Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch
Court of Appeals - Roster of Cases for Hearing

   
The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Monday, September 8, 2003
Courtroom I
(Court convenes at 2:45 p.m.)
 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
11557   Central Electric Power Cooperative, Inc., a Corporation, Appellant v. In Re: Condemnation of a 75 Foot wide right-of-way 760 feet long across lands in Kershaw County belonging to Candace McKey, Respondent.

James Randall Davis and Lisa Lee Smith, both of Nicholson, Davis, Frawley, Anderson & Ayer, of Lexington, for appellant. Keith M. Babcock, of Lewis, Babcock & Hawkins, of Columbia, for respondent.

In this condemnation action, Central Electric Power Cooperative appeals from a jury award in favor of the property owner and challenges the trial court's rulings on several evidentiary matters and the award of attorney's fees.

Tuesday, September 9, 2003
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
11711   Ojukwu George Nwachukwu and Celtex Export Corporation, Plaintiffs, of whom Celtex Export Corporation is Respondent v. Bank of America Corporation, a/k/a Bank of America, N.A., and Branch Banking & Trust Co. of South Carolina, Defendants, of whom Bank of America, N.A., is Appellant.

William S. Brown and Peter G. Siachos, both of Nelson, Mullins, Riley & Scarborough, of Greenville, for appellant. James C. Cothran, Jr.; and Thomas Alexander Belenchia, both of Spartanburg, for respondent.

Nwachukwu sued Bank of America for breach of contract and breach of implied covenant of good faith due to the Bank freezing his account after he had deposited forged checks into the account. The Bank appeals the trial court’s award of damages to Nwachukwu.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
11649   Virginia Cox, Employee, Claimant, Respondent v. BellSouth Telecommunications, Employer, and Self-Ensurers, Appellants.

Stephen L. Brown and F. Drake Rogers, both of Young, Clement, Rivers & Tisdale, of Charleston, for appellants. Linda B. McKenzie, of Bowen, McKenzie & Bowen, of Greenville, for respondent.

This workers’ compensation case involves the issue of whether an employee may receive a partial lump sum payment when she was awarded weekly benefits for life for a compensable brain injury.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
11629   Mary Livingston a/k/a Marie Livingston, Appellant v. Town of Mt. Pleasant, Respondent.

George J. Morris, of Charleston, for appellant. J. Paul Trouche and Thomas S. White, both of Haynsworth, Sinkler, Boyd, of Charleston; and R. Allen Young, of Mt. Pleasant, for respondent.

Mary Livingston appeals an order upholding the Town of Mt. Pleasant's creation of the Patriots Point Improvement District and the imposition of a special assessment for nearby property owners to fund the widening and improvement of Patriots Point Blvd.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
11621   Vikki W. Miller, individually and as the Personal Representative of the Estate of her deceased husband, William P. Miller, Appellant v. Robert Joyner, in his capacity as a Law Enforcement Office for the Town of Andrews, SC; the Town of Andrews, a Political subdivision of the State of South Carolina, and The Exchange Bank of South Carolina, Defendants, of whom the Town of Andrews, SC, a Political subdivision of the State of South Carolina is Respondent.

Thomas J. Rubillo, of Georgetown, for appellant. William W. Doar, of McNair Law Firm, of Georgetown, for respondent.

In this civil matter, the appellant appeals the grant of summary judgment in favor of the Town of Andrews. She argues the circuit court erroneously determined (1) recovery was barred by the public duty rule, (2) the claims were time barred by the statute of limitations pursuant to the South Carolina Tort Claims Act and (3) her claims for violations of Federal and State constitutional rights were not properly pled.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
11620   Mary M. Slack and Stephen H. Slack, Respondents v. Lonnie James and Shannon James, Appellants.

Stanley Clarence Rodgers, of Charleston, for appellants. Richard S. Rosen and Daniel F. Blanchard, III, both of Rosen, Rosen & Hagood, of Charleston, for respondents.

The Slacks filed this action for specific performance and damages against the Jameses arising out of the Jameses' contract to purchase their home. The Jameses appeal the trial court's order dismissing several of the their counterclaims against the Slacks.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
11257   Linda Angus, Appellant v. Burroughs & Chapin Co., Myrtle Beach Herald, Doug Wendel, Pat Dowling, Deborah Johnson, Chandler C. Prosser, Marvin Heyd, Chandler Brigham, and Terry Cooper, Respondents.

