PREV | June 2011 | NEXT |
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 7, 2011 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5) |
18592 Lee Edwards Cunningham, Respondent, v. Gary T. Cason and Phillips Brothers Properties, LLC, Defendants, Of whom Phillips Brothers Properties, LLC is the Appellant. Knox L. Haynsworth, III, of Greenville, for Appellant. Richard Price, Jr, of Easley, for Respondent. Phillips Brothers Properties LLC (Phillips Brothers) appeals the order of the trial court voiding a tax sale of the property of Lee Edwards Cunningham and voiding the deed of the tax sale purchaser, Gary T. Cason, to Phillips Brothers.
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11:00 a.m. | (Time Limits: 10 - 10 - 5) |
18416 MRI at Belfair, LLC, Appellant, v. South Carolina Department of Health and Environmental Control and Coastal Carolina Medical Center, Respondents. John F. Beach and John J. Pringle, Jr., of Columbia, for Appellant. Ashley C. Biggers, Carlisle Roberts, and Kristi L. Pawlowski, of Columbia, for Respondent South Carolina Department of Health & Environmental Contol. Travis Dayhuff and Holly G. Gillespie, of Columbia, for Respondent Coastal Carolina Medical Center. In this appeal, MRI at Belfair (Belfair) contends the Administrative Law Court (ALC) improperly construed certain statutes and regulations in concluding Coastal Carolina Medical Center's (Coastal) implemented project was not a substantial change from its original project. Additionally, Belfair contends the ALC improperly placed the burden of proof upon Belfair to establish Coastal's changes to its project were substantial and failed to find Coastal's certificate of need was voided by the transfer of Coastal's ownership to a new entity.
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11:45 a.m. | (Time Limits: 10 - 10 - 5) |
18337 South Carolina Department of Social Services, Respondent, v. Mary C. and Daniel C., Defendants, Of Whom Mary C. is the Appellant and Daniel C. is the Respondent.__________________Mary C., Appellant, v. Daniel C., Respondent. David Michael Collins, Jr., and J. Benjamin Stevens, of Spartanburg, for Appellant. Albert V. Smith, of Spartanburg, for Respondent Daniel C. Deborah Murdock, of Mauldin, for Respondent South Carolina Department of Social Services. Catherine C. Christophillis, of Greenville, Guardian Ad Litem. Robert A. Clark and Don J. Stevenson, of Greenville, for Respondent Guardian Ad Litem. Virginia Cravens Ravenel, of Columbia, for South Carolina Guardian ad Litem Program. On appeal from the family court, the mother argues the family court improperly weighed the evidence in a consolidated private custody and DSS intervention action regarding the identity of the child's sexual abuser. In addition, the mother claims the family court erred in assessing attorney's fees against mother for the appointed guardian ad litem in both the private custody action and the DSS intervention action.
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12:30 p.m. | |
18562 Gloria Pittman, Respondent, v. Jetter Pittman and Pittman Professional Land Surveying, Inc., Defendants, Of whom Jetter Pittman is the Appellant. Thomas F. McDow and Erin U. Fitzpatrick, of Rock Hill, for Appellant. Daniel Dominic D'Agostino, of York, for Respondent. This is an appeal of a divorce decree. Husband alleges error in the family court's findings of fact; alimony award; identification, valuation, and division of the marital property; and award of attorney's fees to Wife.
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Wednesday, June 8, 2011 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5) |
18552 Scott G. Roesler, Respondent, v. Sara A. Roesler, Appellant. J. Falkner Wilkes, of Greenville, for Appellant. Joseph M. Ramseur, Jr., of Greenville, for Respondent. In this action for divorce, Sara A. Roesler argues the family court erred in (1) finding it had subject matter jurisdiction, (2) proceeding with trial when she was not represented by counsel, (3) failing to make an inquiry or award of alimony, and (4) exempting the case from mediation.
