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September 2009 |
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.
Tuesday, September 1, 2009 | |
Courtroom I
(Court convenes at 2:00
p.m.)
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
17305 Emily B. Smith, Appellant/Respondent, v. Jeffrey O. Smith, Respondent/Appellant. Jan L. Warner and Mathew E. Steinmetz, both of Columbia, for Appellant-Respondent. Yulee Harrelson and Thomas Neal, III, both of Columbia, and G. Murrell Smith, Jr., of Sumter, for Respondent-Appellant. In this custody dispute, Emily Smith (Mother) contends the family court erred in refusing: (i) to deviate from the child support guidelines and charge Jeffrey Smith (Husband) with his share of private school tuition for the parties' minor child; (ii) to require Husband to obtain life insurance as security for the family court's awards of alimony and child support; (iii) to consider the cost of Wife's medical insurance and medical expenses as an incident of alimony; (iv) to find property given to Husband by his mother had been transmuted into marital property; and (v) to award Wife attorney's fees and costs. In his cross-appeal, Father claims the family court erred in: (i) setting the visitation schedule; (ii) granting Mother the authority to deny visitation for good cause; (iii) refusing to allow daily phone contact between he and the child; (iv) failing to permit the child to fly unaccompanied to visit him; and (v) refusing to impute income to Mother.
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Wednesday, September 2, 2009 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
16580 Lee B. Jeffrey, Sr., Respondent, v. Sunshine Recycling, Employer, and Capital City Insurance, Alleged Carrier, and South Carolina Uninsured Employers' Fund, Defendants, of whom Sunshine Recycling and South Carolina Uninsured Employers' Fund are the Appellants and Capital City Insurance, Alleged Carrier is the Respondent. Lewis Lanier, of Orangeburg, for Appellant Sunshine Recycling. Robert Merrell Cook, II, of Batesburg-Leesville, for Appellant SC Uninsured Employer's Fund. Preston McDaniel, of Columbia, for Respondent Lee B. Jeffrey, Sr. Grady L. Beard and Daniel W. Hayes, of Columbia, for Respondent Capital City Insurance. Sunshine Recycling (Sunshine) and the South Carolina Uninsured Employers' Fund (UEF) appeal the circuit court's reversal of the South Carolina Workers' Compensation Commission's (the Commission) finding that Capital City Insurance (Capital City) was the workers' compensation insurance carrier for Sunshine at the time of claimant Lee B. Jeffrey, Sr.'s injury. Specifically, Sunshine and UEF argue the circuit court erred in: (1) incorrectly applying the substantial evidence rule; (2) failing to give proper deference to the Commission's coverage determination when that determination is exclusively within the purview of the commission per Labouser v. Harleysville Mutual Ins. Co.; and (3) failing to find as an additional sustaining ground for upholding the Commission's coverage determination that Capital City was estopped to deny coverage.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
17009 In the Matter of Mary Elizabeth Rabens, David M. Adams, Respondent-Appellant, v. Dennis J. Rhoad, Esquire, Special Administrator, Appellant-Respondent. Robert Wyndham, of Charleston, for Appellant-Respondent. James Richardson, Jr., of Columbia, for Respondent-Appellant. In this cross-appeal, David Adams and Dennis Rhoad appeal the circuit court's order affirming the probate court's award of attorneys' fees to Adams. Adams argues the circuit court erred in: (1) substituting its own view of the preponderance of the evidence concerning the amount of a reasonable attorneys' fee for that of the probate court; and (2) concluding that this is an equitable matter and not an action at law. Rhoad argues the circuit court erred in: (1) finding that the prior circuit court order was controlling as the law of the case; (2) finding that the prior court order required an award of attorneys' fees; (3) awarding attorneys' fees where the contingencies of the written fee agreement were not met prior to the attorney abandoning the contract as a result of being disbarred; and (4) failing to find Adams' claim for attorneys' fees is barred pursuant to the unclean hands doctrine.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
17022 Nelson Padgett, Appellant v. City of Greenwood, County of Greenwood and Jeremiah Akkins, individual and as an employee of the City of Greenwood, Defendants of whom City of Greenwood is the Respondent. Charles Edward Johnson, of Columbia, for Appellant. C. Edward Rawl, Jr., and Weston Adams, III, of Columbia, for Respondent. Nelson Padgett appeals the circuit court's order granting summary judgment in favor of the City of Greenwood (City). Padgett asserts there was a genuine issue of material fact as to whether his arrest was supported by probable cause. Specifically, Padgett contends the genuine issue of material fact stems from "the securing of the arrest warrants in the first instance." The City argues the circuit court properly granted its motion for summary judgment. The City contends even if the circuit court erred in dismissing Padgett's case, the City is immune from liability under the South Carolina Tort Claims Act.
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11:45 a.m. To be argued with 17401 | (Time Limits: 20-20-10) |
17400 In the Estate of: Margaret S. Connor, Leroy W. Connor and Yvonne C. Austin, Appellants, v. Stephen M. Slotchiver, as Special Administrator of the Estate of Margaret S. Connor, Respondent. Bernard Fielding, of Charleston, for Appellants. John Massalon, of Charleston, for Respondent. In this appeal arising from the same probate action as #17401, Connor and Austin appeal the circuit court's order affirming actions taken by the probate court after the filing of their initial appeal. Issues on appeal include the proper standard of review, pleading requirements, breach of fiduciary duty, probate court jurisdiction during pendency of an appeal, and due process.
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11:45 a.m. To be argued with 17400 | |
17401 In the Estate of: Margaret S. Conner Leroy W. Conner and Yvonne C. Austin, Appellants, v. Stephen M. Slotchiver, as Special Administrator of the Estate of Margaret S. Conner, Respondent. Bernard Fielding, of Charleston, for Appellants. John Massalon, of Charleston, for Respondent. Leroy Connor and Yvonne Austin (collectively Appellants) appeal the circuit court's orders affirming the probate court's disposition of the estate of their mother, Margaret S. Connor (Margaret), arguing the circuit court erred in affirming the sale of Margaret's funeral home business and property, in awarding attorney's fees, in refusing to allow Appellants' collateral attack, and in failing to recognize Appellants' priority of appointment as Margaret's conservators and the personal representatives of her estate.
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Tuesday, September 15, 2009 | |
Courtroom I
(Court convenes at 2:00
p.m.)
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
17070 Carol Samuel Ervin, Appellant, v. Richland Memorial Hospital and Key Risk Management Services, Respondents. Stacey T. Meyer, Stephen B. Samuels, