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June 2015 |
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, June 1, 2015 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2011-187246 Bobby Joe Reeves, Petitioner,
v.
State of South Carolina, Respondent. Jeremy Adam Thompson of Law Office of Jeremy A. Thompson, LLC, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Megan Harrigan Jameson, both of Columbia, for Respondent. Bobby Reeves appeals from the denial of his application for post-conviction relief (PCR), arguing the PCR court erred in finding his trial counsel was not ineffective for failing to investigate and present the testimony of a gynecological expert witness. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2014-000457 Jacklyn Donevant, Respondent,
v.
Town of Surfside Beach, Appellant. Charles Franklin Thompson, Jr. of Malone Thompson Summers & Ott, LLC, of Columbia, for Appellant. Henrietta U. Golding and James Keith Gilliam, both of McNair Law Firm, PA, of Myrtle Beach, for Respondent. In this wrongful termination action, the Town of Surfside Beach appeals the trial court's denial of its motion for a directed verdict. The Town argues that by denying its motion for a directed verdict, the trial court erred in expanding the public policy exception to at-will employment beyond situations in which the employer requires the employee to violate criminal law, or the reason for the employee's termination itself is a violation of criminal law. The Town further asserts the trial court's denial of its motion was error because the public policy exception does not apply to terminations of employees who insist on performing an act that is discretionary. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-000416 Patricia C. McLean, as Personal Representative of the Estate of William Eugene Connor, Respondent,
v.
Branch Banking and Trust Company and Aurelia Connor, Defendants,
of whom Aurelia Connor is the Appellant. Robert L. Waldrep, Jr., of Robert L. Waldrep, Jr., P.A., of Anderson, for Appellant. Clayton L. Jennings of Jennings Law Firm, LLC, of Greenville, for Respondent. Appellant Aurelia Connor appeals the circuit court's denial of her motion to alter or amend the verdict in favor of Respondent. Appellant argues the verdict should be offset by the funds received by Respondent from a settlement agreement with a previously dismissed co-defendant. |
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Tuesday, June 2, 2015 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-001624 Elite Construction, Inc., Respondent,
v.
Doris E. Tummillo and Georgia Bank and Trust Company of Augusta, Defendants,
Of Whom Doris E. Tummillo is the Appellant,
And
Georgia Bank and Trust Company of Augusta is the Respondent. Neal W. Dickert and Paul Knapp Simons, Jr., both of Hull Barrett, PC, of Aiken, for Appellant. Terence Paul Timmerman of Braithwaite Law Firm, of Aiken, for Appellant. Clarke W. McCants, III of Nance, McCants & Massey, of Aiken, for Respondent Elite Construction, Inc. James Samuel Murray of Warlick Stebbins Murray & Chew, LLP, of Augusta, Georgia, for Respondent Georgia Bank and Trust Company of Augusta, In this action for breach of contract and foreclosure of a mechanic's lien, Doris Tummillo argues the special referee erred in awarding judgment to Elite Construction. Specifically, Tummillo contends the special referee erred in: (1) finding the parties' contract was unambiguous; (2) refusing to reduce Elite's recovery; (3) finding time was not of the essence in the contract; and (4) awarding Elite attorney's fees. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-001843 Kevin McCarthy and Courtney R. McCarthy, Appellants,
v.
The Cliffs Communities, LLC d/b/a The Cliffs at Keowee Falls South; Keowee Falls Investment Group, LLC; Cliffs Real Estate, Inc., The Cliffs Golf and Country Club, Inc.; and S&ME, Inc., Defendants,
Of whom S&ME, Inc. is the Respondent. Thomas Elihue Dudley, III, and Townes Boyd Johnson, III, both of Kenison Dudley & Crawford, LLC, of Greenville, for Appellants. Stephanie Holmes Burton of Gibbes Burton, LLC, of Spartanburg, for Respondent. In this professional negligence action arising out of an active slope failure occurring on and around the lakefront lot owned by Kevin McCarthy and Courtney McCarthy, the McCarthys appeal the circuit court's grant of S&ME, Inc.'s motion for summary judgment and denial of the McCarthys' motion to alter or amend the same. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-001892 South Carolina Second Injury Fund, Appellant,
v.
Specialty Risk Services, Respondent. Latonya Dilligard Edwards of Dilligard Edwards, LLC ,of Columbia, for Appellant. Vernon F. Dunbar of McAngus Goudelock & Courie, LLC, of Greenville, for Respondent. The South Carolina Second Injury Fund appeals the circuit court's affirmance of the South Carolina Workers' Compensation Commission's award of partial reimbursement to Specialty Risk Services, alleging the circuit court erred in finding (1) a change of condition implicating reimbursement; (2) a workers' compensation claimant's preexisting hyperthyroidism was permanent and serious enough to constitute a hindrance or obstacle to her employment; and (3) the claimant's Raynaud's Syndrome was permanent and serious enough to constitute a hindrance or obstacle to her employment. |
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Wednesday, June 3, 2015 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-001893 Jacquelin S. Bennett, Genevieve S. Felder and Kathleen S. Turner, individually, as Co-Trustees and Beneficiaries of the Marital Trust and the Qualified Terminable Interest Trust created by the Thomas Stevenson Will, and Jacquelin S. Bennett, and Kathleen S. Turner, as Co-Personal Representatives on behalf of the Estate of Jacquelin K. Stevenson, Appellants,
v.
