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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.
Tuesday, September 14, 2004
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
12533   Melvin H. Mowrer, Appellant v. Charleston County Park and Recreation Commission and Charleston County, Respondents.

Justin O'Toole Lucey, of Mt. Pleasant, for Appellant. Henry P. Wall, Warren C. Powell, Jr., and Joey R. Floyd, of Columbia, for Respondents.

This is an appeal of a directed verdict for the defendants in an inverse condemnation action.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
12509   South Carolina Department of Social Services, Respondent v. Michael Truitt, Sandra Ivester, John Doe, Defendants, of whom Michael Truitt and Sandra Ivester are Appellants. In the Interest of:Gabriel Truitt (DOB: 11-2-99)Elijah Truitt (DOB: 11-2-99) Alexis Truitt (DOB: 12/11/00)Minors Under the Age of 18.

Katherine H. Tiffany, of Greenville, for Appellant Michael Truitt; Tracy Welsh Tiddy, of Greenville, for Appellant Sandra Ivester; Rebecca Rush Wray, of Greenville, for Respondent; and Carol Anne Simpson, of Greenville, for Guardian Ad Litem.

This is a termination of parental rights case.

 11:00 a.m. (Time Limits: 15 - 15 - 10 )  
12577   Bill P. Passaloukas and Susie H. Passaloukas, Individually and as Shareholders derivatively on behalf of Zorba's Inc., Appellants, v. Cynthia Bensch, Gary Bensch and Zorba's Inc., Respondents.

Frank F. Pape, Jr., of Atlanta, Georgia, for Appellants. James Arthur Brown, Jr., of Beaufort, for Respondents.

In this civil action, the plaintiffs/appellants, who are fifty percent owners of a statutory close corporation, brought several claims against the defendants/respondents, the remaining fifty percent shareholders and landlord for the business, following the company's ejectment by the respondents. Appellants ask this Court to review twenty-six (26) alleged points of error in the trial court's rulings denying their claims.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
12438   Linda Lockard, Respondent v. Spencer Lockard, Appellant.

Robert Rosen, of Charleston, for Appellant. John Matthew Loy, of Summerville, for Respondent. Vernee Chnita Hancock, of Summerville, for Guardian Ad Litem.

In this family court case, the Court reviews the following three issues: (1) the custody arrangement in regard to children; (2) a less than "standard" visitation schedule; and (3) an award of attorney's fees.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
12512   Katherine Burns, Appellant v. Universal Health Services, Inc., Respondent.

V. M. Manning Smith, of Beaufort, for Appellant. Richard J. Morgan and Robyn W. Madden, of Columbia, for Respondent.

In this civil action, a jury verdict was rendered in favor of Katherine Burns (Appellant) against Universal Health Services, Inc. (Respondent) in the sum of Thirty Two Thousand ($32,000.00)Dollars. The circuit court granted Respondent's motion for a judgment non obstante verdicto. Appellant was employed for sixteen (16) years as a registered nurse by Aiken Regional Hospital, Respondent's predecessor. After Appellant's termination, she instituted an action for damages based on an employee manual addressing policy procedures related to discipline and termination. The issues on appeal involve the efficacy of the employee manual as juxtaposed to the at will employment doctrine.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
12580   B & B Liquors, Inc., Respondent v. Jeffery O'Neil, Appellant.

Melvin Richardson Hyman, Jr., of Charleston, for Appellant. James Earle Reeves, of Summerville, for Respondent.

In this civil action, the Court reviews the granting of summary judgment in favor of the Respondent. Issues analyzed are: (1) the form of the order granting summary judgment; and (2) the efficacy of a written contract as juxtaposed to claims of fraud, misrepresentations, and unilateral or mutual mistakes. Additionally, the Court addresses the application of the Dead Man's Statute and whether the written contract contains a non-reliance clause or a merger and integration clause.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
12651   Sharon Emery, Respondent v. Ross J. Smith, Appellant.

William Tracy Brown, of Charleston, for Appellant. Gregory Samuel Forman, of Charleston, for Respondent.

In this family court case, the Court reviews an award granting Respondent a retroactive interest in Appellant's military retirement. Appellant poses a number of defenses: (1) laches; (2) unclean hands; (3) unreasonable delay; and (4) financial hardship and prejudice.

