as a juvenile constitutes cruel and unusual punishment. |
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Thursday, May 4, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 20-20-5) |
2020-000862 J & W Corporation of Greenwood, Appellant,
v.
Broad Creek Marina of Hilton Head, LLC; Broad Creek Marina Operations, LLC; Broad Creek Marina Properties, LLC; Broad Creek Marina and Development, LLC, Respondents. Thomas Calvin Taylor, of Law Offices of Thomas C. Taylor, LLC, of Bluffton, for Appellant. Ellis Reed-Hill Lesemann and Michelle Alyce Matthews, both of Lesemann & Associates LLC, of Charleston, for Respondents. In this action, Appellant J & W Corporation (J&W) contends that the Master-in-Equity erred in its resolution of a dispute between J&W and Respondents Broad Creek Marina of Hilton Head, LLC; Broad Creek Marina Operations, LLC; Broad Creek Marina Properties, LLC; and Broad Creek Marina and Development, LLC (collectively, "Broad Creek Marina"). J&W alleges that the Master's errors include: (1) declining to issue a declaratory judgment for J&W on a dispute over the provision of a boat shed for J&W's office; (2) ordering J&W to accept an Aqua Lodge houseboat as a "Floating Office"; (3) declining to award J&W nominal damages for breach of contract; (4) declining to apply an equitable setoff to the damages awarded to Broad Creek Marina because of the dispute over the boat shed-office; (5) awarding damages and pre-judgment to Broad Creek Marina for hurricane-related damage to some of the marina's docks; (6) declining to issue a declaratory judgment that a settlement agreement between the parties shifted responsibility for dock damages and insurance coverage to Broad Creek Marina; and (7) quashing a subpoena and awarding damages related to the issues the subpoena sought to explore. |
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11:20 a.m. | (Time Limits: 10-10-5-5) |
2020-000938 Katrina Stroman, Respondent/Appellant,
v.
Samuel Jeffords, Appellant/Respondent. Damon Christian Wlodarczyk, of Riley Pope & Laney, LLC, of Columbia, for Appellant-Respondent. David Reynolds Williams, Charlie Hiram Williams, III, and Virginia Watson Williams, all of Williams & Williams, of Orangeburg, for Respondent-Appellant. This is a cross appeal arising out of a dog bite lawsuit brought by Katrina Stroman against Samuel Jeffords. On appeal, Jeffords argues the trial court erred by (1) denying his motion for a directed verdict on strict liability, mooting the post trial motion for a new trial; and (2) granting Stroman's motion to reconsider its Batson ruling and ordering a new trial. In her cross appeal, Stroman argues the trial court erred by (1) granting Jeffords's directed verdict motion on common law negligence because he had the requisite control and knowledge of a dangerous situation under the common law negligence analysis of Clea and (2) granting Jeffords's directed verdict motion because she otherwise proved common law negligence beyond a landlord's duties. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2020-001029 David Hannemann, as President of the Live Oak Village Homeowner's Association, Inc., Respondent,
v.
William McFarland, Appellant. Russell Grainger Hines, of Clement Rivers, LLP, of Charleston, for Appellant. James Bernard Hood and Virginia Rogers Floyd, both of Hood Law Firm, LLC, of Charleston, for Respondent. In this declaratory judgment action, Appellant William McFarland challenges an order of the Master-in-Equity granting summary judgment to Respondent David Hannemann and declaring Hannemann to be the duly elected President of the Live Oak Village Homeowners Association (HOA). McFarland argues, inter alia, that (1) Hannemann was not authorized by the HOA's Board of Directors to initiate this action and (2) the master erred by finding that Hannemann was an HOA member in good standing when he was elected. |
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Tuesday, May 9, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-000528 David J. Benjamin, Petitioner,
v.
State of South Carolina, Respondent. Tricia A. Blanchette, of Law Office of Tricia A. Blanchette, LLC, of Leesville, for Petitioner. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Megan Harrigan Jameson, both of Columbia, for Respondent. David Benjamin seeks reversal of the order denying post-conviction relief from his sentences for one count of murder and two counts of attempted murder. He claims counsel was ineffective for failing to effectively utilize the services of an expert and a witness. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2020-001006 Sara Gleaton, as Personal Representative of the Estate of Wilton Gleaton, Appellant,
v.