T. Heyward Carter, Jr.; Evans Carter, Kunes & Bennett, P.A.; Douglas Capital Management, Inc; Dixon Hughes f/k/a Pratt-Thomas Gumb & Co., P.A.; and Lynne L. Kerrison, Defendants,
Of Whom Dixon-Hughes f/k/a Pratt-Thomas Gumb &Co., and Lynne L. Kerrison are the Respondents. A. Camden Lewis, Ariail Elizabeth King, Keith M. Babcock, and James Mixon Griffin, all of Lewis Babcock & Griffin, LLP, of Columbia, for Appellants. M. Dawes Cooke, Jr., of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Respondents. Frederick K. Sharpless of Greensboro, North Carolina, for Respondents. Appellants appeal the trial court's order granting summary judgment to Respondents on Appellants' causes of action for professional negligence, breaches of fiduciary duty, and aiding and abetting a breach of fiduciary duty. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-002319 In the Matter of the Estate of Marion M. Kay
Edward D. Sullivan, as Personal Representative of the Estate of Marion M. Kay, Appellant-Respondent,
v.
Martha Brown and Mary Moses, Respondents-Appellants. Daryl G. Hawkins of Law Office of Daryl G. Hawkins, LLC, of Columbia, for Appellant/Respondent. John R. Ferguson of Cox Ferguson & Wham LLC, of Laurens, for Respondents/Appellants. In this cross-appeal from probate court, the personal representative, Edward D. Sullivan (Appellant), of Marion M. Kay's estate (the Estate) contests the probate court's decision to reduce his compensation as well as to deny his request for reimbursement for certain fees and expenses in connection with the settlement of the estate. Martha Brown and Mary Moses (collectively Respondents), two beneficiaries of the Estate, cross appeal, arguing the probate court improperly (1) awarded Appellant a fee equivalent to 10% of the Estate when Appellant acted in bad faith to settle the Estate; (2) failed to require Appellant to pay all costs and attorney's fees associated with the settling of the Estate; (3) failed to rule on certain beneficiaries' entitlement to additional proceeds from the Estate should Respondents prevail on appeal because it would be inequitable to permit these beneficiaries to receive the benefits of the appeal without contributing to its costs; (4) limited Respondents' counsel's request for attorney's fees; and (5) granted Appellant equitable relief when Appellant acted with unclean hands. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-000712 Bonnie N. Charlton, Ronald L. Charlton, and Bayside Property, Inc., Plaintiffs,
v.
South Bay Properties, LLC, Stantec Consulting Services, Inc., f/k/a Trico Engineering Consultants, Inc., Milone & MacBroom, Inc., John Steven Goodwin, Louise C. Goodwin, Thomas I. Puckett, Brenda C. Puckett, Robert Nahama, Jeanne E. Nahama, Thomas Holland , Sharon Louise Holland, Joyce K. Sobel, Robert W. Waruszewsku, Richard N. Taylor, Robert K. Spillers, (a/k/a Robert Spillers), Deborah T. Spillers (a/k/a Deborah Spillers), Patrick A. DiAngelo, Deborah A. DiAngelo, Gary E. Owens, Joyce M. Owens, Fount L. Shults, Lynda M. Shults, Dennis Ridgeway, Teresa Lynn Ridgeway and Georgetown County Forfeited Land Commission, Defendants,
Of whom John Steven Goodwin, Louise C. Goodwin, Gary E. Owens, and Joyce M. Owens,are the Appellants,
and
Bonnie N. Charlton, Ronald L. Charlton, and Bayside Property, Inc., South Bay Properties, LLC, Stantec Consulting Services, Inc., f/k/a Trico Engineering Consultants, Inc., Milone & MacBroom, Inc., Patrick A. DiAngelo, Deborah A. DiAngelo, and Georgetown County Forfeited Land Commission, are the Respondents. John M. Leiter of Law Offices of John M. Leiter, PA, of Myrtle Beach, and K. Douglas Thornton, of Conway, for Appellants John Steven Goodwin, Louise C. Goodwin, Gary E. Owens, and Joyce M. Owens. John Whitfield Davidson, of Nexsen Pruet, LLC, of Columbia, for Respondent Stantec Consulting Services. Wesley Paul Bryant, of Georgetown, for Respondent Georgetown County Forfeited Land Commission. Byron L. Saintsing of Raleigh, North Carolina, for Respondent Milone & MacBroom, Inc.. Charles T. Smith, of Georgetown, for Respondents Bonnie N. Charlton, Ronald L. Charlton, and Bayside Property, Inc. Appellants appeal the circuit court's finding that their deadline for requesting a jury trial had expired. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2013-001644 John Steven Goodwin, Louise C. Goodwin, Thomas I. Puckett and Brenda C. Puckett, Robert Nahama and Jeanne E. Nahama, Thomas Holland and Sharon Louise Holland, Joyce C. Sobel, Robert W. Waruszewski, Richard N. Taylor, Robert K. Spillers (a/k/a Robert Spillers), and Deborah T. Spillers (a/k/a Deborah Spillers), Patrick A. DiAngelo and Deborah A. DiAngelo, Gary E. Owens and Joyce M. Owens, Fount L. Shults and Lynda M. Shults, and Dennis Ridgeway and Teresa Lynn Ridgeway, Appellants,
v.
