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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 31, 2006
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14284   Jennie Wright Taylor, by and through Margaret Derrick, her Attorney in Fact, Respondent v. Bank of America Corporation f/k/a The Citizens and Southern National Bank of South Carolina, Appellant.

William Stevens Brown, of Greenville, for Appellant. Robert M. Holland and James C. Cothran, Jr., of Spartanburg, for Respondent.

Taylor brought this action against Bank of America to redeem a certificate of deposit that Bank of America claims had been previously redeemed or canceled. The trial court ruled in favor of Taylor, and Bank of America appeals, arguing the trial court erred in failing to find the statute of limitations barred the suit and in unfairly shifting the burden of proof to the defendant.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14243   The State, Respondent v. Tyrelle Davis, Appellant.

William T. Toal, 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 Shawn L. Reeves, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent.

Appellant appeals from his conviction for assault and battery with intent to kill, arguing the trial court (1) improperly denied cross-examination; (2) erroneously admitted speculative evidence; and (3) improperly admonished defense counsel, violating appellant's right to a fair trial.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14228   The State, Respondent v. Brian William Scott, Appellant.

Symmes Watkins Culbertson, of Greenville, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., of Columbia, and Solicitor Robert M. Ariail, of Greenville, for Respondent.

In this appeal from the denial of a motion for a new trial, the court analyzes whether the State violated the mandates of Brady v. Maryland, 373 U.S. 83 (1963), in failing to turn over certain documents in the defendant's murder trial.

Tuesday, June 6, 2006
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14328   The State, Respondent v. Timothy Dinkins, Appellant.

Melissa Jane Reed Kimbrough and Alexandre Thomas Postic, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent.

Requests the court to determine whether evidence submitted at trial should have been suppressed because of a defective search warrant, and whether a jury charge was adequate.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14335   Elaine M. Fuller, Respondent v. William F. Fuller, Appellant.

Richard H. Rhodes, of Spartanburg, for Appellant. Kenneth C. Porter and David Alan Wilson, of Greenville, for Respondent.

In this domestic relations action, Husband appeals the family court's order, arguing the judge erred in: (1) equitably dividing the marital property; (2) ordering Husband to pay alimony in the amount of $1,200 per month; (3) awarding Wife expert witness fees; and (4) holding that a certain business constituted marital property.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14283   Brittany Holden, by and through her legal guardian, Johnny Holden, Andre Little, by and through his legal guardian, Leon Mack, Appellants v. Barnwell School District 45 and Barnwell County Sheriff's Department, Defendants,of whom Barnwell School District 45 is the Respondent.

R. Bentz Kirby and Glenn Walters, of Orangeburg, for Appellants. Allen D. Smith, of Columbia, for Respondent.

This case questions whether the pleadings constitute an appeal of a short-term suspension imposed by the Board of Education, thereby depriving the circuit court of subject matter jurisdiction.

Wednesday, June 14, 2006
Courtroom I
(Court convenes at 2:00 p.m.)
 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
14317   Alice Ruth L. Avery, Appellant/Respondent v. Gerald W. Avery, Respondent/Appellant.

Marian D. Nettles, of Lake City, and James M. Saleeby, Sr., of Florence, for Appellant-Respondent. Cheryl Turner Hopkins, of Florence, and Stephanie Pendarvis McDonald, of Charleston, for Respondent-Appellant.

In this cross appeal, Wife argues the family court abused its discretion in (1) denying her alimony, (2)awarding her only 37.5% of the marital estate, (3) including certain items in the marital estate, and (4) denying her request for attorney's fee. In Husband's appeal, he argues the family court erred in identifying and valuing the marital estate.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
14313   Kenneth W. Sanders, Respondent v. Meadwestvaco Corporation, Self Insured Employer, Appellant.

Kirsten Leslie Barr, of Mt. Pleasant, for Appellant. Ben C. Harrison, of Spartanburg, for Respondent.