L. Sidney Connor, IV, of Kelaher, Connell & Connor, of Surfside Beach, for appellant. Jerry Jay Bender, of Baker, Ravenel & Bender; Robert L. Widener, of McNair Law Firm, both of Columbia; William C. Barnes, of Turner, Padget, Graham & Laney, of Florence; Linda Weeks Gangi, of The Thompson Law Firm; Michael W. Battle, of Battle & Vaught; and L. Morgan Martin, of Hearn, Brittain & Martin, all of Conway; Scott B. Umstead; William Edward Lawson; and Thomas C. Brittain, of Hearn, Brittain & Martin, all of Myrtle Beach, for respondents.

This case involves whether an employee can bring a civil conspiracy claim against a third party, which conspiracy allegedly caused the termination of her employment.

Tuesday, September 9, 2003
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
11636   The County of Florence, A Political Subdivision of the State of South Carolina, Respondent v. The Department of Health And Environmental Control of the State of South Carolina And The SUPERB Financial Responsibility Fund, Appellants.

Mark W. Buyck, Jr., Charles J. Hupfer, Jr., and Brad T. Willbanks, all of Willcox, Buyck & Williams, of Florence; and Jacquelyn Sue Dickman, of Columbia, for appellants. J. Boone Aiken, III, and Robert E. Lee, both of Aiken, Bridges, Nunn, Elliott & Tyler, of Florence, for respondent.

This case concerns whether Florence County is entitled to reimbursement under the State Underground Petroleum Response Bank Act (SUPERB Act) for funds awarded during a prior lawsuit because of the contamination of property by a storage tank located on Florence County property.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
11686   The State, Respondent v. Rashaun M. Brooks, Appellant.

William T. Toal, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Deputy Attorney General Melody J. Brown, all of Columbia; and Solicitor Cecil Kelley Jackson, of Sumter, for respondent.

This case concerns the admissibility of evidence in a murder trial, including a challenge under the Sixth Amendment to the United States Constitution.

 11:00 a.m.           Two cases to be heard together (11344 & 11779) (Time Limits: 15 - 15 - 10 )  
11344   MailSource, LLC f/k/a Wild Geese, LLC, Respondent v. M.A. Bailey & Associates, Inc., Michael A. Bailey and Linda Bailey, Appellants.

Douglas F. Gay, of Gay & Walters, of Rock Hill, for appellants. Stephen M. Cox, of Robinson, Bradshaw & Hinson, of Rock Hill, for respondents.

These two cases, combined for oral argument, present the questions of whether the right to compel arbitration was waived and, secondly, whether a preliminary injunction should have issued.

 11:00 a.m.           Two cases to be heard together (11344 & 11779) (Time Limits: 15 - 15 - 10 )  
11779   MailSource, LLC f/k/a Wild Geese, LLC, Appellant v. M.A. Bailey & Associates, Inc., Michael A. Bailey and Linda Bailey, Respondents.

Stephen M. Cox, of Robinson, Bradshaw & Hinson, of Rock Hill, for appellant. Douglas F. Gay, of Gay & Walters, of Rock Hill, for respondents.

These two cases, combined for oral argument, present the questions of whether the right to compel arbitration was waived and, secondly, whether a preliminary injunction should have issued.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
11709   The State, Respondent v. Tunzy Antwain Sanders, Appellant.

Deputy Chief Attorney Joseph L. Savitz, III, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Derrick K. McFarland, all of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for respondent.

Were the appellant’s Sixth Amendment confrontation rights violated when the transcript of the testimony of witnesses against him in the first trial were used in the retrial because of the unavailability of those witnesses?

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
11634   Samuel D. Page, Appellant v. Willard G. Page, S.M. Page, Betsy Page Gilliam f/k/a Betsy Page Flinn, Carolyn Page Eaton, and Conway National Bank, Respondents.