Landquest Development, LLC, Kyle C. Corkum, South Bay Properties, LLC, C. R. Thompson and Sons, LLC, Ronald L. Charlton, Bonnie N. Charlton, James R. Charlton and Bayside Property, Inc., The City of Georgetown, Hartford Casualty Insurance Company, Hartford Fire Insurance Company, and National Land Sales, Inc., f/k/a Source One Communities, LLC, a/k/a Source One Signature Communities, Respondents. John M. Leiter of Law Offices of John M. Leiter, PA, of Myrtle Beach, for Appellants. K. Douglas Thornton, of Conway, for Appellants. Joseph Kevin Qualey of Qualey Law Firm, of Charleston, for Respondent C.R. Thompson and Sons, LLC. James Lynn Werner and Lawrence Michael Hershon, both of Parker Poe Adams & Bernstein, LLP, of Columbia, for Respondents Hartford Casualty Insurance Company and Respondent Hartford Fire Insurance Company. Elise Freeman Crosby of Crosby Law Firm, LLC, of Georgetown, for Respondent The City of Georgetown. Andrew F. Lindemann of Davidson & Lindemann, PA, of Columbia, for Respondent The City of Georgetown. Ronald L. Richter, Jr. of Bland Richter, LLP, of Charleston, for Respondent South Bay Properties, LLC. Charles T. Smith, of Georgetown, for Respondent Ronald L. Charlton, for Respondent Bonnie N. Charlton, for Respondent James R. Charlton, and for Respondent Bayside Property, Inc. Donald G. Hunt, Jr. of Fuquay-Varina, North Carolina, for Respondent Landquest Development, LLC, Donald G. Hunt, Jr. of Fuquay-Varina, North Carolina, for Respondent Kyle C. Corkum, Kristen G. Atkins of Fuquay-Varina, North Carolina, for Respondent Landquest Development, LLC, Kristen G. Atkins of Fuquay-Varina, North Carolina, for Respondent Kyle C. Corkum. Appellants appeal the circuit court's denial of their motion to reinstate or restore their case to the docket after the circuit court struck the case from the docket due to one defendant's bankruptcy. |
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Thursday, June 4, 2015 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2014-000267 Eric Taylor, Appellant,
v.
Devin Dollard Taylor, Respondent. Kimberly Veronica Barr of Law Offices of Ronnie A. Sabb, LLC, of Kingstree, for Appellant. Gregory B. Askins of Askins Chandler & Askins, of Hemingway, for Respondent. Brooks Roberts Fudenberg of Law Office of Brooks R. Fudenberg, LLC, of Mt. Pleasant, for Respondent. Eric Taylor appeals the trial court's award of alimony and attorney's fees for Devin Taylor and the exclusion of testimony regarding text messages. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-002583 Frankie Orr, Respondent,
v.
Greenville Hospital System, Appellant. J. Ben Alexander and Kenneth Norman Shaw, both of Haynsworth Sinkler Boyd, PA, of Greenville, for Appellant. Randall Lee Chambers of The Chambers Law Firm, of Greenville, for Respondent. In this appeal from the circuit court, Greenville Hospital System argues, the circuit court erred in denying its motions for directed verdict and judgment notwithstanding the verdict because Frankie Orr failed to submit any evidence in support of her allegation that GHS's negligence caused her injuries. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-001404 Stoneledge at Lake Keowee Owners' Association, Inc., C. Dan Carson, Jeffrey J. Dauler, Joan W. Davenport, Michael Furnari, Donna Furnari, Jessy B. Grasso, Nancy E. Grasso, Robert P. Hayes, Lucy H. Hayes, Ty Hix, Jennifer D. Hix, Paul W. Hund, III, Ruth E. Isaac, Michael D. Plourde, Mary Lou Plourde, Carol C. Pope, Steven B. Taylor, Bette J. Taylor, and Robert White, Individually and on Behalf of all others similarly situated, Plaintiffs,
v.
Builders FirstSource-Southeast Group, IMK Development Co., LLC, Keowee Townhouses, LLC, Ludwig Corporation, LLC, SDI Funding, LLC, Medallion at Keowee, LLC, Bradford D. Seckinger, John Ludwig, Larry D. Lollis, William C. Cox, Integrys Keowee Development, LLC, Marick Home Builders, LLC, M Group Construction and Development, LLC, Bostic Brothers Construction, Inc., Rick Thoennes, Mel Morris, Joe Bostic, Jeff Bostic, Clear View Construction, LLC, Michael Franz, MHC Contractors, Miguel Porras Choncoas, Mike Green, Southern Concrete Specialties, Carl Compton d/b/a Compton Enterprize a/k/a Compton Enterprises, Gunter Heating & Air, All Pro Heating, A/C & Refrigeration, LLC, Coleman Waterproofing, Heyward Electrical Services, Inc., Tinsley Electrical, LLC, Hutch N Son Construction, Inc., Carl Catoe Construction, Inc., T.G. Construction, LLC, Delfino Construction, Francisco Javier Zarate d/b/a Zarate Construction, Alejandro Avalos Cruz, Herberto Acros Hernandez, Martin Hernandez-Aviles, Francisco Villalobos Lopez, Ambrosio Martinez-Ramirez, Ester Moran Mentado, Socorro Castillo Montel, Upstate Utilities, Inc., Southern Basements, Inc., MJG Construction and Homebuilders, Inc. d/b/a MJG Construction, KMAC, Inc., d/b/a KMAC North Carolina, Eufacio Garcia, Everado Jarmamillio, Garcia Parra Insulation, Inc., J&J Construction, Jose Nino, Jose Manuel Garcia, Eason Construction, Inc., and Vincent Morales d/b/a Morales Masonry, Miller/Player & Associates, Defendants,
Of whom Marick Home Builders, LLC, and Rick Thoennes are the Appellants,
And Builders FirstSource-Southeast Group, Southern Concrete Specialties, Inc., Clear View Construction, LLC, and Michael Franz are the Respondents,
Bostic Construction, Inc., Third Party Plaintiffs,
v.
