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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.
Tuesday, September 12, 2006 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
14388 Nathan Albertson and Amanda Byfield-Albertson, Appellants, v. Brian William Robinson a/k/a Brian W. Robinson, Maureen Ann Robinson and American General Financial Services, Inc., Respondents. Robert A. Bernstein, of Charleston, for Appellants. Christopher David Lizzi, of North Charleston, for Respondent Brian William Robinson a/k/a Brian W. Robinson. Thomas H. Brush, of Charleston, for Respondent American General Financial Services. Maureen Ann Robinson, of Summerville, pro se. Appellants appeal from the master in equity's order dismissing their action seeking to have respondents' transfer of an interest in real estate declared void as a fraudulent transfer in violation of the Statute of Elizabeth, S.C.Code Ann. Section 27-23-10 (Supp. 2005).
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
14376 Kenneth E. Bennett, Richard K. Bennett, James M. Hendershot, and Robert N. Parker, III, Appellants, v. Investors Title Insurance Company, Respondent.__________________Investors Title Insurance Company, Respondent, v. Crescent Resources, LLC, Bristol, LLC, and CBS Surveying & Mapping, Inc., Respondents. Randall Scott Hiller, of Greenville, for Appellants. Louis H. Lang, of Columbia, for Respondent Investors Title Insurance Company. V. Clark Price, of Greenville, Benjamin A. Johnson, of Rock Hill, for Respondent Crescent Resources, LLC. Warren C. Powell, Jr., of Columbia, for Respondent CBS Surveying and Mapping, Inc. In this civil action, the court analyzes the efficacy of warranty language in a deed as juxtaposed to an exclusion relating to a current and accurate survey involving easements, covenants, and rights of way of public roads. Additionally, Appellants were paid for the value of the actual width of the right of way not encompassed in the deed by Investors Title Insurance Company. Appellants aver error in the granting of summary judgment to Investors Title Insurance Company contending the title exception of "such state of facts as would be disclosed by a current and accurate survey" is not defensive.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
14360 Kenneth E. Bennett, Richard K. Bennett, James M. Hendershot and Robert N. Parker, III, Plaintiffs, v. Investors Title Insurance Company,Defendant.__________________Investors Title Insurance Company, Appellant, v. Crescent Resources, LLC; Bristol, LLC and CBS Surveying & Mapping, Inc., Defendants, Of Whom Crescent Resources, LLC is the Respondent. Jason M. Bobertz and Louis H. Lang, of Columbia, for Appellant Investors Title Insurance Company. V. Clark Price, of Greenville; Benjamin A. Johnson and Stephen M. Cox, of Rock Hill, for Respondent Crescent Resources, LLC. In this civil action, the Circuit Judge granted summary judgment in regard to the claims of Investors Title Insurance Company against Crescent Resources, LLC. The issues on appeal are: (1) The Circuit Court erred in concluding the "exceptions and exclusions" in the Crescent Deed precluded deed warranty liability on the part of Crescent; (2) The Circuit Court erred in ruling that the "exceptions and exclusions" in the Crescent Deed precluded deed warranty liability because the habendum clause could not reduce the effect of the granting clause; (3) The Circuit Court erred in failing to conclude there was an ambiguity in the Crescent Deed in regard to the limited warrant.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
14371 Elizabeth B. McCullar, J.W. McCullar, Appellants, v. The Estate of Dr. William Cox Campbell & Palmetto Health Alliance, d/b/a Palmetto Health Baptist, Defendants, Of Whom The Estate of Dr. William Cox Campbell is the Respondent. Kevin H. Sitnik, of Columbia, for Appellants. Kay Gaffney Crowe, for Respondent. The circuit court dismissed this medical malpractice action against a deceased physician's estate pursuant to Rule 12(b)(1), SCRCP, motion for lack of subject matter jurisdiction. On appeal, this court is asked to determine if the circuit court erred in finding the probate court has exclusive original subject matter jurisdiction over claims against a decedent's estate.
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12:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
14369 Claire Elizabeth Mouton LaFrance, Respondent/Appellant, v. Michael Leo LaFrance, Appellant/Respondent. Jeffrey Falkner Wilkes, of Greenville, for Appellant-Respondent. Timothy E. Madden,of Greenville, for Respondent-Appellant. Robin B. Stilwell, of Greenville, Guardian Ad Litem. In this family court litigation, the cross-appeals present multitudinous issues. Wife alleges error in regard to the family court's rulings (1) awarding Husband part of Wife's future assets; (2) classifying all of Wife's jewelry as marital property; and (3) issuing the Supplemental Order dated September 29, 2004. Husband avers the family court erred in (1) imputing income to the Husband where the record fails to show underemployment is voluntary; (2) its division of marital assets; (3) its calculation of child support; and (4) awarding attorney's fees in the amount of $50,000 where Wife has a substantial estate and income, Husband was unemployed and had already been forced to invade assets.