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10:15 a.m. | (Time Limits: 10 - 10 - 5) |
18544 Rebecca West, Respondent, v. Todd Morehead and Columbia City Paper, LLC., and Paul Blake, Appellants. Evan Brook Bristow, of Columbia, for Appellants. S.Jahue Moore, Jr, of West Columbia, for Respondent. This defamation case stems from an article published in the Columbia City Paper that allegedly described Rebecca West as a "corruptible attorney" and a "two-bit lawyer" who would "even turn on [her] own clients if the retainer is juicy enough." The jury returned a verdict in favor of West for $10,000.00 in actual damages and $30,000.00 in punitive damages. On appeal, Defendants argue that the trial court erred in denying their motions for judgment notwithstanding the verdict and their motion for a new trial absolute.
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11:30 a.m. | (Time Limits: 10 - 10 - 5) |
18529 The State, Respondent, v. Aurelio Vincent Ottey, Appellant. Chief Appellate Defender Robert M. Dudek and Assistant Appellate Defender Kathrine Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Melody Brown, of Office of the Attorney General, of Columbia, for Respondent. Aurelio Vincent Ottey appeals his conviction for murder and sentence of life imprisonment after a trial by jury, arguing the trial court erred in: (1) qualifying an officer as an expert in cell phone investigation; (2) refusing to allow cross-examination of a witness to show bias or motive to misrepresent pursuant to Rule 608(c), SCRE; and (3) finding evidence Ottey helped pay for the decedent's abortion inadmissible.
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
18549 Patrick J. Williams, Robert A. Bates, Sr., Linda R. Bates, Mike Sheldon, and Carol Sheldon, Appellants, v. South Carolina Department of Health and Environmental Control and Bolen Turkey Farm, Respondents. Robert Guild, of Columbia, for Appellants. Stephen Philip Hightower, of Columbia, for Respondent South Carolina Department of Health and Environmental Control; Michael P. Horger, of Orangeburg, for Respondent Bolen Turkey Farm. In this permitting case, Appellants argue the Administrative Law Court erred in ordering the Department of Health and Environmental Control issue a permit to Bolen Farm to construct and operate a new agricultural animal facility.
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2:45 p.m. | (Time Limits: 10 - 10 - 5) |
18551 Sandra C. Smith, Respondent, v. Tracy E. Widener, Stacy E. Currie, Ronald Widener, The Estate of James Donald Epting, CitiStreet, LLC, and Karen S. Erickson, Defendants, of whom Tracy E. Widener, Stacy E. Currie and The Estate of James Donald Epting are Appellants. John S. Nichols, of Columbia, and Amy Lohr Gaffney, of Columbia, for Appellants. Karl Stephen Brehmer, of Columbia, for Respondent. Tracy E. Widener, Stacy E. Currie, and the Estate of James Donald Epting allege the circuit court erred in denying their motion for set-off and reallocation of the proceeds of the settlement agreement between Sandra Smith and CitiStreet, LLC.
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3:30 p.m. | (Time Limits: 10 - 10 - 5) |
18311 David Ray Tant, Appellant, v. South Carolina Department of Corrections, Respondent. Desa Ballard, of West Columbia, for Appellant. Christopher D. Florian, of Columbia, for Respondent. David Ray Tant appeals SCDC's change in its interpretation of his sentence from fifteen years to forty years. The Administrative Law Court affirmed SCDC's decision. On appeal, Tant argues SCDC does not have the authority to modify his sentence, doing so violates his due process rights, the sentencing sheet should control over the judge's oral pronouncement, and the transcript of the sentencing hearing should not be included in the record.
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Wednesday, June 15, 2011 | |
Courtroom I
(Court convenes at 10:30
a.m.)