Southern Stone, Inc. and Buck Smith Construction, Third Party Defendants. Jason Michael Imhoff and Carl Reed Teague, both of The Ward Law Firm, PA, of Spartanburg, for Appellants. Mason A. Goldsmith of Elmore Goldsmith, PA, of Greenville, for Respondent Southern Concrete Specialties. Robert T. Lyles, Jr. of Lyles & Lyles, LLC, of Charleston, for Respondent Southern Concrete Specialties. Michael B.T. Wilkes and Ellen S. Cheek, both of Wilkes Law Firm, PA, of Spartanburg, for Respondent Clear View Construction, LLC, and Respondent Michael Franz. Lindsay Livingston Builder of Nelson Mullins Riley & Scarborough, LLP, of Greenville, for Respondent Clear View Construction, LLC, and Respondent Michael Franz. Robert T. Lyles, Jr. of Lyles & Lyles, LLC, of Charleston, for Respondent Builders First Source. David A. Root of Kernodle Root & Coleman, of Charleston, for Respondent Builders First Source. When Marick Home Builders, LLC, a general contractor, was sued for construction defects existing in townhomes it oversaw, it asserted cross-claims against the respondents for breach of contract and breach of warranty. On appeal, Marick argues the trial court erred in granting summary judgment on these cross-claims. |
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Tuesday, June 9, 2015 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-002686 Frieda H. Dortch, Appellant,
v.
City of Columbia Planning & Development Services/Zoning Division, Respondent. M. Baron Stanton of Stanton Law Offices, P.A., of Columbia, for Appellant. Peter M. Balthazor of Riley Pope & Laney, LLC, of Columbia, for Respondent. Appellant Frieda H. Dortch (Appellant) argues the circuit court erred in dismissing her appeal from the City of Columbia Board of Zoning Appeals because it was barred by the doctrine of res judicata. Specifically, Appellant argues (1) the doctrine of res judicata cannot be asserted for the first time on appeal; (2) the lack of finality and a determination on the merits in the first proceeding precludes the defense of res judicata from being raised in the second proceeding; and (3) res judicata was not applicable to the first proceeding because she was not given a full and fair opportunity to litigate her claim. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-001314 The State, Respondent,
v.
James Allen Johnson, Appellant. Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Assistant Attorney General Mary Shannon Williams, and Staff Attorney Susannah Cole, all of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent. James Johnson appeals from his conviction for homicide by child abuse, arguing the trial court erred in admitting his incriminating statement made to officers at the law enforcement center because it was the result of a two-phase interrogation in violation of state law, the Fifth Amendment, Miranda v. Arizona, 384 U.S. 436 (1966), and Missouri v. Seibert, 542 U.S. 600 (2004). |
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11:20 a.m. | (Time Limits: 10-10-5) |
2014-000630 Tuyet Lan Thi White, Appellant,
v.
Son Van Le and Mark White, Respondents. Cynthia Bailey Berry of Berry Law Firm, of Orangeburg, for Appellant. Lewis C. Lanier of Lanier & Burroughs, LLC, of Orangeburg, for Respondent. Ariel T. Rosamond of Townsend Law Firm, of Orangeburg, guardian ad litem. In this action from the family court, Tuyet Lan Thi White argues the court erred in ordering her minor child's surname be changed to that of the child's biological father, Son Van Le. |
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Wednesday, June 10, 2015 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-002498 Phillip Flexon, M.D., Respondent,
v.
PHC-Jasper, Inc., d/b/a Coastal Carolina Medical Center, Coastal Carolina Medical Center, Inc., Lifepoint Hospitals, Inc., and Tenet Healthsystems, Inc.,
Of Which Lifepoint Hospitals, Inc., is the Appellant. Trudy Hartzog Robertson and Joseph Timothy Belton, both of Moore & Van Allen, PLLC, of Charleston, for Appellant. William B. Harvey, III, of Harvey & Battey, PA, of Beaufort, for Respondent. In this breach of contract action, Appellant Lifepoint Hospitals, Inc. seeks review of the circuit court's denial of its motion to compel arbitration. Appellant argues the circuit court incorrectly applied the law of the case doctrine to the motion to compel. Appellant also argues the circuit court incorrectly applied the "commerce in fact" test to determine whether the medical services performed by Respondent Phillip Flexon affected interstate commerce and, thus, triggered the Federal Arbitration Act. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2012-208626 Ruben Ramirez, Petitioner,
v.
State of South Carolina, Respondent. Appellate Defender Wanda H. Carter of Columbia for Petitioner Ruben Ramirez; Assistant Attorney General Karen Christine Ratigan of Columbia for Respondent State of South Carolina In this post-conviction relief (PCR) action, Ruben Ramirez contends the PCR court erred in not finding plea counsel ineffective for failing to have him evaluated for competency before his guilty plea when a psychological evaluation conducted prior to his guilty plea hearing revealed he had an intelligence quotient (IQ) of between 31 and 44 and a competency evaluation conducted approximately twenty-two days after his PCR hearing revealed he had an IQ of between 31 and 57 and was not competent to stand trial. Ramirez was also granted a belated direct appeal, and he argues the trial court erred in accepting his guilty pleas without advising him of the minimum sentences related to each of his indictments. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2013-002236 Samuel L. McPherson, as Presiding Elder of the Abbeville-Greenwood District of the African Methodist Episcopal (A.M.E.) Church, Appellant-Respondent,
v.