Orangeburg County, a Political Subdivision of the State of South Carolina, Respondent. William Franklin Barnes, III, of Barnes Law Firm, LLC; and John E. Parker and John Elliott Parker, Jr., both of Parker Law Group, LLP, all of Hampton. for Appellant. Jerrod Austin Anderson, of Anderson Law Office, P.A., of Orangeburg; and Andrew F. Lindemann, of Lindemann Law Firm, P.A., of Columbia, both for Respondent. Sara Gleaton appealed an order from the master-in-equity finding in favor of Orangeburg County in a slander of title case. On appeal, Gleaton argues the master erred in finding (1) the County did not publish a false statement that harmed her, (2) the County's deed to a purchaser from a tax sale was not derogatory to her title, and (3) the County did not publish the deed with malice. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2019-002072 The State, Respondent,
v.
Kenneth Ray Gleaton, Appellant. Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, and Senior Assistant Deputy Attorney General Melody Jane Brown, all of Columbia, for Respondent. Kenneth R. Gleaton appeals his convictions for murder, second-degree arson, illegal possession of a firearm, and desecration of human remains, arguing the circuit court erred in denying his motion to bifurcate; admitting prejudicial photographs and hearsay into evidence; refusing to recess on Friday at 5:00 PM after a week-long trial; declining to defer sentencing to allow the presentation of mitigation evidence; and denying his motion for a new trial. |
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12:40 p.m. | (Time Limits: 10 minutes Appellant; 10 minutes Ladles(1); 10 minutes Ladles(2); 10 minutes Ladles(3); 5 minutes Appellant Reply.) |
2020-000201 Teri Chappell, as Personal Representative of the Estate of Craig Chappell, on behalf of himself and others similarly situated, Appellant,
v.
Ladles Soups - James Island, LLC; Ladlessoups, LLC; Ladles Soups at Cane Bay, LLC; Ladles Soups at Citadel Mall, LLP; Ladles Soups Calhoun, LLC; Ladles Soups Cane Bay, LLC; Ladles Soups Coosaw, LLC; Ladles Soups Downtown Charleston, LLC; Ladlessoups Fresh Fields, LLC; Ladles Soups @ Freshfields Village, LLC; Ladlessoups Mainstreet, LLC; Ladles Soups Moncks Corner, LLC; Ladlessoups Mount Pleasant, LLC; Ladles Franchise Development, LLC; Ladles Franchising, Inc.; Ladles Fort Mill, LLC; Ladles Knightsville, LLC; Ladles West Ashley; Teri Owens; Sue Allen; Tracy Allen; Steve Traeger; Erik Dyke; Julie Dyke; Stan Sutton; Carol Sutton; Jason Dalter; Kellie Henderson; Jane Doe 1-25 (Unknown Operating Company and Management Company Owners); John Doe 25-40 (Management Personnel), Defendants,
Of Which Ladlessoups Mount Pleasant, LLC, Erik Dyke, and Julie Dyke, are Respondents.
and
Teri Chappell, as Personal Representative of the Estate of Craig Chappell, on behalf of himself and others similarly situated, Appellant,
v.
Ladles Soups - James Island, LLC; Ladlessoups, LLC; Ladles Soups at Cane Bay, LLC; Ladles Soups at Citadel Mall, LLP; Ladles Soups Calhoun, LLC; Ladles Soups Cane Bay, LLC; Ladles Soups Coosaw, LLC; Ladles Soups Downtown Charleston, LLC; Ladlessoups Fresh Fields, LLC; Ladles Soups @ Freshfields Village, LLC; Ladlessoups Mainstreet, LLC; Ladles Soups Moncks Corner, LLC; Ladles Franchise Development, LLC; Ladles Franchising, Inc.; Ladles Fort Mill, LLC; Ladles Knightsville, LLC; Ladles West Ashley; Teri Owens; Sue Allen; Tracy Allen; Steve Traeger; Erik Dyke; Julie Dyke; Stan Sutton; Carol Sutton; Jack Dalter; Kellie Henderson; Jane Doe 1-25 (Unknown Operating Company and Management Company Owners); John Doe 25-40 (Management Personnel), Defendants,
Of Which Ladles Franchising, Inc., Ladlessoups, LLC, Sue Allen, and Tracy Allen, are Respondents.
and
Teri Chappell, as Personal Representative of the Estate of Craig Chappell, on behalf of himself and others similarly situated, Appellant,
v.
