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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 8, 2010 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5) |
17021 John Musick, Respondent, v. Thomas L. Dicks and Robert E. Dicks, Jr., Appellants. Demetri K. Koutrakos, of Columbia, for Appellants. Mary Maddison B. Langway and Thomas C. Brittain, of Myrtle Beach, for Respondent. This appeal arises out of cross motions for summary judgment before the Master-In-Equity. The master granted summary judgment in favor of Respondent John Musick (Musick) and dismissed the action. Appellants Thomas L. Dicks and Robert E. Dicks, Jr. (Appellants) argue that the court erred in granting Musick's motion, in denying their motion, and in finding Appellants violated the restrictive covenants of the subdivision by further subdividing a 2.67 acre parcel.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
17611 Darryl Sweetser, Individually and on Behalf of All Others Similary Situated, Appellant v. South Carolina Department of Insurance Reserve Fund, Respondent. Mark D. Chappell and W. Hugh McAngus, Jr., of Columbia, and David L. Hood, of Georgetown, for Appellant. Andrew F. Lindemann, of Columbia, for Respondent. Darryl Sweetser was involved in a motor vehicle accident with an uninsured motorist. Sweetser argues the circuit court erred in granting summary judgment in favor the South Carolina Insurance Reserve Fund (SCIRF) by concluding Sweetser's recovery for his uninsured motorist claim would be reduced by the amount of benefits he received in his workers' compensation claim.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
17612 William Walker & Terri Walker, Appellants, v. Sandy Pointe Homeowners Association, Inc., Toby Britt, Don Wafer and Joey Holbert, Respondents. Randall Scott Hiller, of Greenville, for Appellants. Stephen D. Baggett, of Greenwood, for Respondents. The Walkers appeal the trial court's ruling upholding the Architectural Review Committee's (ARC) rejection of the location they submitted for the building of their house.
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12:30 p.m. | (Time Limits: 10 - 10 - 5) |
17472 The State, Respondent, v. Perry Keith Strickland, Appellant. Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Assistant Attorney General Deborah R.J. Shupe, of Office of the Attorney General, of Columbia, for Respondent. In this criminal case, Perry Strickland appeals his convictions for voluntary manslaughter and assault and battery of a high and aggravated nature, arguing the trial court committed error when it refused to grant a directed verdict in his favor.
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2:00 p.m. | (Time Limits: 10-10-5) |
17453 The State, Respondent, v. Reginald R. Latimore, Appellant. Appellate Defender LaNelle C. DuRant, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Respondent. The Court of Appeals must decide whether the circuit court committed reversible error at Reginald Lattimore's trial for failing to register as a sex offender when the circuit court (1) instructed the jury that Lattimore was convicted of committing a lewd act on a child despite a pre-trial stipulation that the jury would only be told Lattimore was convicted of a crime requiring him to register as a sex offender; (2) did not grant a directed verdict, despite the State's failure to establish Lattimore had notice of a new requirement for sex offender registration that was not in effect at the time of his indictment; and (3) excluded Lattimore's probation agent from testifying about not instructing Lattimore of the new registration requirements.
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2:45 p.m. | (Time Limits: 10 - 10 - 5) |
17665 Miriam Rodriguez as Personal Representative of the Estate of Francisco Martinez Marco, Respondent, v. Alexander Gutierrez, Ernesto Gutierrez, and Jose A. Reyes d/b/a Cinco de Mayo, Defendants,of whom Jose A. Reyes d/b/a Cinco de Mayo is the Appellant. Walter Christopher Castro, of Myrtle Beach, for Appellant. William I. Diggs, of Myrtle Beach, for Respondent. In this civil case, we must determine whether the trial court erred in denying Jose Reyes's motion to set aside default judgment when, according to Reyes, Respondent's counsel elected to notify Reyes personally despite knowing that Reyes was represented by counsel.
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Wednesday, June 16, 2010 | |
Courtroom I
(Court convenes at 11:00
a.m.)
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11:00 a.m. | (Time Limits: 10 - 10 - 5) |
17523 The State, Respondent, v. Charles Wesley Lawrimore, Appellant. Senior Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Deborah R. J. Shupe, of Office of the Attorney General, of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent. Charles Wesley Lawrimore appeals his conviction and sentence for abuse or neglect of a vulnerable adult pursuant to Section 43-35-85(F) of the South Carolina Code (Supp. 2009), arguing the circuit court erred in refusing to grant a directed verdict and in allowing the lead investigator to testify to the competency of the victim in violation of Rule 702, SCRE.
