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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.
Tuesday, June 5, 2007 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
15194 The Linda Mc Company, Inc., Respondent v. James G. Shore and Jan Shore, Appellants. John Martin Foster, of Rock Hill, for Appellants. James Ross Snell, Jr., of Lexington, for Respondent. The Shores appeal the special referee's order requiring them to pay an unsatisfied judgement by confession to Linda Mc Co. The Shores argues they are no longer obligated to pay Linda Mc Co. because (1) the judgment lacked active energy under section 15-39-30 of the South Carolina Code, (2) the parties modified the accord agreement, and (3) Linda Mc Co. is estopped from denying modification of the accord agreement. The Shores also argue the special referee lacked jurisdiction to hear this case because the judgment was void.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15207 International Fidelity Insurance Company, Appellant, v. China Construction America (SC) Inc., Respondent. A. Jackson Barnes and Robert E. Horner, of Columbia, and Neil L. Henrichsen, of Jacksonville, FL, for Appellant. Henry Pickett Wall, of Columbia, and Walter Henry Bundy, Jr., of Mt. Pleasant, for Respondent. International Fidelity Insurance Company appeals the trial court's order granting summary judgment to China Construction America, Inc., and denying summary judgment to it. International argues that the trial court erred in: (1) ruling that the bond and subcontract did not limit China's damages for delay to the contractually specified amount; (2) granting summary judgment based on ambiguous language contained in the subcontract and bond relating to China's remedies for a subcontractor's failure to complete on time; (3) finding that China's actions or silence in the first lawsuit did not bar China from bringing a second bond claim against International; (4) in finding International presented no evidence of equitable estoppel; and (5) finding there were no material facts in dispute on the issue of waiver.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15248 Linda McPhail Wilson, Respondent, v. State Budget and Control Board Employee Insurance Program, Appellant. Michael T. Brittingham, and James T. Hedgepath, of Greenville, for Appellant. G. Conrad Derrick, of Florence, for Respondent. State Budget and Control Board Insurance Program appeals a Circuit Court order reversing the decision of the Employee Insurance Program's Long Term Disability Committee to deny Wilson's long-term disability claim. It argues that EIP's denial of Wilson's claim should not have been reversed because it was supported by substantial evidence on the record.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
15103 Rita R. Brown, Respondent, v. Catherine W. Brown, as personal representative of the estate of David E. Brown, Appellant. Ken H. Lester and John S. Nichols, of Columbia, for Appellant. Peter L. Fuge, of Beaufort, for Respondent. David E. Brown appeals the Family Court's order. He argues that the Family Court erred in: (1) ruling that all unallocated support payments by Husband pursuant to the pendente lite order were non-taxable to the recipient Wife and non-deductible to him; (2) ordering him to either amend his tax returns to eliminate these deductions, to file a joint return with Wife, or to pay Wife any tax amount accrued to her as a result of being required to file a separate individual tax return and claim the unallocated support as income; (3) finding that he could have moved the court for clarification of the court's intentions before filing his tax returns; and (4) in ruling it had authority to declare that the pendente lite unallocated family support be non-taxable to Wife and non-deductible to him
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
14414 MultiState Diversified Holdings, LLC and Aqua Investors, LLC, Appellants, v. Sand Hills Development & Construction, Inc. and Miracle Wells, LLC, Respondents. Gilbert S. Bagnell, of Columbia, for Appellants. Robert J. Moran, of Murrells Inlet, for Respondents. MultiState Diversified Holdings, LLC, and its subsidiary, Aqua Investors, LLC, (collectively Appellants) appeal the circuit court's decision to refuse to stay arbitration in a dispute over Aqua's default on two notes and to grant the motion to dismiss Appellants' complaint. Appellants argue the court erred by determining: (1) the notes were subject to arbitration; and (2) the Federal Arbitration Act preempted the state arbitration act.
