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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, September 8, 2003 | |
Courtroom I
(Court convenes at 2:45
p.m.)
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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.
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Tuesday, September 9, 2003 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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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.
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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.
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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.
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Tuesday, September 9, 2003 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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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.
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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.
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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.
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Wednesday, September 10, 2003 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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Cases to be Submitted Without Oral Argument | |
11161 |
The State, Respondent v. Ervin Williamson, Appellant.
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11204 |
The State, Respondent v. Guy Polcari, Appellant.
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11496 |
Montessori School of Mount Pleasant, Inc., Respondent v. Town of Mount Pleasant Board of Zoning Appeals, Appellant.
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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.
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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.
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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.
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11606 |
Antonio Leon, Respondent v. South Carolina Farm Bureau Insurance Company, Appellant.
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11609 |
Hampton Greene Apartments, Respondent v. Dr. Marie A. Faltas, Appellant.
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11622 |
Scott A. Kummer, Appellant v. John C. Malpeli, III, Respondent.
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11624 |
Steve Kosalac & Becky Kosalac, Respondents v. Cresent Homes, Inc., and Craig Roy, Appellants.
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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.
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11626 |
Donald K. Yates, Respondent v. Linda C. Yates, Appellant.
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11630 |
Dennis R. Toney, Appellant v. James D. Huffman, Respondent
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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.
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11635 |
Palmetto Homes, Inc., Appellant v. Philip Bradley, Chad Summerall, B&S Masonry, Inc., Bradley and Summerall Masonry, Inc., Respondents.
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11643 |
The State, Respondent v. Tracy E. Hyman, Appellant.
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11646 |
The State, Respondent v. Billy Jason Keith, Appellant.
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11680 |
Sandra B. Boyd, d/b/a Sandra B. Chisolm, Respondent v. Alluette Jones, Appellant.
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11682 |
Thomas Durrette Wooten, Jr., Respondent v. Mona Rae Howell Wooten, Appellant.
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11683 |
Mary Jane Wright and Jerry Wright, Appellants v. South Carolina Farm Bureau Mutual Insurance Company, Respondent.
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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.
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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.
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11688 |
The State, Respondent v. Kenneth Holston, Appellant.
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11705 |
The State, Respondent v. Gerald Means, Appellant.
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11707 |
The State, Respondent v. Reginald Wheeler, Appellant.
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11715 |
John L. Willis, Respondent v. Gail Saunders-Willis, Appellant.
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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.
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