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11:45 a.m. | (Time Limits: 10 - 10 - 5) |
17562 Corrie R. Cartee, as personal representative for the Estate of Gene Edward Cartee, Sr., deceased, Appellant, v. David Mark Countryman, M.D.; Walter S. Revell, Jr., M.D.; Piedmont Surgical Associates of York County, P.A.; Amisub of South Carolina, Inc. d/b/a Piedmont Medical Center; Tenet Healthcare Corp., d/b/a Piedmont Healthcare System and Piedmont Medical Center; Nathaniel C. Edwards, M.D.; Thomas V. Johnson, M.D.; Harry E. Hicklin, III, M.D., The Sanger Clinic, P.A.; Rajesh Hari Kedar, M.D.; Metrolina Medical Associates, P.A.; and Robert Paul Neueton Mingus, M.D.;, Defendants, of whom David Mark Countryman, M.D.; Piedmont Surgical Associates of York County, P.A., Rajesh Hari Kedar, M.D., Metrolina Medical Associates, P.A.,and Robert Paul Neueton Mingus, M.D. are the Respondents. Charles L. Henshaw, Jr., of Columbia, and Benjamin Mabry, of Columbia, for Appellant. Ashby W. Davis, Steven A. Snyder, David L. Williford, and Collie W. Lehn, Jr., of Greenville, for Respondent David Mark Countryman, M.D. H. Spencer King, of Spartanburg, for Respondent Piedmont Surgical Associates of York County, P.A. Edward G. Smith, of Spartanburg, for Respondent Rajesh Hari Kedar, M.D. & Metrolina Medical Association. Robert H. Hood, of Charleston, for Respondent Robert Paul Neueton Mingus, M.D. In this medical malpractice case from York County, the appellant appeals the trial court's grant of summary judgment in favor of various respondents. The appellant alleges the grant of summary judgment was error because, (1) there exists a material issue of fact as to whether the respondents deviated from generally recognized and accepted standards of medical care, (2) it was granted upon grounds not raised in the motion, (3) the trial court improperly determined the appellant's expert witness did not testify to proximate cause with the requisite certainty, and (4) the trial court improperly found the appellant's expert testimony failed to establish a standard of care for an anesthesiologist.
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
17587 The State, Respondent, v. Rita G. Bixby, Appellant. Appellate Defender Elizabeth A. Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, of Office of the Attorney General, of Columbia, and Solicitor Jerry W. Peace, of Greenwood, for Respondent. Rita Bixby was convicted of conspiracy and two counts of accessory before the fact of murder. Bixby appeals, alleging that the trial court erred in admitting statements made by Steven Bixby to third parties as statements made in furtherance of a conspiracy under Rule 801(2)(E), SCRE and in admitting letters Steven Bixby wrote to third parties. Bixby also contends that the trial court failed to provide the jury with adequate limiting instructions.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
17600 Carlisle McNair, Appellant v. United Energy Distributors, Respondent. William R. Calhoun, Jr. and David M. Ratchford, of Columbia, for Appellant. Larry Dwight Floyd, Jr, of Columbia, for Respondent. In the appealed order, the circuit court affirmed a summary court order dismissing McNair's application for ejectment. McNair appeals, arguing (1) the circuit court erred in de facto rewriting the parties' contract to make it a twenty-year lease rather than a five-year lease with an option for three renewals, (2) the circuit court failed to give due consideration to relevant statutory law, (3) the circuit court relied on case law that was distinguishable from the present controversy rather than on a case that was directly on point, (4) the circuit court erred in considering parole evidence, and (5) the circuit court should not have decided the case on equitable grounds.
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3:30 p.m. | (Time Limits: 10 - 10 - 5) |
17591 Chad Randall Foster, Respondent v. Old American Lumber, LLC, Employer, Commerce & Industry Insurance Company, Carrier, And SC Uninsured Employer's Fund, Defendants Of Whom Old American Lumber and SC Uninsured Employer's Fund are Respondents and Commerce & Industry Insurance Company is the Appellant. Ellen M. Adams, Christian Stegmaier, and Amy L. Neuschafer, of Columbia, for Appellant. Danny Allen, of Spartanburg, for Respondent Chad Randall Foster. Stanley T. Case, of Spartanburg, for Respondent Old American Lumber, LLC. C. Roland Jones, Jr, of Spartanburg, for Respondent SC Uninsured Employers Fund. The workers’ compensation carrier appeals the Commission’s ruling that cancellation of coverage is an affirmative defense which must be pled in a Form 51, and is waived when the carrier enters only a general denial.
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Tuesday, June 22, 2010 | |
Courtroom I
(Court convenes at 2:00
p.m.)