In this workers' compensation action, the employer appeals the order of the South Carolina Workers' Compensation Commission awarding claimant benefits and finding the employer was not entitled to credit for payment of temporary total disability payments as of the date claimant reached maximum medical improvement.

Thursday, June 15, 2006
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14290   LaToya Guider, Respondent v. Churpeyes, Inc., Appellant.

Regina H. Lewis and James C. Leventis, Jr., of Columbia, for Appellant. Paul Winford Owen, Jr., of Columbia, for Respondent.

Churpeyes, Inc. challenges the circuit court's denial of its motion for directed verdict on Guider's claims of malicious prosecution and abuse of process. Churpeyes also challenges the circuit court's admission of the testimony of a former co-worker of Guider. Churpeyes next contends the circuit court erred in charging the jury on the elements of breach of trust with fraudulent intent and in allowing the issue of punitive damages to be submitted to the jury.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14272   Jason Shealy, Appellant v. John Doe, Respondent.

Ralph Shealy Kennedy, Jr, and Robert M.Cook II, of Batesburg-Leesville, for Appellant. Thomas J. Keaveny, II, of Charleston, and Bob J. Conley, of Charleston, for Respondent.

In this John Doe proceeding, Appellant avers the circuit judge erred in dismissing the Appellant's complaint for failure to comply with S.C. Code Ann. Section 38-77-170 (2002)

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14271   Dan F. Williamson and Dan F. Williamson and Company, Appellants v. Alfred C. Middleton, Respondent.

Desa A. Ballard, of West Columbia, for Appellants. James C. Parham, Jr., and Patricia S. Ravenhorst, of Greenville, for Respondent.

Appellants argue that the circuit court erred in awarding attorney's fees to Respondent, or in the alternative, that the amount of fees awarded was unreasonable.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
14285   The State, Respondent v. Thaddeus Curry, Appellant.

Assistant Appellate Defenders Robert M. Dudek and Katherine Hudgins, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Jeffrey A. Jacobs, of Columbia, and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

In this murder case, Appellant posits a plethora of issues: (1) the court erred by refusing to allow cross examination of alleged accomplices about their sentencing exposure for murder and other charges; (2) the court erred in allowing testimony in regard to alleged bad acts; (3) the court erred by allowing the Solicitor to elicit testimony that Appellant was in jail at the time of trial; and (4) the court erred in the jury charge in regard to the principle of the hand of one, hand of all doctrine.

Cases to be Submitted Without Oral Argument
13860    Michael J. Spane, Employee/Claimant, Respondent v. Rentway, Inc./America's Best Security, Employers, And Employers Insurance of Wassau and Capital City Insurance Co., Carriers, Of Whom Rentway, Inc., Employer, and Employers Insurance of Wausau, Carrier, are Appellants, And America's Best Security, Employer, and Capital Ciry Insurance Co., Carrier, are Respondents.

14197    Judith Ann Burckle Clay, Appellant v. Daryl James Burckle, Respondent.

14215    William Pinder, Jr., Appellant v. McKinley Washington, Jr. and William Runyon, Jr., Respondents.

14254    In the Matter of the Care and Treatment of Larry Gene Beaver, Respondent, The State of South Carolina, Petitioner, Appellant.

14275    Town of Hilton Head Island, Appellant v. Montgomery Godwin, Respondent.

14278    Pickens County, Respondent v. Danny Ward, Appellant.

14281    City of Beaufort, Respondent v. Eddie Holcombe, Appellant.

14282    The State, Respondent v. Cynthia Smith, Defendant,and Ruby Rice d/b/a R&R Bail Bonding, and Safety National Casualty Corporation, as Surety,of whom Ruby Rice d/b/a R&R Bail Bonding is Appellant.