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10:30 a.m. | (Time Limits: 10 - 10 - 5) |
18382 Case # 2005-CP-26-3289 Tony L. Pope and Lynn S. Pope, Individually and Representing As A Class All Unit Owners for Riverwalk At Arrowhead Country Club Horizontal Property Regime, Respondents, v. Heritage Communities, Inc., Heritage Riverwalk, Inc., and Buildstar Corporation, Appellants.__________Case # 2003-CP-26-7169 Riverwalk At Arrowhead Country Club Property Owner's Association, Inc., Respondent, v. Heritage Communities, Inc., Heritage Riverwalk, Inc., and Buildstar Corporation, Appellants. William L. Howard, Stephen L. Brown, and Russell G. Hines, of Charleston, for Appellants. C. Mitchell Brown, William C. Wood, Jr., A. Mattison Bogan, and Michael J. Anzelmo, of Columbia, for Appellants. John P. Henry and Philip C. Thompson, of Conway, for Respondents. Appellants, in these two construction defect actions, appeal combined verdicts totaling $5.5 million. Appellants allege the trial court erred in: (1) charging the jury in regard to negligence; (2) finding Appellants were amalgamated; (3) permitting evidence of instances of construction defects at Appellants’ other projects; (4) denying Appellants’ motion to decertify a class; (5) admitting evidence of remedial measures and expert testimony of loss of use damages; and (6) denying Appellants’ motions for directed verdicts and judgment notwithstanding the verdicts.
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11:15 a.m. | (Time Limits: 10-10-5) |
18460 The State, Respondent, v. Andre Jackson, Appellant. Assistant Appellate Defender Kathrine Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney Gerneral Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, of Office of the Attorney General, of Columbia, for Respondent. Andre Jackson appeals his conviction of possession with intent to distribute marijuana arising out of a traffic stop. He argues the trial court erred in failing to exclude the stop and denying his motion for a directed verdict due to his mere presence.
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Wednesday, June 22, 2011 | |
Courtroom I
(Court convenes at 10:00
a.m.)
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10:00 a.m. | (Time Limits: 10-10-5) |
18427 Stevens Aviation, Inc., Respondent, v. DynCorp International LLC, and Science Applications International Corporation, Defendants, Of Whom DynCorp International LLC is the Appellant. C. Mitchell Brown, A. Mattison Bogan, and Michael J. Anzelmo, of Columbia, for Appellant. William S. Brown, Lane W. Davis, and Steven E. Buckingham, of Greenville, for Appellant. Keith Munson, of Greenville, and Kathy A. Wisniewski, of St. Louis, Missouri, for Respondent. In this contract action, DynCorp International LLC (DynCorp) appeals a trial court's grant of partial summary judgment to Stevens Aviation, Inc. (Stevens) on the interpretation of a contract between the parties. DynCorp argues the trial court erred in (1) granting partial summary judgment on grounds not before it; (2) incorporating a prior agreement between Stevens and DynCorp into a later agreement between them; (3) holding the later agreement was an exclusive requirements contract; and (4) ruling on these issues without permitting DynCorp to conduct further discovery.
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Wednesday, June 8, 2011 | |
Courtroom II
(Court convenes at 11:00
a.m.)
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11:00 a.m. | (Time Limits: 10 - 10 - 5) |
18559 Marcus Moeller, Respondent, v. Anna Brooke Moeller, Appellant. William Norman Epps, of Anderson, for Appellant. Christopher Lance Sheek, of Greenwood, for Respondent. Adam S. Bacot, of Greenwood, for Guardian Ad Litem. Anna Padgett, of Greenwood, for Guardian Ad Litem.
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11:45 a.m. | (Time Limits: 10 - 10 - 5) |
18308 Cheryl Ann Burch, Appellant, v. Thomas Andrew Burch, Respondent. John D. Elliott, A. Camden Lewis, and Ariail E. King, of Columbia, for Appellant. James T. McLaren, of Columbia, for Respondent.
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Cases to be Submitted Without Oral Argument | |
17630 |
The State, Respondent, v. MacArthur Lee, Jr., Appellant.
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17923 |
Wells Fargo Bank, National Association, as Trustee for Securitized Asset Backed Receivable, LLC 2006-OP1 Mortgage Pass-Through Certificates, Series 2006-OP1, Respondent, v. Verianne A. Barker, Four Seasons Farms Homeowners Association, Inc., Defendents, Of whom Verianne A. Barker is the Appellant.