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3:30 p.m. | (Time Limits: 10-10-5 ) |
15222 Brian E. Peltier, Appellant, v. Jobe C. Metts, MD, et al.; Florida Medical Development, Inc.; Tenet South Carolina, Inc. d/b/a East Cooper Regional Medical Center; University Medical Associates of the Medical University of South Carolina; Carolina Specialty Care, Inc.; Carolina Specialty Care Physicians, PA., Defendants, of whom Jobe C. Metts, MD is the Respondent. Brian E. Peltier, of Charleston, Appellant pro se. Sandra J. Senn and Robin L. Jackson, of Charleston, for Respondent. Brian Peltier appeals the circuit court's order granting defendant's motion to dismiss because Peltier failed to comply with the two year statute of limitations under the South Carolina Tort Claims Act.
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4:15 p.m. | (Time Limits: 10 - 10 - 5) |
15175 The State, Respondent v. Danny Whitten, Appellant. Deputy Chief Attorney for Capital Appeals Robert M. Dudek and Assistant Appellate Defender LaNelle C. Durant, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Shawn L. Reeves, of Columbia, and Solicitor Barbara R. Morgan, of Aiken, for Respondent. Danny Whitten appeals from his conviction for assault with intent to commit criminal sexual conduct in the third degree. He contends the trial court erred in refusing to charge assault and battery of a high and aggravated nature as a lesser included offense.
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Wednesday, June 6, 2007 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
15191 Dallas S. Maxwell, Jr., Appellant, v. Lori L. Maxwell, now known as Lori Denise Lette, Respondent. Thomas F. McDow, of Rock Hill, for Appellant. Charles D. Lee, III, of Columbia, for Respondent. In this domestic case, Husband alleges that he did not learn Wife committed adultery prior to the parties' separation until after the family court approved the parties' separation agreement and property settlement. In the underlying action for a final divorce based on adultery, Husband appeals the family court's dismissal of his action to terminate alimony, arguing: (1) the court erred in finding that Wife's alimony was not barred by the alimony statute; (2) the court's refusal to allow Husband to assert after-discovered adultery discourages agreement, encourages frivolous pleadings, rewards concealment, and violates public policy favoring marriage and discouraging adultery; (3) Husband timely raised the issue of Wife's adultery; and (4) his claims were not barred by collateral estoppel or res judicata because he had no prior knowledge of his claim.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
15120 James Bostic, Respondent, v. American Home Mortgage Servicing, Appellant. Jeffrey L. Silver and Donald W. Tyler, Jr., of Columbia, and David M. Souders and Nancy W. Hunt, of Washington, DC, for Appellant. Patrick J. McLaughlin, of Florence, for Respondent. In this summary judgment action concerning the interpretation of S.C. Code Ann. Section 29-3-310 (the lien pay-off statute), American Home Mortgage appeals the circuit court's order granting summary judgment in favor of Bostic. American Home Mortgage argues the circuit court erred in: (1) finding that the submission of the final pay-off check satisfied the "request" requirement of the recording statutes; and (2) reading the "request" requirement out of the statute.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15243 The State, Respondent, v. Jason Sinatra Edwards, Maceo Latonya Edwards, and Jonais Edwards, Appellants. Steven Smith McKenzie, of Manning, for Appellants. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General W. Edgar Salter, of Columbia, and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent. In this criminal case, Appellants posit three major issues: (1) an alleged Batson error committed by the Circuit Judge; (2) a speedy trial violation; and (3) a failure to comply with Rule 3, SCRCrimP.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
15238 Ashley River Properties I, LLC; Emerald Investments, LLC; and Stuart L. Longman, Appellants, v. Ashley River Properties II, LLC; and Kriti Ripley, LLC, Respondents. Richard S. Rosen and Daniel F. Blanchard, III, of Charleston, for Appellants. William C. Cleveland, III, and David B. McCormack, of Charleston, for Respondents. In this civil appeal, Appellants present four major issues: (1) subject matter jurisdiction in regard to South Carolina as juxtaposed to an arbitration proceeding in another state; (2) an alleged forum selection clause violation; (3) a preemption issue in connection with the Federal Arbitration Act and S.C. Code Ann. Section 15-7-120(A); and (4) an alleged issue in regard to enforcement of a forum selection clause and arbitration provision when Appellant Longman was not, in fact, a party.