Ladles Soups - James Island, LLC; Ladlessoups, LLC; Ladles Soups at Cane Bay, LLC; Ladles Soups at Citadel Mall, LLP; Ladles Soups Calhoun, LLC; Ladles Soups Cane Bay, LLC; Ladles Soups Coosaw, LLC; Ladles Soups Downtown Charleston, LLC; Ladlessoups Fresh Fields, LLC; Ladles Soups @ Freshfields Village, LLC; Ladlessoups Mainstreet, LLC; Ladles Soups Moncks Corner, LLC; Ladles Franchise Development, LLC; Ladles Franchising, Inc.; Ladles Fort Mill, LLC; Ladles Knightsville, LLC; Ladles West Ashley; Teri Owens; Sue Allen; Tracy Allen; Steve Traeger; Erik Dyke; Julie Dyke; Stan Sutton; Carol Sutton; Jack Dalter; Kellie Henderson; Jane Doe 1-25 (Unknown Operating Company and Management Company Owners); John Doe 25-40 (Management Personnel), Defendants,
Of Which Ladles Soups Coosaw, LLC, Ladles Soups Downtown Charleston, LLC, Ladlessoups Fresh Fields, LLC, Ladles Soups @ Freshfields Village, LLC, Ladles Soups Moncks Corner, LLC, Ladles Franchise Development, LLC, Ladles Fort Mill, LLC, Ladles Knightsville, LLC, Ladles West Ashley, Steve Traeger, Stan Sutton, Carol Sutton, and Kellie Henderson, are Respondents. Benjamin Scott Whaley Le Clercq and David D. Ashley, both of Le Clercq Law Firm, P.C., of Mt. Pleasant, for Appellant. Peter Brandt Shelbourne, of Shelbourne Law Firm, of Summerville, for Respondents. This appeal arises from the filing of a class-action lawsuit against Ladles Soups (some of which are Respondents), in which the trial court granted summary judgment to Respondents. Teri Chappell (Appellant), as the Personal Representative of the Estate of Craig Chappell, appeals, arguing the trial court erred in: (1) granting summary judgment because Appellant did not have a full and fair opportunity to complete discovery; (2) granting summary judgment because the court had not heard Appellant's motion for class certification; (3) finding Appellant lacked standing; and (4) not finding an issue of triable fact for the jury existed regarding Respondents' tipping policy. |
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12:40 p.m. | |
2020-000399 Teri Chappell, as Personal Representative of the Estate of Craig Chappell, on behalf of himself and others similarly situated, Appellant,
v.
Ladles Soups - James Island LLC; Ladlessoups, LLC; Ladles Soups at Cane Bay LLC; Ladles Soups at Citadel Mall LLP; Ladles Soups Calhoun LLC; Ladles Soups Cane Bay LLC; Ladles Soups Coosaw LLC; Ladles Soups Downtown Charleston, LLC; Ladlessoups Fresh Fields, LLC; Ladles Soups @ Freshfields Village, LLC; Ladlessoups Mainstreet, LLC; Ladles Soups Moncks Corner LLC; Ladlessoups Mount Pleasant, LLC; Ladles Franchise Development, LLC; Ladles Franchising Inc; Ladles Fort Mill, LLC; Ladles Knightsville LLC; Ladles West Ashley; Teri Owens; Sue Allen; Tray Allen; Steve Traeger; Erik Dyke; Julie Dyke; Stan Sutton; Carol Sutton; Jason Dalter; Kellie Henderson; Jane Doe 1-25 (Unknown Operating Company and Management Company Owners); John Doe 25-40 (Management Personnel), Defendants,
Of Which Ladles Franchising Inc., Ladlessoups, LLC, Sue Allen, and Tracy Allen are the Respondents. Benjamin Scott Whaley Le Clercq and David D. Ashley, both of Le Clercq Law Firm, P.C., of Mt. Pleasant, for Appellant. Michael Evan Lacke, of Lacke Law Firm, LLC; and Kerry W. Koon, of Kerry W. Koon, Attorney at Law, both of Charleston, for Respondents. This appeal arises from the filing of a class-action lawsuit against Ladles Soups (some of which are Respondents), in which the trial court granted summary judgment to Respondents. Teri Chappell (Appellant), as the Personal Representative of the Estate of Craig Chappell, appeals, arguing the trial court erred in: (1) granting summary judgment because Respondents were employers liable under the South Carolina Payment of Wages Act ("SCPWA"); (2) granting summary judgment because Appellant did not have a full and fair opportunity to complete discovery; (3) not finding an issue of triable fact for the jury existed regarding Respondents' tipping policy; and (4) finding Appellant lacked standing. |
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12:40 p.m. | |
2020-000551 Teri Chappell, as Personal Representative of the Estate of Craig Chappell, on behalf of himself and others similarly situated, Appellant,
v.