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17936 |
Daniel Strickland and Mary Fornby, Appellants, v. Glen Kinard d/b/a Town & Country of Hampton, Respondent.
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17965 |
The State, Respondent, v. Robert Daniel Hedgepath, Appellant.
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18016 |
Chris Salek, Appellant, v. Nirenblatt, Nirenblatt & Hoffman, L.L.P., d/b/a Townhouse Village Apartments, Respondents.
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18025 |
Southcoast Community Bank, Respondent, v. Low-Country State Leasing, LLC a/k/a Low-Country State Leasing, LLC d/b/a McGuire's Irish Pub, LLC; McGuire's Irish Pub, LLC, Jacqueline Kroth; David A. Kroth; The United States of America; South Carolina Department of Revenue; South Carolina Employment Security Commission; Town of Summerville; Carolina Waste Services; OK Grocery; and Quattlebaum & Murphy, LLP, Defendants,______________Charles R. Giles, Jr. and Albert Sheppard, Intervenors, Appellants.
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18043 |
Clarene Freeman, Appellant, v. South Carolina Budget and Control Board, Employee Insurance Program, Respondents.
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18048 |
Jacob Davison, Appellant, v. David Michael Scaffe, Defendant, Wachovia Bank, N. A., Respondent.
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18056 |
Gail S. Still, Appellant, v. South Carolina Budget and Control Board, Employee Insurance Program, Respondent.
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18076 |
Claude Potter, Employee, Appellant, v. Spartanburg School District 7, Employer, and S.C. School Board Self-Insurance Trust Fund, Carrier, Respondents.
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18138 |
The State, Respondent, v. Tijuan Peake, Appellant.
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18166 |
Service Corporation of South Carolina, Respondent, v. Bahama Sands Development, LLC, Landmark Builders of South Carolina, LLC, and Janice B. Musante, Defendants. Bahama Sands Development, LLC, Third Party-Plaintiff, v. Keith Gottlieb, Featured Properties, LLC, John Thomas, Daniel McCullouch, John Bischof, Chris Wilcox, Glenn Mauney, Alan Sechtin, Craig Thibeault, Richard Caron, Richard Zigabarra, Dwight Good, Maureen Matusak, Elmer Craft, Katrina Koons, Sabrina Morin, Robert Gjormand, West Coast Properties, LLC, Tim Thomas, Marriee Welch, Wayne Rabon, Clay Branyon, Joseph Johnson, Nell Buffkin, Roy Clyburn, Jr., Thomas Hastings, Michael Mockler, John Booher, John Bernabei, Greg Anderson, Doug Hardy, David McCullough, Cape Fear Discount, Clyde Gilmore, III, Gilmore Holdings, LLC, Vincent Formale, Cahobe, LLP, Carolina Family Pharmacy, Inc., John Calhoun, Greg Carper, Ed Thomas, Jan and Helen Janick, Greg Kupetz, Robert Brooks, R. W. Rogers, Robert Castellani, George Bigham, Rick Funderburke, Ron Bridges, Gene Fisher, Steve Smith, Thomas Magee, Tony Thorpe, Jayne Workman, Tim Tippman, L. J. Rogers, Walter Johnson, Henry King, Jr., Janice Musante, Kyle Taylor, David Armstrong, Ann Brown, Jimmy Crawford, Donald Hedelston, Brent Caldwell, Anthony Winters, Kevin Smith, Spencer Thomas, Richard Schmidt, Terence Almengual, Brad Conklin, Phillip Aja, Stephen Orr, Bruce Bright, Ken Deal, Kevin Castellani, Robert Mockler, Third-Party Defendants. John Booher, Walter Johnson, Bruce Bright, Wayne Bright, Kyle Taylor, Stephen Orr, Brett Setzer, Glenn Mauney, Joan Mauney, Kevin Smith, Butterfield Properties, LLC, Keith Gotlieb and assigns, Steve Leonardo, Bob McCracken, Thomas W. Ray, Wendy D. Ray, John J. Bernabei, Janice B. Musante, David Armstrong, Joanne Armstrong, Donald Brein, Courtney Brien, Craig Thibeault, Carolina Family Pharmacy, Inc., John Calhoun, John Henry King, Jr., Richard Schmidt, Tony Thorpe, Tanya Thorpe, Richard Caron, Susan