Wednesday, September 15, 2004
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
12534   Rose M. Pack and Joseph B. Pack, III as Co-Personal Representatives of the Estate of Tracy B. Pack, deceased, Appellants v. Associated Marine Institutes, Inc.,; Rimini Marine Institute, Inc.,; The South Carolina Department of Juvenile Justice; Tyrone Smalls; Barney Gadson; Rodney Morrow; Thaddeus Chestnut ; and John Zeigler, Defendants, of whom Associated Marine Institutes, Inc.,; Rimini Marine Institute, Inc.,; Tyrone Smalls; Barney Gadson; Rodney Morrow; Thaddeus Chestnut ; and John Zeigler, are the Respondents.

William H. Johnson and Steven S. McKenzie, both of Manning, for Appellants. Thomas C. Salane and R. Hawthorne Barrett, both of Columbia, for Respondents.

This case appeals the grant of summary judgment in favor of certain of the defendants in actions arising out of the death of appellants' decedent.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
12647   Patricia E. Deidun, Appellant v. Richard C. Deidun, Respondent.

Daniel D. D'Agostino, of York, for Appellant. Lucy London McDow, of Rock Hill, for Respondent.

In this domestic matter, Wife appeals from the family court's final decree of divorce, arguing the family court erred in: (1) designating a Corvette non-marital property; (2) dividing the marital assets and debts on a less than 50/50 basis; (3) failing to award more than $1,200 a month in alimony; and (4) failing to award attorney's fees.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
12649   Katherine Elliott, Appellant v. S.C. Department of Transportation and State Accident Fund, Respondents.

Malcolm M. Crosland, Jr., of Charleston, for Appellant. Samuel Thompson Brunson, of Florence, for Respondents.

This case asks whether a pay raise that had been in effect for only a few days at the time of a compensable accident is an exceptional reason for calculating the average weekly wage on the basis of the increased income.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
12691   John David Lee and Kathleen Newman Lee, Respondents/Appellants v. Robert Allen Bunch, Appellant/Respondent.

Donnell G. Jennings and R. Hawthorne Barrett, both of Columbia, for Appellant-Respondent. Stephen B. Samuels and Joseph R. Dasta, both of Lexington, for Respondents-Appellants.

This tort action arose from a collision between a motorcycle driven by John David Lee and a car driven by Robert Allen Bunch. The jury found Lee 70% negligent and Bunch 30% negligent. The jury originally found for Bunch on Lee's wife's loss of consortium claim. After the trial court's resubmission of the issue, the jury awarded her $9000.00. The Lees and Bunch appeal.

Thursday, September 16, 2004
Courtroom I
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
12644   Edna L. Calhoun, Appellant v. Marlboro County School District, Respondent.

W. Allen Nickles, III, Carl L. Solomon, and Dona L. Guffey, all of Columbia, for Appellant. Shirley M. Fawley, Vernie L. Williams, and Kenneth L. Childs, all of Columbia, for Respondent.

This case involves a challenge to a Marlboro County School District's decision not to renew a teacher's employment contract.

 11:00 a.m. (Time Limits: 15 - 15 - 10 )  
12690   Laura Lawton Arnal, Respondent/Appellant v. David Emil Arnal, Appellant/Respondent.

Sally G. Calhoun, of Beaufort, for Appellant/Respondent. Susan C. Rosen, Robert N. Rosen, and Donald Bruce Clark, all of Charleston, for Respondent/Appellant. Ralph E. Tupper, of Beaufort, for Guardian ad Litem.

In a cross-appeal from a family court order granting Wife a divorce and custody of the parties' minor child, awarding child support, granting Husband visitation, and equitably dividing marital property, Husband asserts sixteen issues on appeal. Husband argues the family court judge erred in imputing income to him, failing to impute income to Wife, failing to consider uncovered medical bills in child support and requiring payment of these bills within fourteen days, failing to consider its order for Husband to travel from Hilton Head, SC to Brevard, NC to exercise visitation, in computing child support, failing to admit the corpus of certain trusts to which Wife is the beneficiary, dividing guardian ad litem fees, awarding attorney's fees, failing to award Easter and summer visitation, valuing certain marital property, and failing to recuse himself as a result of bias. Wife argues the family court judge erred in failing to consider all fifteen statutory factors in equitably dividing marital property and in excluding a lot of real estate from equitable division.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
12508   Paul Davis Systems, Inc., Appellant v. Deepwater of Hilton Head, LLC, Columbia Construction Services Company, Inc., and Andrew Batten, Respondents.