Ladles Soups - James Island LLC; Ladlessoups, LLC; Ladles Soups at Cane Bay LLC; Ladles Soups at Citadel Mall LLP; Ladles Soups Calhoun LLC; Ladles Soups Cane Bay LLC; Ladles Soups Coosaw LLC; Ladles Soups Downtown Charleston, LLC; Ladlessoups Fresh Fields, LLC; Ladles Soups @ Freshfields Village, LLC; Ladlessoups Mainstreet, LLC; Ladles Soups Moncks Corner LLC; Ladlessoups Mount Pleasant, LLC; Ladles Franchise Development, LLC; Ladles Franchising Inc; Ladles Fort Mill, LLC; Ladles Knightsville LLC; Ladles West Ashley; Teri Owens; Sue Allen; Tray Allen; Steve Traeger; Erik Dyke; Julie Dyke; Stan Sutton; Carol Sutton; Jason Dalter; Kellie Henderson; Jane Doe 1-25 (Unknown Operating Company and Management Company Owners); John Doe 25-40 (Management Personnel), Defendants,
Of Which Ladles Soups Coosaw LLC, Ladles Soups Downtown Charleston, LLC, Traeger Unlimited d/b/a Ladlessoups Fresh Fields, LLC, Ladles Soups @ Freshfields Village, LLC, Ladles Soups Moncks Corner LLC, Ladles Franchise Development, LLC, Ladles Fort Mill, LLC, Ladles Knightsville LLC, Ladles West Ashley, Steve Traeger, Stan Sutton, Carol Sutton, and Kellie Henderson are the Respondents. Benjamin Scott Whaley Le Clercq and David D. Ashley, both of Le Clercq Law Firm, P.C., of Mt. Pleasant, for Appellant. Paul B. Ferrara, III and Janel Kleinhardt Ferrara, both of Ferrara Law Firm, PLLC, of N. Charleston, for Respondents. This appeal arises from the filing of a class-action lawsuit against Ladles Soups (some of which are Respondents), in which the trial court granted summary judgment to Respondents. Teri Chappell (Appellant), as the Personal Representative of the Estate of Craig Chappell, appeals, arguing the trial court erred in: (1) granting summary judgment because Appellant did not have a full and fair opportunity to complete discovery; (2) denying Appellant's motion to deem admitted requests for admission; (3) granting summary judgment because the court had not heard Appellant's motion for class certification; and (4) finding Appellant lacked standing. |
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Thursday, May 11, 2023 | |
Courtroom I
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11:20 a.m. | (Time Limits: 10-10-5) |
2020-000937 City of Folly Beach; Coastal Conservation League; Save Folly Beach, Inc.; John Collins; Matt Napier; Paula Stubblefield; Troy Bode; and Carol Kruer, Appellants,
v.