Richard N. Weldon and Janice A. Cannan, both of Conway, for appellant. James Thomas Young, of Conway, for respondent Conway National Bank. Carolyn Page Eaton, of Aynor; S.M. Page, of Darlington; Willard G. Page, of Galivants Ferry; and Betsy Page Gilliam, of North Charleston, Betsy Page Gilliam f/k/a Betsy Page Flinn, pro se.

Does a right of first refusal provision in a deed which conveys an otherwise fee simple absolute estate violate the rule against diminishing the quality of the estate contained in the granting clause?

Wednesday, September 10, 2003
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
11692   TCF Corporation and William M. Gregg, Appellants v. Stadium Club Partners, a South Carolina Limited Liability Partnership, Paula G. Ballard, Kenneth E. Ballard, III, Johnathan G. Roquemore, Jessica B. Roquemore, Larry Wayne Mixon, Jr., Vivian C. Gregory, W.W. Gregory, Jr., Douglas Bobseine Dugan Electric, Inc., and Richland County, South Carolina, Defendants, of whom Stadium Club Partners, a South Carolina Limited Liability Partnership, Paula G. Ballard, Kenneth E. Ballard, III, Johnathan G. Roquemore, and Jessica B. Roquemore are Respondents.

Harry A. Swagart, III, and Robert L. Reibold, both of Swagart, Walker, Martin & Reibold, of Columbia, for appellants. Demetri K. Koutrakos and Louis H. Lang, both of Callison, Tighe & Robinson, of Columbia, for respondents.

This case involves whether an easement exists.

 10:15 a.m. (Time Limits: 15 - 15 - 10 )  
11473   All Saints Parish, Waccamaw, a South Carolina non-profit corporation, et al., of whom All Saints Parish, Waccamaw, a South Carolina non-profit corporation, etc., Respondents v. The Protestant Episcopal Church in the Diocese of South Carolina, The Episcopal Church a/k/a The Protestant Episcopal Church in the United States of America, Appellants; and James Hodges, in his official capacity as the Governor of the State of South Carolina, State of South Carolina and John Doe and Jane Doe as descendants to George Pawley and William Poole, Respondents.

Benj. Allston Moore, Jr., and Julius H. Hines, both of Buist, Moore, Smythe & McGee; and Coming B. Gibbs, Jr, of Gibbs & Holmes, all of Charleston, for appellants. D. Michael Henthorne, of Anderson; Henrietta U. Golding, of Myrtle Beach; Attorney General Henry D. McMaster, Deputy Attorney General Treva Ashworth and Senior Assistant Attorney General C. Havird Jones, Jr., all of Columbia; and Fred B. Newby, of Newby, Pridgen & Sartip, of Myrtle Beach, for respondents.

This case involves a dispute over the ownership of property on which a local Episcopal parish is located. The South Carolina Episcopal Church appeals the circuit court’s determination that the land was held in trust pursuant to a 1745 deed and that legal title to the land vested in the heirs of the trustees of that trust.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
11637   Dennis Ray Bevis, Respondent v. Georgia-Pacific Corporation, Self-Insured Employer, Appellant.

Grady L. Beard and Marcy J. Lamar, both of Sowell, Gray, Stepp & Laffitte, of Columbia, for appellant. Richard H. Rhodes and Ray E. Thompson, Jr., both of Burts, Turner, Rhodes & Thompson, of Spartanburg, for respondent.

This workers’ compensation case questions whether the claimant is entitled to additional surgery and other retroactive temporary benefits.

Cases to be Submitted Without Oral Argument
11161    The State, Respondent v. Ervin Williamson, Appellant.

11204    The State, Respondent v. Guy Polcari, Appellant.

11496    Montessori School of Mount Pleasant, Inc., Respondent v. Town of Mount Pleasant Board of Zoning Appeals, Appellant.

11598    Robert L. Woodrum and Linda Woodrum, Appellants v. Senergy, Inc., Harden Clubhouse Builders, Inc., and Carolina Termite and Pest Control, Inc., Defendants, and Harden Clubhouse Builders, Inc., Third-Party Plaintiff v. East Coast Exteriors, Inc., McConnan Construction Company, J.P. Contractors and Associates, Inc., Costal Foundation, Inc., Hall and Hall Architects, Inc., and Anderson Windows, Inc., Third-Party Defendants, of whom Senergy, Inc., is Respondent.