Henry Banks, Mary Robinson, Delois Phillips, Naomi Mattison, and Frank Mattison, Respondents-Appellants. I.S. Leevy Johnson and William T. Toal, both of Johnson Toal & Battiste, PA, of Columbia, for Appellant/Respondent. Marvin R. Watson of Watson Law Firm, of Greenwood, for Respondents/Appellants. Both parties appeal the trial court's order granting summary judgment in a dispute concerning ownership of church property. |
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Thursday, June 11, 2015 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-002499 Anderson County, Appellant,
v.
Joey Preston and the South Carolina Retirement System, Respondents. James Theodore Gentry, Wade Stackhouse Kolb, III, Troy A. Tessier of Wyche Law Firm, all of Greenville, and Alice Witherspoon Parham Casey of Wyche Law Firm, of Columbia, for Appellant. Lane Whittaker Davis of Nelson Mullins Riley & Scarborough, LLP, of Greenville, for Respondent Joey Preston. Candy M. Kern-Fuller of Upstate Law Group, LLC, of Easley, for Respondent Joey Preston. Justin Richard Werner, of Columbia, for Respondent South Carolina Retirement System. This case arises out of Anderson County Council's (the County Council) approval of a severance agreement (the Severance Agreement) for outgoing county administrator Joey Preston. Anderson County (the County) initiated the instant lawsuit against Preston seeking rescission of the Severance Agreement. After a nonjury trial, the circuit court entered judgment in favor of Preston on all causes of action as well as his counterclaim against the County. On appeal, the County argues the circuit court erred in (1) not finding the Severance Agreement was unreasonable and capricious, a product of fraud and abuse of power, and void as against public policy; (2) not invalidating the Severance Agreement when members of County Council with conflicts of interest voted for its approval; (3) finding Preston owed no fiduciary duty to inform the County of the improper votes and his conduct did not constitute fraud, constructive fraud, or negligent misrepresentation; (4) denying the County's motion to amend its complaint and refusing to invalidate the vote approving the Severance Agreement based on the absence of a quorum; (5) holding future payments due to Preston from the South Carolina Retirement System (SCRS) were not available in fashioning a remedy; (6) holding the equitable remedy of rescission was unavailable; and (7) holding the County's lawsuit to challenge the Severance Agreement violated its terms and allowed Preston to petition for attorney's fees. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2012-213141 The State, Respondent,
v.
Alphonso Chaves Thompson, Appellant. Michael Patrick Scott of Nexsen Pruet, LLC, of Charleston, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Assistant Attorney General Mary Shannon Williams, and Assistant Attorney General Mark R. Farthing, all of Columbia, for Respondent. Solicitor Barry Joe Barnette, of Spartanburg, for Respondent. Alphonso Chaves Thompson appeals from his convictions of trafficking in cocaine, possession with intent to distribute marijuana, and possession of a firearm during the commission of a violent crime. He contends the trial court erred in (1) denying his motion to suppress all of the evidence found as the result of an illegal search, (2) denying his motion to suppress his confession because his confession was coerced and it flowed from an illegal arrest, and (3) denying his motion for directed verdict on the charge of possession of a weapon during the commission of a violent crime because the State failed to prove constructive possession or establish any nexus between any weapon and any violent crime. |
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11:20 a.m. | (Time Limits: 10-10-5 for each appeal) |
2012-213730 Juontonio Pinckney, Josephine Sciacca, Addie Smith, James Barone, Deborah Barone, Ismael Gonzales, Valerie Gonzales, Joe Moore, and Sandra Moore, Appellants,
v.
Epcon Communities, Inc., Epcon Communities Franchising, Inc., Brock L. Fankhauser, Fankhauser Property Group, Inc. and Stonecrest Villas of Tega Cay Home Owners Association, Inc., Defendants,
Of whom Epcon Communities, Inc., Epcon Communities Franchising, Inc., and Stonecrest Villas of Tega Cay Home Owners Association, Inc. are the Respondents,
And Fankhauser Property Group, Inc. is also Appellant.
Fankhauser Property Group, Inc., Third Party Plaintiff,
v.
Architectural Alliance, Ltd., Exterior Expressions of North Carolina, Inc., Al-Mega Construction, Inc., Procar, Inc., The Southeastern Group, Inc., Lucas Lawn and Landscape, Inc., and Jose Simenez, Individually and d/b/a M & L Roofing Co., LLC and/or MB Roofing Company, Third Party Defendants.
Stonecrest Villas of Tega Cay Condominium Owners Association, Inc., Third Party Plaintiff,
v.
Stonecrest Villas of Tega Cay, LLC and Epcon Communities Franchising, Inc., Third Party Defendants.
Exterior Expressions of North Carolina, Inc., Fourth Party Plaintiff,
v.
Marcos Ganzalez, Fourth Party Defendant.
Procar, Inc. and Procar II, Inc., Fourth Party Plaintiffs,
v.
Marcos Zertuche, David Carbajal, Victorina Cortez, Balancos Construction Co., Balanos Framing, Inc., Ricardo Hernandez, and Silverio Cortez, Fourth Party Defendants.