14286    The State, Respondent v. Tony Dale Baldwin, Appellant.

14287    Ronald De'Ray Skipper,Respondent v. S.C. Dept. of Corrections, Appellant.

14288    The State, Respondent v. Dana Lockamy, Appellant.

14291    Betty J. Hancock, Appellant v. Mid-South Management, Co., Inc., Respondent.

14292    Martha Melton Williams, Betty C. Rapp, John Fisher, and Joanne Santoro, Individually and as Personal Representatives of the Estate of Adelaid W. Fisher, Appellants/Respondents v. James W. Weaver, Individually and as Personal Representative of the Estate of Wiley James McKain, Jr.; Joe Dunn; Emily P. Cooper; Janie P. Jones; Joe Reed a/k/a Joe Reed Powell, Jr.; Edith Carroll a/k/a Eddie Carroll Brisendine; Jean Badger a/k/a Jean B. Lynn; Sara B. Vann a/k/a Sara B. Graham; Ben Badger, Jr.; Elise Badger; Rhett G. Pitts; Deedie B. Daniels; Mary Badger; Sallye Badger; Amy B. Williams; Betsy B. Langdon; Alston Badger a/k/a Alston Badger, Jr.; Wilbur Cagle; Nancy T. Wyman; and as Defendants whose names are unknown, any spouse, child or children, heirs-at-law or distributees of Wiley J. McKain, deceased, and all persons entitled to claim under or through him, together with right, title, or interest under or through him, together with all other persons unknown claiming any right, title or interest in or lien upon the Estate of Wiley J. McKain, deceased or any property are assets thereof, any unknown adults being as a class designated as John Doe and any unknown infants or persons under disability being as a class designated as Richard Roe, Defendants, of whom Wilbur Cagle is, Respondents/Appellant and James W. Weaver, Individually and as Personal Repres entative of the Estate of Wiley James McKain, Jr.; Joe Dunn; Emily P. Cooper; Janie P. Jones; Joe Reed a/k/a Joe Reed Powell, Jr.; Edith Carroll a/k/a Eddie Carroll Brisendine; Jean Badger a/k/a Jean B. Lynn; Sara B. Vann a/k/a Sara B. Graham; Ben Badger, Jr.; Elise Badger; Rhett G. Pitts; Deedie B. Daniels; Mary Badger; Sallye Badger; Amy B. Williams; Betsy B. Langdon; Alston Badger a/k/a Alston Badger, Jr.; Nancy T. Wyman; and as Defendants whose names are unknown, any spouse, child or children, heirs-at-law or distributees of Wiley J. McKain, deceased, and all persons entitled to claim under or through him, together with right, title, or interest under or through him, together with all other persons unknown claiming any right, title or interest in or lien upon the Estate of Wiley J. McKain, deceased or any property are assets thereof, any unknown adults being as a class designated as John Doe and any unknown infants or persons under disability being as a class designated as Richard Roe are,Respondents.

14293    John E. Kelley, Jr. and Mary V. Kelley, Appellants v. Sandra P. Herman and the Home Place, d/b/a America's Home Place, Defendants, of whom Sandra P. Herman is the Respondent.

14294    Alexis Kneedler, Respondent v. Shawn R. Griffin, Appellant.

14296    Mildred Brown Hopkins,Respondent v. Nelle B. Brown; Frances Brown Nachman; Melville P. Brown, Jr.; Lloyd William Brown, Jr.; Marjorie P. Brown; Harriette T. Elrod; Gary Dolbee; Larry Dolbee; Julie Dolbee Albea; Mary Catherine Tucker Carter; Harriette Jane Tucker, individually and as Personal Representative of the Estate of Harrison Tucker, Jr., Deceased; Harrison Tucker, III; Michael J. Costa; Margaret Costa Baird; Zena Costa Brown; Thomas A. Brown, Jr.; Benjamin Richard Brown; Lawrence Wilton Brown; and, all other persons, both known and unknown, in esse and unborn, claiming or entitled to claim any right, title or interest as an heir or devisee of any of the above named now deceased; also, all other persons, both know or unknown, in esse and unborn, claiming or entitled to claim any right, title or interest in or lien up on the real estate described in the Complaint herein or as an heir at law, distributee, devisee, legatee or assign of either the foregoing who may be deceased or Lawrence Joseph Costa, Harrison Tucker, Jr., Onie Johnson Brown, Earl Dolbee, Jr., Earl Dolbee, Sr., Ethel Viola Brown, Sue Brown Tucker, George A. Brown, Myrtle Costa Brown, Thomas A. Brown, Sr., Ben T. Brown, Melville P. Brown, Sr., Lillian Brown Dolbee, Lillian Roberts Brown and John Wesley Brown, some or all of whom may be deceased; any unknown adults being as a class designated as "John Doe" and any unknown infants or persons under disability or in the military service of the United States being as a class designated as "Richard Roe", Defendants,Of whom Nelle B. Brown is the Appellant.