State of South Carolina; Amy Connelly; Jeffrey H. Morris; Michael Vandaele; Stephen Rawe; Juan Enterprises, LLC; Juanita A. Wright; Debbie's Folly, LLC; and Vernon Keller Staubes, Jr., as personal representative of the Estate of Vernon Staubes, Defendants,
Of which State of South Carolina; Jeffrey H. Morris; Michael Vandaele; Stephen Rawe; Juan Enterprises, LLC; Juanita A. Wright; and Vernon Keller Staubes, Jr., as personal representative of the Estate of Vernon Staubes, are Respondents. Amy E. Armstrong, of Pawleys Island, for Appellants. Michael Gary Corley, of S.C. Environmental Law Project, of Greenville; and Leslie S. Lenhardt, of S.C. Environmental Law Project, of Pawleys Island, both for Appellants. Mary Duncan Shahid and Robert Bruce Wallace, both of Nexsen Pruet, LLC, of Charleston, for Respondents Jeffrey H. Morris and Stephen Rawe. Angelica M. Colwell, of Nexsen Pruet, LLC, of Charleston, for Respondent Stephen Rawe. Deputy Solicitor General J. Emory Smith, Jr., of Columbia, for Respondent The State of South Carolina. Kerry W. Koon, of Kerry W. Koon, Attorney at Law, of Charleston, for Respondent Vernon Keller Staubes, Jr. Gregory Jacobs English, of Wyche Law Firm, of Greenville, for Respondent Juanita A. Wright. Rita Bolt Barker, of Wyche Law Firm, of Greenville, for Respondents Juan Enterprises, LLC, and Juanita A. Wright. The City of Folly Beach, Coastal Conservation League, Save Folly Beach, Inc., John Collins, Matt Napier, Paula Stubblefield, Troy Bode, and Carol Kruer (Appellants) appeal the Master in Equity's dismissal of their declaratory judgment action in which they sought a determination that the boundary between public and private property on oceanfront property on Folly Beach is the high water line as it existed before latest beach renourishment in 2018 and that the State of South Carolina owns portions or all of certain super-beachfront lots and an injunction prohibiting development of these lots. On appeal, Appellants argue the circuit court erred in finding (1) they did not have standing to present their claims to the court; (2) they failed to allege a viable cause of action; and (3) they failed to name indispensable parties to the case and dismissing the case rather than considering another possible remedy. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2020-001068 Evolve Softworks, LLC, Appellant,
v.
Anthony Burkett, Respondent. Carmen Vaughn Ganjehsani, of Richardson Plowden & Robinson, PA, of Columbia; William S.F. Freeman, of Freeman & Freeman, LLC, of Greenville; and Francesca Macchiaverna, of Hunter Maclean Exley & Dunn, PC, of Savannah, all for Appellant. Kenneth Ray Raynor, of Raynor Law Firm, PLLC, of Charlotte, for Respondent. Evolve Softworks, LLC's ("Evolve") appeals the circuit court's dismissal of its action for breach of a guaranty agreement against Anthony Burkett. On appeal, Evolve argues (1) the statute of limitations had not expired; (2) the guaranty was supported by sufficient consideration; (3) the circuit court erred in refusing to allow it the opportunity to amend its complaint. |
Cases to be Submitted Without Oral Argument | |
2021-000142 |
Unifund CCR, LLC, Respondent,
v.
Shonda L. Wade, Appellant.
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2022-000232 |
Kevin L. Grant, Appellant,
v.
State Farm Mutual Automobile Insurance Company, Respondent.
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2019-001495 |
Ravon D. Hamer, Petitioner,
v.
State of South Carolina, Respondent.
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2020-001684 |
Bethany Aloha Rich, Appellant,
v.
New Heights Property Management, Respondent.
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2021-000535 |
Logan Wood and Sarah Wood, Respondents,
v.
Horry County School District, Appellant.
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2021-000874 |
The State, Respondent,
v.
Devonte Trevon Major, Appellant.
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2021-000107 |
Derrick Fishburne, Respondent,
v.
State of South Carolina, Petitioner.
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2021-000843 |
The State, Respondent,
v.
Tobias Marquez Thomas, Appellant.
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2020-000353 |
In the Matter of the Care and Treatment of Brian Valbert, Appellant.
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2021-000483 |
Quentin Hardy, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000651 |
The State, Respondent,
v.
Jakkari Jaquille De'Andre Brown, Appellant.
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2020-001404 |
The State, Respondent,
v.
Joseph Randolph Henry, Appellant.
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2021-000431 |
The State, Respondent,
v.
Lavar Anthony Smith, Appellant.
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2018-000002 |
Andre Green, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000888 |
The State, Respondent,
v.
Elijah Quinlin Diante Green, Appellant.
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