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12:30 p.m. | (Time Limits: 10-10-5 ) |
15237 Ronald M. Defeo, Respondent, v. Community Services Associates, Inc., Sea Pines Company, Inc., Sea Pines Architectural Review Corporation, Inc., White Hat Properties, Inc., and Analytical Business Services, Defendants, Of Whom White Hat Properties is the Appellant. Richard D. Bybee, of Mt. Pleasant, for Appellant. Dean Britton Bell, of Hilton Head Island, for Respondent. In this action involving the future use of a tract of land located in a residential subdivision, Appellant appeals the special circuit court judge's order finding the challenged tract is restricted to golf course uses and permanently enjoining Appellant from building any residence on the real property.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
15228 Charles W. Penland, d/b/a Woodruff Auto Sales, Appellant, v. State Farm Fire and Casualty Company, Leonard Hinton, Jr., and Tamara J. Hinton, Defendants, of whom State Farm Fire and Casualty Company is the Respondent. William S.F. Freeman, of Greenville, for Appellant. John Kevin Owens, of Spartanburg, for Respondent. This case involves whether a lien holder on a vehicle was given notice that the insurance policy on the vehicle had been cancelled.
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2:45 p.m. | (Time Limits: 10 - 10 - 5) |
14989 Edith Karoly, individually and as personal representative of the Estate of John P. Karoly, Sr., Deceased, John P. Karoly, Jr., Peter J. Karoly, Joseph Karoly, Joanne Billman, Candice Pamerleau, Kim Jacobs and Michael Karoly, Appellants v. Stephen Sumner, Carolina Funeral Services, Inc., Calvin C. Shankle, Weber Funeral Homes, Inc. and Service Corporation International, Defendants, of whom Calvin C. Shankle and Weber Funeral Homes Inc. are the Respondents. Geoffrey H. Waggoner of Mt. Pleasant, Brooks Roberts Fudenberg of Charleston, and Jeffrey G. Weber of Kernersville, N.C. for Appellants. Merritt Abney of Charleston for Respondents. The issue on appeal is whether, in an action for abuse of a corpse, the trial court erred in holding that all claims against respondents, other than breach of contract were barred by res judicata and the full faith and credit provision of the United States Constitution.
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Wednesday, June 6, 2007 | |
Courtroom II
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5) |
15153 Regina Miller, Plaintiff, v. The Unity Group, Inc., Modern Business Associates, Continental Casualty Insurance Company, and SCUEF, Defendants, of whom The Unity Group, Inc. and Modern Business Associates are the Respondents and Continental Casualty Insurance Company is the Appellant. Allison C. Nussbaum and Kirsten L. Barr, of Mt. Pleasant, for Appellant. Natale Fata, of Surfside Beach, for Respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
15212 John R. Marceron and Jeanne M. Marceron, Respondents, v. J. Reese Helms and Brenda Helms, Appellants. Carl Scott Masel, of Myrtle Beach, for Appellants. Mason Summers and Charles E. Carpenter, Jr., of Columbia, for Respondents.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
15188 Ex Parte: Kristen Janee Washington, Dependent Child of Donnell Washington, Deceased Employee, Respondent. In Re: Annette Washington, Appellant, v. Wright Construction Company, Defendant. Stephen Bucher, of Mt. Pleasant, for Appellant. James K. Holmes, of Charleston, for Respondent.
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12:30 p.m. | (Time Limits: 10 - 10 - 5) |
15166 The State, Respondent, v. Bradley C. Davis, Appellant. Joseph P. Cerato, of Charleston, for Appellant. John Benjamin Aplin, of Columbia, for Respondent.
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Cases to be Submitted Without Oral Argument | |
14675 |
The State, Respondent, v. Dennis Williams, Appellant.
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14676 |
The State, Respondent, v. Tony Francis Taylor, Appellant.
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14677 |
The State, Respondent, v. Rodney Grant Williams, Appellant.
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14680 |
The State, Respondent, v. Billy Johnson, Appellant.
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14681 |
The State, Respondent, v. Anthony Bernard Holley, Appellant.
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14682 |
The State, Respondent, v. Laurie Ray Bowman, Appellant.
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14683 |
The State, Respondent, v. Craig Gantt, Appellant.
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14685 |
The State, Respondent, v. Frankie Alan Dover, Appellant.