Caron, Maureen Matusak (Unit #906), Maureen Matusak (Unit #505), Maureen Matusak (Unit # 903), Robert Mockler, Featured Properties, LLC, David McCulloch (Unit # 609), Daniel McCulloch and John Thomas (Unit # PH4), James Crawford (Unit # 1206), James Crawford (Unit # 1104), James Crawford (Unit # 1107), Vincent Formale, Jan Janick, Thomas Hastings, Michael Mockler, Spencer Thomas, Greg Anderson, Doug Hardy, Alan Sechtin, Katrina Moons and Sabrina Morin, Fourth-Party Plaintiffs, v. Bahama Sands Development, LLC, Malibu Pointe Development, LLC and Service Corporation of South Carolina, Martin E. Brown, Charles F. Christopher, William K. Buffkin, Kit Christopher and John Doe, representing unknown individuals responsible for the care, custody, control, and disbursement of earnest money deposits of Bahama Sands Development, LLC, Fourth-Party Defendants, of whom Stephen Orr, David Armstrong, Joanne Armstrong, Donald Brien, Courtney Brien, Craig Thibeault, Carolina Family Pharmacy, Inc., d/b/a Cape Fear Discount Drugs, Carolina Family Pharmacy, Inc., John Calhoun, John Henry King, Jr., Richard Schmidt, Tony Thorpe, Tanya Thorpe, Richard Caron, Susan Caron, Katrina Koons, Sabrina Morin, John Booher, Bruce Bright, Wayne Bright, Kyle Taylor, Walter Johnson, Stephen Orr, Ron Bridges, Glenn Mauney, Joan Mauney, Kevin Smith and Butterfield Properties, LLC, Keith Gottlieb, and Assigns, Steve Leonardo and Bob McCracken, Thomas W. Ray, and Wendy D. Ray, John J. Bernabei, Janice Musante, are Appellants.
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18189 |
Cynthia Suttles, Respondent, v. Brahim Salam, Appellant.
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18190 |
State of South Carolina, Respondent, v. Nicole Lynn Miller, Defendant, Kim Reid dba Carolina Bonding Company (as signing agent for Palmetto Surety Corporation) Surety, Appellant.
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18193 |
Anthony Burnside, Appellant, v. State of South Carolina, Respondent.
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18236 |
The State, Respondent, v. George Thomas Middleton, Appellant.
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18254 |
Robert Brown, Respondent, v. American Telecommunication and Cable, Inc., Tommie L. Whetstone, Carolyn Whetstone, Errin J. Whetstone, and Tommie Whetstone, Jr., Defendants, Of Whom Tommie L. Whetstone and Carolyn Whetstone are the Appellants.
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18265 |
LaSalle Bank National Association, as Trustee for the registered holders of Structured Asset Securities Corporation, Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2004-11, Respondent, v. Laura Toney, Appellant.
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18270 |
Creighton W. Sloan, Respondent, v. Samuel H. Sloan, Appellant.
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18289 |
The State, Respondent, v. Bobby Lee Burdine, Appellant.
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18293 |
Paul Klein d/b/a Paul's Tile Co., Respondent, v. ProFast Commercial Flooring, Inc., Appellant.
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18299 |
Ricky Watts, Respondent v. CM Tucker Lumber Companies and Palmetto Timber SI Fund/Walker Hunter and Association, Appellants.
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18305 |
Consolidated Tires, Inc., Respondent, v. Ken Hamlett, Appellant.
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18322 |
The State, Respondent, v. Donald Scott Jones, Appellant.
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18323 |
The State, Respondent, v. Vashaun Ravenel, Appellant.
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18325 |
The State, Respondent, v. David Wayne Zitcovich, Appellant.
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18326 |
The State, Respondent, v. Molly L. McCurry, Appellant.