Al-Mega Construction, Inc., Fourth Party Plaintiff,
v.
Noe Perez, Juan Abundez Saucedo, and Moisese Chavarra Hernandez, Fourth Party Defendants. Morgan S. Templeton, Graham Pollock Powell, and William ("Trey") Wharton Watkins, Jr. of Wall Templeton & Haldrup, PA, of Charleston, for Appellant Fankhouser Property Group, Inc. J. Cameron Halford of Halford, Niemiec & Freeman, LLP, of Fort Mill, for Appellants Juontonio Pinckney, Addie Smith, Deborah Barone, Valerie Gonzales, Sandra Moore, Josephine Sciacca, James Barone, Ismael Gonzales, and Joe Moore. Michael B.T. Wilkes and Joseph Derham Cole, Jr., of Wilkes Law Firm, PA, of Spartanburg, for Respondents Epcon Communities Inc. and Epcon Communities Franchising Inc. Bradford William Cranshaw of Grier, Cox, & Cranshaw, LLC, of Columbia, for Respondents Epcon Communities Inc. and Epcon Communities Franchising Inc. Curtis W. Dowling and Matthew Gregory Gerrald, of Barnes Alford Stork & Johnson, LLP, of Columbia, for Respondent Stonecrest Villas of Tega Cay Homeowners' Association Inc. Brett E. Dressler of Sellers Ayers Dortch & Lyons, P.A., of Charlotte, North Carolina, for Respondent Stonecrest Villas of Tega Cay Homeowners' Association Inc. Appellants Juontonio Pinckney and other homeowners appeal two orders in which the circuit court granted summary judgment in favor of Respondent Stonecrest Villas of Tega Cay Condominium Owners Association. Pinckney argues the circuit court erred in (1) approving the Owners Association's settlement and granting summary judgment against the homeowners as to the damage to the common elements of the development, and (2) granting summary judgment against the homeowners as to their personal claims against the Owners Association. Appellant Fankhauser Property Group appeals the circuit court's summary judgment in favor of Respondents Epcon Communities, Inc. and Epcon Communities Franchising, Inc., arguing the circuit court erred in ruling Fankhauser Property Group is required to indemnify Epcon. |
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Tuesday, June 16, 2015 | |
Courtroom I
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11:00 a.m. | (Time Limits: 10-10-5) |
2012-213584 Long Grove at Seaside Farms, LLC; The Beach Company; and Gulfstream Construction Company, Inc., Respondents,
v.
Long Grove Property Owners' Association, Inc.; Vista Realty Partners, LLC; and Long Grove Vista, LLC;
Of Whom Long Grove Property Owners' Association, Inc. is Appellant.
Long Grove Property Owners' Association, Inc., Third-Party Plaintiffs,
v.
James, Harwick & Partners, Inc., n/k/a JHP Architecture/Urban Design, P.C.; Sam Mayo, d/b/a SCM Construction, Inc.; Essex Engineering Corporation, Third-Party Defendants,
Of Whom James, Harwick & Partners, Inc., n/k/a JHP Architecture/Urban Design, P.C., is Respondent. Francis E. Grimball and George E. Mullen, both of Mullen Wylie, LLC, of Hilton Head Island, for Appellant. David Jay Parrish and Stephen Peterson Groves, Sr., both of Nexsen Pruet, LLC, of Charleston, for Respondents Long Grove at Seaside Farms, LLC, The Beach Company, and Gulfstream Construction Company, Inc. James Lynn Werner of Parker Poe Adams & Bernstein, LLP, of Columbia, and Laura Figueroa Locklair of Parker Poe Adams & Bernstein, LLP, of Charleston, for Respondent James, Harwick & Partners, Inc., n/k/a JHP Architecture/Urban Design, P.C. Long Grove Property Owners' Association (POA) appeals from the circuit court's order granting summary judgment in favor of Long Grove at Seaside Farms, LLC; The Beach Company; and Gulfstream Construction Company, Inc., (collectively, Long Grove) as well as James, Harwick & Partners, Inc. n/k/a JHP Architecture/Urban Design, P.C. (JHP) (all collectively, Respondents). Specifically, the POA argues the trial court erred in (1) not finding the contract at issue is an exculpatory contract and void because it violates public policy; (2) allowing Long Grove and JHP to avoid non-delegable duties; (3) finding the POA is bound by a contract to which it was not a party; and (4) not finding the contract at issue is unconscionable and therefore void and unenforceable. |
Tuesday, June 2, 2015 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-002133 Stephanie A. Smith, on behalf of herself and all others similarly situated, Appellant,
v.
Progressive Halcyon Insurance Company, n/k/a Progressive Direct Insurance Co., Progressive Max, and Progressive Casualty Insurance, Respondents. Natale Fata of Nate Fata, PA, of Surfside Beach, for Appellant. Charles Vance Leonard of Harris & Leonard, PA, of Myrtle Beach, for Appellant. Thomas C. Brittain and Andrew Preston Brittain, both of The Brittain Law Firm, P.A., of Myrtle Beach, for Respondents. Zachary A. McEntyre, of Atlanta, Georgia, for Respondents. Jeffrey S. Cashdan, of Atlanta, Georgia, for Respondents. This case involves an order vacating a prior order for class certification. The issues in this appeal concern whether the appealed order improperly determined the merits of the plaintiff's underlying claim and whether the decertification of the class is immediately appealable. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2012-213130 Ken Lucero, Respondent,
v.