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
17663 Karen B. Pruitt, Respondent, v. Raymond Scott Pruitt and Karen Leigh Pruitt, Appellants. Kenneth E. Sowell, of Anderson, for Appellants. H. Lee Herron, of Florence, for Respondent. In this divorce action, Raymond Pruitt (Husband) and Karen Leigh Pruitt, Husband's sister (Sister), challenge the family court's final decree divorcing Karen B. Pruitt (Wife) from Husband. They contend that the family court erred in: (1) finding that Sister made no loan to Husband to support his business and to finance improvements to the home he owned prior to the marriage and used as the marital residence; (2) characterizing gifts from Husband's family as marital property; (3) concluding that the marital residence was transmuted into marital property; and (4) finding that Husband's adultery was the sole reason for the breakup of the marriage and in using this finding as a basis for awarding a greater percentage of the marital assets to Wife.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
17615 Robert Coake and Susan Coake, Appellants/Respondents v. Kathleen Burt, n/k/a Kathleen Thomason, Respondent/Appellant. James A. Blair, III and Kristen E. Small, of Greenville, for Appellants-Respondents. Harold P. Threlkeld, of Anderson, for Respondent-Appellant. On appeal, Robert and Susan Coake argue the trial court erred in granting Kathleen Burt's motion for a directed verdict on their cause of action for violation of the Residential Property Condition Disclosure Act. Kathleen Burt cross-appeals and maintains the trial court erred in failing to award her attorney's fees.
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3:30 p.m. | (Time Limits: 10 - 10 - 5) |
17549 Margaret M. Reiss, Respondent v. Paul W. Reiss and Pamela Buck a/k/a Pamela Evans, Defendants, of whom Pamela Buck a/k/a Pamela Evans is the Appellant. Emily G. Johnston, of Mt. Pleasant, and Donald Bruce Clark, of Charleston, for Appellant. Stephanie Pendarvis McDonald, of Charleston, for Respondent. In this domestic action, Pamela Buck argues the family court erred in entering a judgment against her for $336,210 or $262,000 when there was no factual or legal basis for a judgment in any amount other than $152,000.
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4:15 p.m. | (Time Limits: 10 - 10 - 5) |
17594 Kenneth B. Jenkins, Respondent, v. Benjamin Scott Few and Few Farms,Inc., Appellants. Robert Clyde Childs, III, of Greenville, and J. Falkner Wilkes, of Greenville, for Appellants. Fred W. Suggs, III, of Greenville, for Respondent. In this tort action, a jury found Benjamin Scott Few and Few Farms, Inc., (Few) liable to Kenneth B. Jenkins for damage to his truck and lost profits. On appeal, Few maintains the trial court erred in failing to grant his motions for directed verdict, in failing to reduce actual damages, in qualifying an expert witness, and in failing to reduce punitive damages.
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Wednesday, June 23, 2010 | |
Courtroom I
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
17608 Danny R. Prince, Respondent, v. Beaufort Memorial Hospital and it Employees, Servants and Agents, Appellants. James S. Gibson, Jr. and Mary B. Lohr, of Beaufort, for Appellant. Terry Wayne Yarbrough, of Bluffton, for Respondent. In this action pursuant to the Tort Claims Act, Beaufort Memorial Hospital appeals the trial court's decision declaring certain contents of its Quality Assurance Committee's file discoverable and ordering a new trial.
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3:30 p.m. | (Time Limits: 10-10-5) |
17656 Faye Fletcher, Appellant, v. Medical University of South Carolina, Respondent. James H. Moss, of Beaufort, for Appellant. Dawes Cooke, Jr. and Lucinda Gardner Wichmann, of Charleston, for Respondent. Fletcher appeals the grant of directed verdict in favor of MUSC on her medical malpractice claims for negligence in the performance of her subclavian bypass surgery and for performing the procedure without adequately advising her of the associated risks.
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Wednesday, June 23, 2010 | |
Courtroom II
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10 - 10 - 5) |
17561 Michael D. Crisp, Jr., Employee, Respondent, v. SouthCo. Inc., Employer and Pennsylvania National Mutual Casualty Insurance Co., Carrier, Appellants. Vernon F. Dunbar, of Greenville, for Appellants. Kathryn Williams, of Greenville, for Respondent.
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Cases to be Submitted Without Oral Argument | |
17346 |
Mary Elizabeth Miller, Appellant, v. Burl E. Miller, Jr., Respondent.
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17376 |
The State, Respondent, v. Benjamin Levi George, Appellant.
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17381 |
The State, Respondent, v. Wayne Jenkins, Appellant.