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Wednesday, September 13, 2006 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
14393 Edman Hackworth and Debbie Kay Hackworth, Appellants v. Greenville County and Greenville County Sheriff's Department, Respondents. William Henry Thomas, of Greenville, for Appellants. Russell W. Harter, Jr., of Greenville, for Respondents. In this civil action, Hackworth seeks recovery of $152,016 seized by the Greenville County Sheriff's Department. Hackworth argues the trial court incorrectly interpreted the requirements of the civil forfeiture statute. Greenville County defends its position based on the statute of limitations, accord and satisfaction, and the equitable doctrines of laches and unclean hands.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
14357 Peerless Insurance Company, Respondent v. Lynn Wilson, Appellant. Andrew C. Barr, of Greenville, for Appellant. Ellis M. Johnston, of Greenville, for Respondent. In this declaratory judgment action, Wilson appeals from the trial court's order declaring that the automobile insurance policy issued to a corporation owned by Wilson's husband did not provide UIM coverage for a personal vehicle owned by the husband but listed on the policy.
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Thursday, September 14, 2006 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
14348 The State, Respondent v. Dorian J. Cain, Appellant. Desa Ballard and Jason B. Buffkin, of West Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, of Columbia, and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent. Dorian J. Cain appeals from his conviction of armed robbery, arguing (1) the showup at which the victims identified him was unduly suggestive; (2) the police lacked probable cause to pull over the vehicle in which he was a passenger; and (3) the trial court should have granted a new trial based on an affidavit of one victim recanting his identification of Cain as the perpetrator.
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10:15 a.m. | (Time Limits: 15 - 15 - 5 ) |
14422 John Temple Ligon, Appellant, v. Jeff Norris and Affinity Technology Group, Inc., Respondents. William C. Cleveland and Thomas P. Guerard, of Charleston, for Appellant. Robert L. Widener and Jane W. Trinkley, of Columbia, and Mark P. Henriques, of Charlotte, NC, for Respondent Affinity Technology Group, Inc. Jacquelyn Lee Bartley, of Columbia, for Respondent Jeff Norris. Questions whether Ligon is entitled to judgment notwithstanding the verdict, or a new trial nisi additur because, it is alleged, the verdict does not correspond with the evidence of damages.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
14378 Patricia W. Harsey, Respondent v. Robert Mills Thomas, Appellant. Timothy G. Quinn, of Columbia, for Appellant. Jean Perrin Derrick, of Lexington, for Respondent. Father appeals from an order of the family court requiring him to pay child support so that his daughter, who is in college, can maintain her vehicle. He also appeals from the family court's determination that he is responsible for the pro rata share of his daughter's student loan and for $800 in Mother's attorney's fees.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
14030 Anthony Marlar, Petitioner v. State of South Carolina, Respondent. Assistant Appellate Defender Robert M. Dudek, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Daniel E. Grigg, of Columbia, for Respondent. In this PCR action, Marlar appeals the PCR court's denial of his application, arguing: (1) the court's order did not contain specific findings of fact as to all the issues raised in the application; and (2) Marlar was entitled to post-conviction relief because his trial counsel failed to introduce exculpatory hair evidence.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
14416 South Carolina Farm Bureau Mutual Insurance Company, Appellant, v. Henry Kennedy, Respondent. Karl Stephen Brehmer, of Columbia, for Appellant. Eric Holcombe Philpot,of Greenville, for Respondent. In this action to recover underinsured motorist coverage, South Carolina Farm Bureau appeals from the trial court's order granting summary judgment in favor of Kennedy. South Carolina Farm Bureau argues there are issues of material fact surrounding the circumstances of the accident, specifically whether Kennedy was pinned against his car during the accident. South Carolina Farm Bureau further argues Kennedy would not be covered by the liability policy even if he had been pinned.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
14380 Mary Black Health System, LLC d/b/a Mary Black Memorial Hospital, Respondent, v. Phillip Watterson, M.D., Appellant. Matthew A. Henderson and Joshua M. Henderson, of Spartanburg, for Appellant.. Julie Jeffords Moose, of Florence, for Respondent. This case involves a Physician Relocation Agreement entered into between the parties pursuant to which Respondent advanced cash collections and an office loan to Appellant's practice and agreed to forgive 1/24th of the amount for each month. Appellant remained in practice in Spartanburg County. The trial court granted summary judgment to Respondent and determined Respondent was entitled to judgment, in part, of $279,633.70. Appellant contends the trial court erred in (1) granting Respondent summary judgement because genuine issues of fact exist regarding Appellant's claims of estoppel and waiver and (2) even if the trial court properly granted summary judgement, the court erred in calculating the amount of $279,633.70 due under the agreement as the calculation only took into consideration partial forgiveness of principal, but not interest.