State of South Carolina, Petitioner. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Petitioner. Eleanor Duffy Cleary of Cleary Law LLC, of Columbia, for Respondent. In this post-conviction relief (PCR) action, the State argues the PCR court erred in finding Padilla applied retroactively and granting Ken Lucero's application for PCR. The State also contends the PCR court erred in denying its motion to dismiss on the basis that the application was barred by the statute of limitations and laches. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2014-000906 Wilmington Savings Fund Society, FSB, d/b/a Christiana Trust as Trustee of the American Mortgage Investment Partners Fund I Trust, Respondent,
v.
Melissa Furmanchik; Masonborough at Park West Association, Inc. and Well Fargo Bank, N.A., Defendants,
Of whom Melissa Furmanchik is the Appellant. Mary Leigh Arnold of Mary Leigh Arnold, PA, of Mt. Pleasant, for Appellant. Jason David Wyman of Rogers Townsend & Thomas, PC, of Columbia, for Respondent. In this foreclosure action, Melissa Furmanchik argues the master-in-equity erred by (1) granting sua sponte relief, (2) determining Selene RMOF REO Acquisition, LLC (Respondent) had standing to pursue foreclosure, (3) determining Respondent's evidence was sufficient to establish foreclosure, and (4) awarding interest to Respondent. |
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Wednesday, June 3, 2015 | |
Courtroom II
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|
10:00 a.m. | (Time Limits: 10-10-5) |
2013-002326 Yancey Roof, Appellant,
v.
Kenneth A. Steele, Respondent. Jean Perrin Derrick, of Lexington, for Appellant. Max Nathan Pickelsimer of Warner Payne & Black, LLP, of Columbia, for Respondent. Yancey Roof appeals the family court's order on remand which reduced her previously increaased alimony award. Roof contends the family court abused its discretion by imputing income to her and finding she had not attempted to mitigate the increase in her health insurance premiums. She also appeals the family court's retroactive application of its modification. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-002367 Barbara Gaines, Respondent,
v.
Joyce Ann Campbell, Appellant. Marcus Kirk McGarr of Marcus K. McGarr, PA, of Greenville, for Appellant. John Robert Peace of John Robert Peace, PA, of Greenville, for Respondent. This appeal arises out of a car accident between Joyce Ann Campbell and Barbara Gaines. After the jury returned a verdict in favor of Gaines in the amount of $3,941, the trial court granted Gaines' motion for a new trial. On appeal, Campbell asserts the trial court erred in granting a new trial based on several misapprehensions of law, including that (1) a defendant must present an expert to contradict an opposing expert's testimony, (2) cross-examining an expert amounts to the pitting of witnesses, and (3) a closing argument with no direct appeal to any specific juror violates the rule against appealing to a juror. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2014-000134 Bobby Lee Tucker, Sr., Respondent,
v.
John Doe, individually, and d/b/a Doe Trucking Company, Appellant. Thomas J. Keaveny, II, of Keaveny Law Firm, LLC, of Charleston, for Appellant. C. Mitchell Brown, William C. Wood, Jr., Michael J. Anzelmo, and Graham Ross Billings, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Appellant. Robert Norris Hill of Law Office of Robert Hill, of Lexington, for Respondent. William P. Hatfield of Hatfield Temple, LLP, of Florence, for Respondent. John Doe, individually, and d/b/a Doe Trucking Company (Appellant) argues the circuit court erred in denying Appellant's motions for directed verdict and JNOV because (1) the sworn witness affidavit of Anthony Bernardo failed to satisfy the requirements of S.C. Code Ann. ยง 38-77-170, (2) Respondent Bobby Lee Tucker failed to present sufficient evidence to create a question of fact about whether an unknown vehicle proximately caused his accident by leaving an object in the road, and (3) the evidence of recklessness was insufficient to avoid Appellant's JNOV motion as to punitive damages. |
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Cases to be Submitted Without Oral Argument | |
2012-210107 |
The State, Respondent,
v.
Benjamin J. Jackson, III, Appellant.
|
2013-002397 |
Fireman's Fund Insurance Company, a/s/o Stig Wennerstrom, Appellant,
v.
Searcy Custom Homes, LLC and B&B Plumbing, Inc., Respondents.
|
2013-002474 |
Catherine Virginia Cox, Appellant,
v.
Kenneth L. Pinckney, Sr., and Stacy Marie St. Pierre, Respondents.
|
2013-000826 |
William R. Ferrara, Appellant,
v.
Michael E. Hunt, Sheriff of Aiken County and Charles Cain in his individual capacity as Deputy Sheriff, Defendants,
Of whom Michael E. Hunt is the Respondent.
|
2013-002032 |
Eileen Critcher, Appellant,
v.
Susan Critcher Rhodes, individually and as Personal Representative of the Estate of Roy G. Critcher; Wanda C. Akers and Belinda Critcher Thomas,
Respondents.
|
2011-197706 |
Victor C. Penny, Petitioner,
v.
State of South Carolina, Respondent.
|
2014-001353 |
Chang Hua Zeng, Appellant,
v.
Coosaw Partners, LLC and Terry Kinder, Respondents.
|
2014-000936 |
Janice Gregory, Grady L. Martin, Jr., Kevin Martin, Teresa B. Martin, and William D. Martin, Appellants,
v.