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14686 |
The State, Respondent, v. Willie Dennis, Appellant.
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14699 |
Marvin Brown, Appellant, v. State of South Carolina, Respondent.
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14710 |
The State, Respondent, v. Xavier Smith, Appellant.
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14713 |
The State, Respondent, v. Jesse Holland, Appellant.
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14714 |
The State, Respondent, v. Randolph David Jordan, Appellant.
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14715 |
The State, Respondent, v. Keith Lamont Conyers, Appellant.
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14716 |
The State, Respondent, v. Jack McDaniel Clayton, Appellant.
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14717 |
In the Interest of Barry Mc., A Juvenile under the age of seventeen (17), Appellant.
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14721 |
The State, Respondent, v. Eric Harrison, Appellant.
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14722 |
The State, Respondent, v. Stephanie J. Easterling, Appellant.
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14723 |
The State, Respondent, v. Nathaniel Green, Appellant.
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14724 |
The State,Respondent, v. Crawford Williams,Appellant.
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14725 |
The State, Respondent, v. George C. Truesdell, Applleant.
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14726 |
The State, Respondent, v. Jeremy Richard Moon, Appellant.
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14727 |
The State,Respondent, v. David Williams,Appellant.
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14728 |
The State,Respondent, v. Terry Perry Michael Scott,Appellant.
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14729 |
The State,Respondent, v. Matthew L. Singletary,Appellant.
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14730 |
The State,Respondent, v. Franklin Robinson,Appellant.
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14749 |
The State,Respondent, v. Moses Jenkins,Appellant.
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14754 |
The State,Respondent, v. Antjuan Tobias Green,Appellant.
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14755 |
The State,Respondent, v. Leon Julius Broadwater,Appellant.
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14756 |
The State,Respondent, v. Dwayne Lamont Frederick,Appellant.
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14757 |
The State,Respondent, v. Calvin L. Sanders,Appellant.
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14758 |
The State,Respondent, v. William Scott Whitfield,Appellant.
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14759 |
The State,Respondent, v. John Curtis McCoy,Appellant.
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14785 |
The State,Respondent, v. Lee Edward Ellerbe,Appellant.
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14787 |
The State,Respondent, v. Donald Greg Holland, aka Larry Holland,Appellant.
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14788 |
The State,Respondent, v. Ernest Anthony Evans,Appellant.
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14789 |
The State,Respondent, v. David M. Chapman,Apppellant.
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14790 |
The State,Respondent, v. Alfredo S. Astudillo,Appellant.
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14791 |
The State,Respondent, v. Daniel Dale Browder,Appellant.
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14792 |
The State,Respondent, v. James J. Dator,Appellant.
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14793 |
The State,Respondent, v. Carlos Morales Hernandez,Appellant.
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14794 |
The State,Respondent, v. Profit Julious Finch,Appellant.
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14798 |
The State,Respondent, v. Troy Burgess,Appellant.
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14799 |
The State,Respondent, v. David Dillard,Appellant.
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14971 |
The State,Respondent, v. Christopher Earl Lane,Appellant.
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15159 |
Ronnie Robinson, Respondent, v. Greenville Water System and State Accident Fund, Appellants.
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15161 |
Ecclesiastes Production Ministries, Appellant, v. Outparcel Associates, LLC, Respondent.
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15162 |
Susan B. Thornton, Appellant, v. Michael C. Thornton, Respondent.
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15164 |
BPD Diversified, Inc., d/b/a Bank Planning and Design, Respondent, v. Benchmark Capital Investment, LLC, Appellant.
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15178 |
The State,Respondent, v. George Wigington,Appellant.
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15187 |
Raphael Suber,Appellant, v. State of South Carolina,Respondent.
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15189 |
Gregory L. Ayers, M.D., Thomas L. Brown, M.D., Bill R. Chandler, Everette P. Fuller, M.D., and Reidville Investment Properties, LLC., Respondents, v. W. E. Freeman, Appellant.
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15192 |
Jessie Stutts, Respondent, v. Harper James Finucan, Inc., Employer, and Auto Owner's Insurance Co., Carrier, Appellants.