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17391 |
The State, Respondent, v. Daniel C. Woods, Appellant.
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17396 |
Jesse Lee Crawford, Appellant, v. Sue Crawford, Respondent.
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17397 |
Sherry Ann Felder, Respondent v. Lawrence Gordon, Appellant.
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17399 |
Full Steam Ahead, Inc., Respondent, v. Mary Graham, Appellant.
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17441 |
The State, Respondent, v. Harry Johnson, Appellant.
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17443 |
The State, Respondent, v. Robert Lee Foster, Appellant.
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17444 |
The State, Respondent, v. Cedric Kearse, Appellant.
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17445 |
The State, Respondent, v. Jerry L. Rosemond, Appellant.
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17446 |
The State, Respondent, v. James Matthew Inman, Appellant.
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17447 |
The State, Respondent, v. Daniel McNeil, Jr., Appellant.
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17448 |
The State, Respondent, v. Larry Morgan, Appellant.
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17449 |
The State, Respondent, v. Michelle Gray Myers, Appellant.
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17450 |
In The Interest of Tremaine H., A Juvenile Under The Age Of Seventeen, Appellant.
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17451 |
The State, Respondent, v. Antonio D. Barton, Appellant.
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17454 |
The State, Respondent, v. Gary Joseph Gilbert, Appellant.
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17455 |
The State, Respondent, v. Michael A. Carr, Appellant.
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17456 |
The State, Respondent, v. Darian K. Robinson, Appellant.
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17461 |
The State, Respondent, v. Brandon D. Priest, Appellant.
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17462 |
The State, Respondent, v. Michael Adam Bailey, Appellant.
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17471 |
The State, Respondent, v. Robert Allen Young, Appellant.
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16311 |
The State, Respondent, v. Van Starling, Appellant.
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16407 |
The State, Respondent, v. Clyde Leroy McBride, Appellant.
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16886 |
The State, Respondent, v. James Jones Jordan, III, Appellant.
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16903 |
The State, Respondent, v. James Bryan Stancil, Appellant.
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17197 |
James Clark, Jr., Employee, Appellant v. Pyramid Masonry Contractors, Inc., Employer and Hartford Fire Insurance Company, Carrier, Respondents.
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17212 |
David L. Peeler, Appellant, v. Town of Cowpens, Respondent.
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17271 |
Maureen Blackwell and Walter L. Blackwell, III, Appellants, v. Janis Birket, Jeromy Birket and Does 1 thru 20 inclusive, Defendants, Of whom Janis Birket, Jeromy Birket are the Respondents.
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17272 |
Janis and Jeromy Birket, Respondents, v. Walter L. and Maureen Blackwell, Appellants.
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17273 |
The Fenollol Group, Inc., Respondent v. Beasley Jo Banister and Samuel Banister d/b/a Hilltop Diner, Appellants.
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17339 |
The State, Respondent, v. Christopher Antangelo Robinson, Appellant.
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17558 |
Cricket Cove Ventures, LLC, Appellant v. Elizabeth Gillland and Harold G. Worley, and Persons Unknown, being "Jane Doe" and "Richard Roe", Defendants, Of Whom Elizabeth Gilland and Harold G. Worley are Respondents.
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17559 |
Rae Ann Valentine Cauble, Respondent, v. Winston Reid Cauble, Appellant.
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17590 |
Renee M. High, Respondent/Appellant, v. John A. High, II, Appellant/Respondent.
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17599 |
Joe Cephus Floyd, Appellant, v. Spartanburg Dodge, Inc., Bank of America, N.A., and Daimler Chrysler Motors, LLC, Respondents.
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17601 |
Joyce Marrero,Appellant, v. Michael Hankins, Respondent.
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17664 |
Pauline J. O'Keefe in the matter of Pauline T. Muckenfuss, Appellant, v. Wendell L. Muckenfuss, and Thomas D. Muckenfuss III, Respondents.
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18008 |
Maureen Blackwell and Walter L. Blackwell, III, Appellants v. Janis Birket, Jeromy Birket and Does 1 thru 20 inclusive, Defendants Of Whom Janis Birket and Jeromy Birket are Respondents.
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17519 |
The State, Respondent, v. Reginald R. Lattimore, Appellant.
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17530 |
The State, Respondent, v. Ackief Pauling, Appellant.
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17340 |
The State, Respondent, v. Ricky Darren Sanders, Appellant.
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17560 |
Phyllis Barrineau Baker, Appellant, v. Jerry Michael Baker, Respondent.
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17589 |
Beverly L. Hampton, Appellant, v. Laura B. Pfohl, Respondent.
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