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Wednesday, September 27, 2006 | |
Beaufort County Courthouse
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
14232 Samuel Brownlee and Richard Jolly, Appellants, v. South Carolina Department of Health and Environmental Control, Respondent. Christopher M. Holmes, of Mt. Pleasant, for Appellants. Leslie S. Riley, of Charleston, for Respondent.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
14461 Margaret O'Leary-Payne, Respondent v. R.R. Hilton Head, II, Inc. and Charter Oak Group, Ltd., Appellants. Thomas Carl Cofield, of Lexington, for Appellants. Charles E. Carpenter and Carmen V. Ganjehsani, of Columbia, for Appellants. Dan R. Denton, of Beaufort, for Respondent. David Holt Berry, of Hilton Head Island, for Respondent. Henry E. Grimball, of Charleston, for Respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
14481 George H. Dowd, III, Respondent, v. Ginger W. Dowd, Appellant. Patrick F. Stringer, of Charleston, for Appellant. Anne Frances Bleecker, of Charleston, for Respondent.
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Cases to be Submitted Without Oral Argument | |
14318 |
Washington Mutual Bank, FA, Successor to North American Mortgage Company, Respondent, v. Julie A. Hiott, a/k/a Julie A. Stroble, Affordable Homes, Inc., and Mortgage Assurance, Defendants, Of whom Julie A. Hiott, a/k/a Julie A. Stroble is the Appellant.
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14339 |
Dale C. Pfeil, II d/b/a D P Associates, Appellant, v. Steven Walker Homes Corporation; Steven Walker Homes LLC; Steven Walker Communities, Inc.; Steven Berzansky and David Peery d/b/a Steven Walker Homes Corporation, Steven Walker Homes LLC and Steven Walker Communities, Inc., Robert W. Palmer, Rebecca W. Palmer, Kenneth C. Nugent, Laurese A. Nugent, Chase Manhattan Mortgage Corporation, First Gaston Bank of North Carolina, Pamela Macaluso, Daniel L. Luithele, Melissa D. Luithele, Wachovia Bank, Fieldstone Mortgage Corporation, Crown Homes, Inc., Joanne M. Anderson, Wachovia Mortgage Corporation, Cooperative Mortgage Services, Inc., First Union National Bank, Brian C. Wilson, John E. Peterson, Harper Peterson & Rogers, P.A., Harper, Peterson, Rogers & Reno, P.A., and Marvin Barman, Defendants, of whom Steven Walker Homes Corporation, Steven Walker Homes, LLC, Steve Berzansky, David Peery, Pamela Macaluso, Fieldstone Mortgage Corporation, Crown Homes, Inc., Joanne M. Anderson, Wachovia Mortgage Corporation, Brian C. Wilson, Harper Peterson Rogers & Reno, P.A. and Marvin Barman are Respondents.
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14346 |
The State of South Carolina, Respondent, v. Marko Marshall and ABC Bonding Co. Inc., Defendants, of whom ABC Bonding Co., Inc. is Appellant.
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14347 |
EFCO Corporation, Appellant, v. Renaissance on Charleston Harbor, LLC, Estates Management Company, Bovis Lend Lease, Inc., Phoenix Contract Glass LLC, and National Grange Mutual Insurance Company, Harbor Sales, LLC, Point Sales, LLC, Edward Strom a/k/a Edward T. Strom, and Robert M. Mundy, Jr., Respondents.
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14350 |
The State, Respondent, v. Tommy Lemel Watts, Appellant.
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14351 |
Leila Eugenia Auten, Appellant, v. Sylvia Snipes, Respondent.
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14352 |
The State of South Carolina, Respondent, v. Nathaniel Stevenson, III, and ABC Bonding Co., Inc., Defendants, of whom ABC Bonding Co., Inc. is Appellant.
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14353 |
The State of South Carolina, Respondent, v. Nathaniel Stevenson, III, and ABC Bonding Co., Inc., Defendants, of whom ABC Bonding Co., Inc. is Appellant.
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14358 |
Charles L. Eckartz, Claimant, Appellant, v. Stone Creek Cove Homeowners Association, Inc., Employer and Cincinnati Insurance Companies, Carrier, Respondents.
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14361 |
The State of South Carolina, Respondent, v. Ernest J. Alcantara and ABC Bonding Company, Inc., Defendants, of whom ABC Bonding Company, Inc. is the Appellant.
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14362 |
The State of South Carolina, Respondent, v. Pablo Alcantara, and ABC Bonding Company, Inc., Defendants, of whom ABC Bonding Company, Inc. is the Appellant.
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14363 |
Donald Robinson, Respondent, v. City of Columbia, Appellant.