Sean Michael Bolchoz and James O. Hale, both of Hilton Head Island, for Appellant. Robert C. Calamari and William Jerad Rissler, both of Myrtle Beach, for Respondents.

Paul Davis Systems, Inc. asserted causes of action for breach of contract and foreclosure of a mechanic's lien against Respondent, Deepwater of Hilton Head, LLC. Paul Davis Systems appeals from the master in equity's order dismissing Deepwater from the action, arguing the master erred in admitting evidence concerning Deepwater's post-trial defenses and ruling on those defenses when each were available to assert prior to trial. Additionally, Appellant argues the master erred in ruling that the lack of a contract between Paul Davis Systems and Deepwater precluded the action for foreclosure and that the mechanic's lien failed to adhere to the statutory requirements regarding perfection of the lien.

Wednesday, September 15, 2004
Courtroom II
(Court convenes at 2:00 p.m.)
 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
12546   John Hall Cannon, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent.

Richard A. Harpootlian, and Michael D. Scott, both of Columbia, for Appellant. J. Benjamin Aplin, of Columbia, for Respondent.

John Cannon appeals from an order requiring him to submit a DNA sample as a condition of his parole, arguing the statute was amended to exclude him from the requirement and forcing him to provide a sample violates the ex post facto clauses of the United States and South Carolina Constitutions.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
12646   Melissa D. Hamilton a/k/a Melissa Dawn Hamilton, Respondent v. R & L Transfer, Inc., Appellant.

William A. Bryan, Jr. and Christian Stegmaier, both of Columbia, for Appellant. Edward C. Boggs and S. Murray Kinard, both of Lexington, for Respondent.

This appeal raises numerous issues concerning the conduct and rulings of the trial court in an accident case, includng the denial of appellant's directed verdict motion and the grant of a directed verdict to respondent on liability.

Cases to be Submitted Without Oral Argument
11977    The State,Respondent v. Anthony Rayfield, Appellant.

12447    The State, Respondent v. Robert L. Garrett, Appellant.

12349    The State, Respondent v. Don Reno Walton, Appellant.

12540    The State, Respondent v. Roger A. Stevens, Appellant.

12547    Raymond C. Campbell, Respondent v. Martha M. Carr and Ruth Riley Glover, Appellants.

12605    Janet F. Rodman (Fried), Respondent v. John R. Rodman, Appellant.

12609    Ocwen Federal Bank, FSB, Respondent v. Katherine Brown a/k/a Katherine Brown, Associates Financial Serv., Richland Memorial Hosp./Charles Hall, Sun Finance and Ford Motor Credit Company, Defendants, of whom Katherine Brown is, Appellant.

12652    Sylvia Dunbar, as Guardian ad Litem for Akeya Johnson, a minor under the age of eighteen (18) years, Respondent v. Willette L. Johnson, Appellant.