The Estate of Janice Broughton and Jill Gainey, as Personal Representative of the Estate of Janice L. Broughton, Respondents.
|
2013-002037 |
Branch Banking and Trust Company, Respondent,
v.
Sarah L. Gray, Jeffery Gray, Suntrust Bank, West Union Development, LLC, and Bank of Anderson, N.A., Defendants,
Of Whom Jeffery Gray is the Appellant.
|
2014-000343 |
The State, Respondent,
v.
Gonzales R. Wardlaw, Appellant.
|
2013-001909 |
William Ferrara, Appellant,
v.
Michael E. Hunt, Sheriff of Aiken County, Aiken County Sheriff's Department, Charles Cain in his individual capacity as Deputy Sheriff, and the Aiken County Sheriff's Department, Defendants,
Of whom Charles Cain in his individual capacity as Deputy Sheriff is the Respondent.
|
2014-000252 |
Willie Preston, individually and as the Personal Respresentative of the Estate of Martha Preston, Deceased, Appellant,
v.
Surgical Care Affiliates, LLC, Charleston Surgery Center, L.P.; Laura Bilancione, R.N.; Coastal Anesthesia Associates; and Christine Thompson, M.D., Defendants,
Of whom Coastal Anesthesia Associates is the Respondent.
|
2014-000604 |
The State, Respondent,
v.
Keiron Coleman, Appellant.
|
2014-000325 |
Charles R. Mikals and Donna Mikals, Appellants,
v.
Debra House, Respondent.
|
2013-002072 |
Tiffany Boyce, Respondent,
v.
Lauren Nelson, Appellant.
|
2013-002370 |
Ned Gregory, Jr., Respondent,
v.
Howell Jackson Gregory, The Gregory Company, Inc., and the City of Lancaster, Defendants,
Of whom Howell Jackson Gregory and The Gregory Company, Inc., are the Appellants.
|
2014-000823 |
Robert C. Schivera, Executor of the Estate of Fred J. Hughes, lll, Respondent,
v.
C. Russell Keep, lll, Esquire and Rhonda Mitchell, Jasper County Tax Collector, Defendants,
Of whom C. Russell Keep, III, Esquire is the Appellant.
|
2013-001445 |
The State, Respondent,
v.
William Jamell Thomas, Jr., Appellant.
|
2014-000235 |
In the Matter of the Care and Treatment of Kevin Nixon, Appellant.
|
2013-002386 |
The State, Respondent,
v.
David Eric Dixon, Appellant.
|
2014-001316 |
Allcare Medical, LLC, Respondent,
v.
Ahava Hospice, Inc. f/k/a Ascension Hospice Inc., Robert A. Williams, and Lancelot D. Wright, Defendants,
Of whom
Ahava Hospice, Inc. f/k/a Ascension Hospice Inc., and Lancelot D. Wright are the Appellants.
|
2012-212664 |
The State, Respondent,
v.
Sean Philip Smith, Appellant.
|
2012-212524 |
Deutsche Bank National Trust Company, as Trustee of Ameriquest Mortgages Securities, Inc., Asset Backed Pass Through Certificates, Series 2005-R4CGM under the pooling and Serving Agreement dates as May 01, 2005 without recourse, Respondents,
v.
Vandora M. Huggins-Edwards a/k/a Vandora H. Edwards; Sylvia Anne Lawrence a/k/a Sylviatte Anne Lawrence; Glenn M. Huggins; Michael Huggins; Donnell Huggins, Samuel Huggins; Ira Huggins a/k/a Ira S. Huggins; Derwin Huggins; Andrean Huggins Cotton a/k/a Adrianne Huggins Cotton; Sharon H. Smack, Dewayne Dixon; Kimberly Nelms; Timothy Nelms; Jennifer Nelms; Michael A. Brown; Demetrius Huggins Nelms, a minor, Darius Simmons, a minor; Dondre Simmons, a minor; Reginald Huggins; Joseph Huggins; Heather Huggins; Barbara Huggins; any other Heirs-at-Law or Devisees of Ricky Henry Huggins, Deceased, their heirs, Personal Representatives, Administrators, Successors and Assigns, and all other persons entitled to claim through them; any other Heirs-at-Law or Devisees of Henry Buster Huggins, Jr., Deceased, their heirs, Personal Representatives, Administrators, Successors and Assigns, and all other persons entitled to claim through them; any other Heirs-at-Law or Devisees of Michelle Huggins, Deceased, their heirs, Personal Representatives, Administrators, Successors and Assigns, and all other persons entitled to claim through them; any other Heirs-at-Law or Devisees of Buster Huggins, Sr., Deceased, their heirs, Personal Representatives, Administrators, Successors and Assigns, and all other persons entitled to claim through them; all unknown persons with any right, title or interest in the real estate described herein; also any persons who may be in the military service of the United States of America, being a class designated as John Doe; and any unknown minors or persons under a disability being a class designated as Richard Roe; South Carolina Department of Revenue; Safeway Finance; Ford Motor Credit Company; General Motors Acceptance Corporation; White Directory Holdings Carolina, Inc. d/b/a The Talking Phone Book; Monogram Credit Card Bank of Georgia; Michael Twitty; Deborah Twitty; the United States of America, by and through its agency, the Internal Revenue Service; and John C. Bigler, Defendants,
Of Whom Vandora M. Huggins-Edwards a/k/a Vandora H. Edwards is the Appellant.
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2014-000465 |
The State, Respondent,
v.
Christopher T. Gamble, Appellant.
|