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15195 |
Mark Nash, Joel Kennedy, David Prosser, Denise Prosser and Jerry Stevens, Appellants, v. Tindall Corporation, formerly Tindall Concrete Products, Inc., Defendants.______________________Joyce Million, Appellant, v. Tindall Corporation, formerly Tindall Concrete Products, Inc., Respondent.
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15196 |
Roque Hernandez-Zuniga, Appellant, v. Andrew Tickle and SC Uninsured Employers Fund, Respondents.
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15197 |
Howard L. Hendricks, Respondent, v. William T. Hicks, and Miss Kitty's Inc., Appellant.
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15199 |
Jane Agnew Brown, Izetta Pruitt Agnew, Timothy Wigington Agnew, Thomas Simpson Agnew, Rebecca Ann Girardieau, All individually and as Trustees for Thomas Simpson Agnew as Guardian of John Pruitt Agnew, Respondents, v. Susan Agnew Worthington and James Hugh Agnew, Defendants, Of Whom Susan Agnew Worthington is Respondent And James Hugh Agnew is the Appellant.
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15201 |
The State,Respondent v. Jeremy Avery,Appellant.
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15208 |
James W. Williams, Appellant, v. Otis David Gould, Respondent.
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15209 |
Vivian Lorraine Gilmer, Respondent, v. Larry Charles Lee, Appellant.
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15213 |
James H. Dickey, individually and as Personal Representative for the Estate of Ruth S. Dickey, deceased, Plaintiff, Of Whom James H. Dickey, individually, is the Appellant, v. Clarke Nursing Home, Cooke Associates of Florence, Inc., Carolinas Hospital System, and Does A-Z, Defendants, Of Whom Clarke Nursing Home is the Respondent.
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15214 |
The State,Respondent, v. Shawn Wiles,Appellant.
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15226 |
Michael Kelley, Appellant, v. Debra Kelley, Respondent.
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15227 |
Amy Self, Appellant, v. City of Gaffney, County of Cherokee, and M.D. Vanderburg, Respondents.
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15229 |
Bryan Patrick Robbins, Appellant, v. Walgreens and Broadspire Services, Inc., Respondents.
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15230 |
Ronald Lynn Jenkins, Appellant, v. Maria T. Jenkins, Respondent.
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15239 |
Roosevelt Eison, Petitioner v. State of South Carolina, Respondent.
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15240 |
The State, Respondent, v. Elbert Blocker, Appellant.
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15242 |
The State, Respondent, v. Clarence Gibbs, Appellant.
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15245 |
Jafar Hasseini, Appellant, v. Alicestine Hamilton, Personal Representataive of the Estate of Melvin Hamilton, Respondent.
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15246 |
Hilton Head Plantation Property Owners' Association, Inc., a South Carolina not-for-profit corporation, Appellant, v. Thomas M. Donald, Laura E. Donald, Dieter Meuderscheid, Rita Meuderscheid, M. Simone Lawrence, Alan J. Palchak, Dori S. Palchak, Jacqueline T. Strickland, John J. Geiger, Joyce A. Geiger, J. Keith Elmblad, June A. Elmblad, J. Louis Grant, Mary Jean Farley, Daniel M. Driscoll, Leslie Hunt Driscoll, Vincent Paul Eck, Cecile O'Neill Eck, Edgar B. Seeley, Cynthia H. Seeley, Guy M. Blount, Melanie Blount, The State of South Carolina, and Jane Doe and Robert Roe, representing unknown Defendants, Minors, Incompetents, Persons Under Disability, and Members of the Armed Forces of the United States of America, Defendants, of whom Thomas Donald, Laura E. Donald, The State of South Carolina, Jane Doe and Robert Roe, representing unknown Defendants, Minors, Incompetents, Persons Under Disability, and Members of the Armed Forces of the United States of America, are Respondents.
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15252 |
Jimmy Washington, Appeallant, v. South Carolina Department of Corrections, Respondent.
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15048 |
John Roe, Respondent, v. David Allen Jones, Samuel Decorian Thompson, a minor under the age of eight (8) years, Alicia Roe, f/k/a Alicia Thompson, and John Doe, Defendants, of whom David Allen Jones is the Appellant.
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