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18327 |
The State, Respondent, v. Vincent Pitts, Appellant.
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18332 |
The State, Respondent, v. Billy Walter Winchester, Appellant.
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18333 |
The State, Respondent, v. Anthony Quentin Scott, Appellant.
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18340 |
The State, Respondent, v. Eldon D. Butterfield, Appellant.
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18343 |
Town of Prosperity, Respondent, v. Daniel L. Hare, Appellant.
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18365 |
The State, Respondent, v. Eric Dantzler, Appellant.
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18366 |
The State, Respondent, v. Thomas Cheeks, Appellant.
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18367 |
Larius G Woodson and Maurissa Woodson, Appellants, v. DLI Properties, LLC, Allen Tate Co., Inc., Melia C Faile and Alan L. Cauthen, Defendents, of whom Allen Tate Co., and Melia C. Faile are Respondents.
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18370 |
Donald Lee Goodson, Appellant, v. GEICO Indemnity Company, Respondent.
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18381 |
Phillip D. Grimsley, Sr., and Roger M. Jowers, on behalf of themselves and others similarly situated, Appellants, v. South Carolina Law Enforcement Division and the State of South Carolina, Defendants, of which the State of South Carolina is the Respondent.
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18399 |
Eric A. Autenrieth and Lisa Autenrieth, Appellants, v. Curtis J. Lollis, Robert A. Baldree and Excell Investments, Inc., a South Carolina Corporation, Respondents.
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18418 |
Wayne Smith, Respondent, v. Christopher R. Morris, Appellant.
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18419 |
JB Properties of SC, LLC, Respondent, v. South Carolina Coast and Lakes, LLC, Appellant.
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18439 |
The State, Respondent, v. Eddie Lindsay, Appellant.
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18463 |
The State, Respondent, v. Leon Hill, Appellant.
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18464 |
The State, Respondent, v. William Jermaine Henry, Appellant.
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18486 |
The State, Respondent, v. Joseph P. Sizemore, Appellant.
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18488 |
The State, Respondent, v. Richard Lee Hemphill, Appellant.
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18492 |
The State, Respondent, v. Angela Baggott, Appellant.
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18496 |
The State, Respondent, v. Calvin Jermaine Johnson, Appellant.
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18498 |
The State, Respondent, v. Michael Anthony Allen, Appellant.
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18499 |
The State, Respondent, v. Jeffrey Stephen Adcox, Appellant.
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18501 |
The State, Respondent, v. Domonique Blakney, Appellant.
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18502 |
The State, Respondent, v. James Dean Cantrell, Appellant.
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18505 |
The State, Respondent v. Vinson Mitchell, Appellant.
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18506 |
The State, Respondent v. Yolanda Dee Thompson, Appellant.
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18515 |
The State, Respondent, v. Eugene J. Singleton, Appellant.
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18553 |
Team IA, Inc., Appellant, v. Cicero Lucas, George Lawson, IV and 5 Point Solutions, LLC, Defendants, Of whom Cicero Lucas is Respondent, Cicero Lucas and George Lawson, IV, Third-Party Plaintiffs, v. Brent Yarborough and Team IA, Inc., Third-Party Defendants.
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18560 |
Hala K. Nestberg, Respondent/Appellant, v. Paul V. Nestberg and Eastview Development, Inc., Appellants/Respondents.
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18594 |
Back Swamp Community Associatiion, Patricia C. Norwood and Ray Norwood, Jr., William K. Strawn, William E. Stokes, Danny L. Lewis, Sr., Marcus R. Hudson, Brian Bagwell, Harry F. Lyles, Jr., and Dr. Avie J. Rainwater, Appellants, v. South Carolina Department of Health and Environmental Control and Haselden Turkey Farm, Respondents.
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18612 |
The State, Respondent, v. Jacqueline Suzanne Cruz, Appellant.
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18625 |
The State, Respondent v. Jerry Keith Snider, Appellant.
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18374 |
The State, Respondent, v. Charles Edward Coleman, Appellant.
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