11599    S.C. Farm Bureau Mutual Insurance Companies, Respondent v. Mimi K. Oates as GAL for Jonathan David Oates, Jr., a minor under the age of 14, Mimi K. Oates, individually, Jonathan D. Oates, Sr., individually, James W. Whitmore, Mary D. Whitmore, Dana Tomlin, individually and dba Tender Loving Care Day Care (TLC), and Angela Dawn Adams, Defendants, of whom Mimi K. Oates, as GAL for Jonathan David Oates, Jr., Mimi K. Oates, individually, and Jonathan D. Oates, Sr., individually, are Appellants.

11605    Donald E. Maloyed, Appellant v. Rodney E. Parris, B & N Auto Sales, Michael McDonald and Martuis Lamote Coaxum, Defendants, of whom B & N Auto Sales is Respondent.

11606    Antonio Leon, Respondent v. South Carolina Farm Bureau Insurance Company, Appellant.

11609    Hampton Greene Apartments, Respondent v. Dr. Marie A. Faltas, Appellant.

11622    Scott A. Kummer, Appellant v. John C. Malpeli, III, Respondent.

11624    Steve Kosalac & Becky Kosalac, Respondents v. Cresent Homes, Inc., and Craig Roy, Appellants.

11625    Mac Babb, Appellant v. Nina Lee Thompson, Personal Representative for the Estate of Helen W. Thompson and Charles Wiriden, Jr., Defendants, and Mac Babb, Third Party Plaintiff v. Waterway Mobile Home Park, Inc., a North Carolina Corporation, and Cheryl Lloyd, Personal Representative of the Estate of H.O. Taylor, individually and as Registered Agent for Waterway Mobile Home Park, Inc., and as Officer, Shareholder, and Director of Waterway Mobile Home Park, Inc., Third Party Defendants, Respondents.

11626    Donald K. Yates, Respondent v. Linda C. Yates, Appellant.

11630    Dennis R. Toney, Appellant v. James D. Huffman, Respondent

11631    Sue L. Edstrom, Appellant v. Tucker Federal Bank, d/b/a Tucker Federal Mortgage, Frampton L. Harper, II, Palmetto State Bank, and Countrywide Home Loans, Inc., Respondents.

11635    Palmetto Homes, Inc., Appellant v. Philip Bradley, Chad Summerall, B&S Masonry, Inc., Bradley and Summerall Masonry, Inc., Respondents.

11643    The State, Respondent v. Tracy E. Hyman, Appellant.

11646    The State, Respondent v. Billy Jason Keith, Appellant.

11680    Sandra B. Boyd, d/b/a Sandra B. Chisolm, Respondent v. Alluette Jones, Appellant.

11682    Thomas Durrette Wooten, Jr., Respondent v. Mona Rae Howell Wooten, Appellant.

11683    Mary Jane Wright and Jerry Wright, Appellants v. South Carolina Farm Bureau Mutual Insurance Company, Respondent.

11684    Haig Point, Inc., Appellant v. Haig Point Club and Community Association, Inc.; Joe Souccar, Chuck Henry and Dale Gerlach, in their individual and representative capacities as members of the Transition Committee of Haig Point Club and Community Association, Inc., Haig Point Club, Inc., and Haig Point Community Association; Defendants, of whom Haig Point Club and Community Association, Inc., is Respondent.

11685    Holly C. Gamble, Appellant-Respondent v. John M. Parker, Winston-Carlyle Inc., I LLC, Winston-Carlyle Inc., Park West, LLC, Winston-Carlyle & Company Inc., and Southport Capital Corporation, Respondents-Appellants.

11688    The State, Respondent v. Kenneth Holston, Appellant.

11705    The State, Respondent v. Gerald Means, Appellant.

11707    The State, Respondent v. Reginald Wheeler, Appellant.

11715    John L. Willis, Respondent v. Gail Saunders-Willis, Appellant.

11716    Mortgage Lenders Network USA, Inc., Respondent v. Paynesville Enterprise Company, Inc., Appellant, In Re: Mortgage Lenders Network USA Inc., Plaintiff v. Lester R. Ammons, Jr., Defendant.