12693    James M. Loftis and Roxana T. Loftis, Appellants v. South Carolina Electric and Gas Company, Respondent.

12876    The State, Respondent v. Steven Tillison, Appellant.

12877    The State, Respondent v. Edward Daniel Painter, Appellant.

12878    The State, Respondent v. Julian AB Romero, Appellant.

12914    The State, Respondent v. Cedric Fitzgerald Lowden, Appellant.

12915    The State, Respondent v. David Tatom, Sr., Appellant.

12920    The State, Respondent v. John Jabar Green, Appellant.

12844    The State, Respondent v. Joe Whitten, Appellant.

12783    The State, Respondent v. Clarence D. Jones, Appellant.

12811    The State, Respondent v. Timothy Scott Frey, Appellant.

12849    The State, Respondent v. Henry D. McKinney, Appellant.

12851    The State, Respondent v. Garland W. Harris, Appellant.

12854    The State, Respondent v. Samuel Dinkins, Appellant.

12856    The State, Respondent v. Terrance Harris, Appellant.

12874    The State, Respondent v. Lorenzo Ragin, Appellant.

12875    The State, Respondent v. Samuel Wilson, Appellant.

12923    The State, Respondent v. Mickey Johnson, Appellant.

12936    The State, Respondent v. Bryan Brown, Appellant

12937    The State, Respondent v. Tracey Clark, Appellant.

12938    The State, Respondent v. Willie Brannon, Appellant.

12939    The State, Respondent v. James Edward Chapman, Appellant.

12879    The State, Respondent v. Russell L. Holley, Appellant.

12883    The State, Respondent v. Jimmy Lee Duncan, Appellant.

12884    The State, Respondent v. Travis Brown, Appellant.

12908    The State, Respondent v. Alan L. Burns, Appellant.

12912    The State, Respondent v. Tyrone L. Sanders, Appellant.

12913    The State, Respondent v. Phyllis S. Montague, Appellant.

12694    Lynn Marie Boland, Appellant v. John Michael Boland, Respondent.

12704    Charlotte Davis and Roy Davis, Jr., Appellants v. Barbara Jean Dacus and Unisun Insurance, Defendants, Of whom Barbara Jean Dacus is the Respondent.

12705    Carroll Rogers and Windy Hill Water Park, Inc., Appellants v. Jill R. Griffith and Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., Respondents.

12717    BB&T f/k/a Southern National Bank, Respondent v. Carolyn M. Taylor a/k/a Carolyn Yvonne Murphy Taylor, Appellant.

12656    The State, Respondent v. Thomas W. Spivey, Jr., Appellant.

12658    The State, Respondent v. Ernest Berry Sibert, Appellant.

12692    B&A Development, Inc.; Baker-Haynes, LLC; H&C Fishers, Inc.; Charles C. Smith; James P. Mayes, III; Barry C. Haynes; Rachelle H. Hayes; Samuel H. Baker; Jody J. Baker; Andrew D. Smith; G.D. Rogers; Mary G. Collins; Individually and as Class Representative for all those similarly situated, Appellants v. Georgetown County, a Body Politic; Georgetown County Council; Georgetown County School District; Edna Earle Freeman in her capacity as Georgetown County Auditor; and Loretta D. Washington, in her capacity as Georgetown County Treasurer, Respondents.

12641    Bruce S. Skinner, M.D., Appellant v. Trident Medical Center, L.L.C., Successor to North Trident Regional Hospital, Inc. and Cheryl Aloway, Respondents.

12645    Raymond G. Gelinas, Appellant v. Department of Public Safety, Respondent.

12650    Exide Corporation, and Johnson Controls, Inc., Respondents, v. Bush's Recycling, Inc., Appellant.

12549    Ricky Saverance, Respondent v. Williams' Carpet Service, Employer, and The Hartford, Carrier, Appellants.

12441    Travelers Home Mortgage Services, Inc., Respondent v. Johnel Mosley and Ernest Mosley, Defendants, of whom Ernest Mosley is the Appellant.

12492    Wachovia Bank, Respondent v. Winona Grain Co., Inc and Michael Britton, Appellants.

12505    The State, Respondent v. Chase Randlyn Burnett, Appellant.

12516    Mac Babb, Appellant v. Nina Lee Thompson, Personal Representative for the Estate of Helen W. Thompson and Charles Wiriden, Jr., Defendants, Of Whom Nina Lee Thompson, Personal Representative for the Estate of Helen W. Thompson is Respondent,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.

12531    Walter McQueen, Respondent v. Staffmark, Inc. and Atlantic Mutual Insurance Co., Appellants.

12538    David B. Crockett, Appellant v. Carolina First Bank, Defendant and Third Party Plaintiff, David W. Bowers and Kenneth F. Crockett, Third Party Defendants, Respondents.

12218    The State, Respondent v. Tyrese R. Chisolm, Appellant.

12328    Ernest Steele, Appellant v. Stephen Benjamin, Director of Department of Probation, Parole and Pardon Services, Respondent.

11265    Louise P. Majstorich, Personal Representative for the Estate of Roger D. (Bill) Prince, Appellant, v. John P. Gardner Jr., Respondent.

11928    The State, Respondent v. Roshamel Broaddus, Appellant.