14297    Cleveland Ridge Homeowner's Association, Inc., Appellant v. State Farm Fire and Casualty Company and State Farm General Insurance Company, Respondent.

14301    Wells Fargo Home Mortgage, Inc., Respondent v. Thomasena J. Holloway, Albert Holloway, Appellants.

14302    HRFH, LLC, Respondent v. Pourlos Enterprises, Inc., Steve C. Pourlos and J. Allen Howell, Appellants.

14305    H. Charles Walker and Eloise G. Walker, Appellants v. Patrick McLeod, Barbara McLeod, Marvin G. Rush, Myrtle Rush and Kenneth Baker, Respondents.

14306    Waterford Place Homeowners Association of Lexington, Inc., Respondent v. Richie D. Barnes, Appellant.

14307    Employers Insurance of Wausau,Plaintiff, v. Robert J. Moran and Eric C. Hansen,Defendants.___________________________Eric C. Hansen,Third-Party Plaintiff, v. Caldwell's Diving Co., Inc.,Third-Party Defendant, Of whom Eric C. Hansen is the Appellant, And Employers Insurance of Wausau, Robert J. Moran and Caldwell's Diving Co., Inc., are the Respondents.

14309    Ricky and Tammy Polson, Appellants v. William and Wendy Johnson, Respondents.

14311    A. Charles Burgess, Jr., Appellant v. South Carolina Department of Corrections, Respondent.

14312    Sheila Ray, as Personal Representative of the Estate of Lucille Veneziani, Respondent v. The Caroline Collection Inc., John Boyd and Caroline Boyd, Appellants.

14315    The State, Respondent v. Robert Gibson, Appellant.

14319    James F. Evans, Appellant v. Blake C. Stewart and Melony A. Cusack, Defendants, Of whom Melony A. Cusack is the Respondent.

14321    Andre Chick, Appellant v. John Doe, individually and as a police officer, Richland County, SC; Richard Doe, individually and as a police officer, Richland County, SC; Police officers of the County of Richland, South Carolina; and Leon Lott, as Sheriff of Richland County, and Richland County and Colonel Joseph Bochenek as Director of Richland County Detention Center a/k/a Alvin S. Glenn Detention Center,Defendants,Of Whom Richland County is the Respondent.

14322    The State, Respondent v. Marcus K. Wilson, Appellant.

14323    Southern Sales and Marketing Group, Inc. d/b/a Southern Patio, Appellant v. AMCO Construction Co., Inc., Respondent.

14324    Hiesha Wright, Respondent v. James H. Dickey, Appellant.

14334    Eddie Thomas Jackson, Appellant v. The State, Respondent.

14337    Willie Ray Ingram, Appellant v. South Carolina Probation, Parole & Pardon Services, Respondent

14338    Richard B. Erwin, Appellant v. Ryan's Family Steakhouses, Inc., Respondent.

14400    South Carolina Department of Social Services, Respondent v. Michelle Walter, William Nelson and Ricardo Pagan, Defendants, of whom William Nelson is the Appellant. In the interest of:Delila Pagan, 02/25/1988, A minor(s) under the age of 18.