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14364 |
Manuel Robinson, as duly appointed Personal Representative of the estate of Brenda Doris Robinson, deceased, Appellant, v. Bon Secours St. Francis Health System, Inc. and St. Francis Hospital, Inc., d/b/a St. Francis Women's and Family Hospital, Adrian Paul Corlette, Sr., MD, Elaine Mary Haule, MD, Donald Webster Wing, MD, Tara L. Sabatinos, PA, Respondents.
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14366 |
The State, Respondent, v. Reginald Tyrone Davis, Appellant.
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14367 |
The State, Respondent, v. Faith Draper, Appellant.
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14370 |
Eddie Thomas Jackson, Appellant, v. The State of South Carolina, Respondent.
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14374 |
South Carolina Department of Social Services, Respondent, v. Tina Jean Nix, Clifford E. Santillo and John Doe, Respondents, In the Interest of Abigail A. Nix, DOB 12/10/01, INTERVENORS: Dewayne Nix, Sandra Dianne Nix and Gena Sheryl Nix, Appellants.
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14375 |
Ex Parte: Bruce Johnson, Appellant. In Re: Bank of America, N.A.,Respondent, v. Shuyler L. Moore and Yvonne R. Moore, as Trustees for the Moore Family Trust; Schuyler L. Moore and Yvonne R. Moore; Lyn-Rich Contracting Company, Inc.; Alice Guillemet; Scott Moore; Raymond Guillemet; Gordon Rockwell; Barbara Moore; Leslie Guillemet; Shawn G. Guillemet; Brandy G. Guillemet; Andre S. Moore; and Deanna M. Moore,Defendants,Of whom Shuyler L. Moore and Yvonne R. Moore, as Trustees for the Moore Family Trust; Schuyler L. Moore and Yvonne R. Moore; Lyn-Rich Contracting Company, Inc. are Respondents.
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14377 |
The State of South Carolina, Respondent, v. Jose Hernandez and ABC Bonding Company Inc., Defendants, of whom ABC Bonding Company Inc. is the Appellant.
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14382 |
Keith Sheppard, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent.
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14383 |
Allen Tolbert, Appellant, v. County of Sumter and Tommy R. Mims, individually and in his official capacity as Sheriff of Sumter County, Defendants, of whom Tommy R. Mims, individually and in his official capacity as Sheriff of Sumter County is the Respondent.
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14387 |
The State, Respondent, v. Tyrone Rouse, Appellant.
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14390 |
South Carolina Department of Transportation, Respondent, v. Keith Buckles and G.L. Buckles, Landowners, and Ronald Paul, Lessee and Sang Kim, Lessee, Defendants, Of Whom Ronald Paul is the Appellant.
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14391 |
Susan Reed-Richards,Respondent, v. Clemson University, Employer and State Accident Fund, Carrier, Appellants.
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14395 |
The State, Respondent, v. Dana Rae Rikard, Appellant.
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14397 |
Samuel D. Berkheimer, Robert A. White, Charles A. Earles, Willie J. Crouch, Jr., Brian Redmond, John S. White, Terry C. Downie, Thomas S. Croxton and David Y. Wilson, Appellants, v. Richland County, South Carolina, Respondent.
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14398 |
Robert S. Brannon and Kimberly C. Brannon, Respondents, v. The Palmetto Bank and Howard Barnard, Defendants, Of whom The Palmetto Bank is the Appellant.
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14402 |
The State, Respondent, v. Ernest K. Lee, Appellant.
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14406 |
Ella Sabb, Respondent, v. Wal-Mart Stores Inc. and American Home Assurance, Appellants.
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14407 |
Wheeler M. Tillman, Appellant v. Joe L. Grant, Respondent.
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14410 |
William Marrion Collins, Respondent, v. Coastal Sanitary Supply Co., Employer, and Companion Property & Casualty Insurance Co., Carrier, Appellants.
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14411 |
Alexander Pastene, Appellant, v. Beaufort County School District (A Political Subdivision of The State of South Carolina); Herman Gaither; Calvin White; Otis Smith; Carl Simmons; Mark Seigle; Herbert Glaze; Richard McLore; William Evans; Beaufort Police Department; Police Officer Hayes, Respondents.
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14413 |
Michael J. McEachern, Appellant, v. South Carolina Employment Security Commission, Respondent.
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14417 |
The State, Respondent, v. Eddie Geiger, Appellant.
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14419 |
The State, Respondent, v. William Rhett Snowdon, Appellant.
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14522 |
South Carolina Department of Social Services,Respondent, v. Melissa Roberts Smalls, George Ray Smalls, John Doe, Terrell Lashea Roberts [DOB: 02-24-89], George Ray Smalls, Jr., [DOB: 02-10-91], Karen Alicia Smalls, [DOB: 12-09-92], Ervin Joshua Smalls, [DOB:08-04-95], minor children under the age of 18, Defendants, of whom Melissa Roberts Smalls is the Appellant.
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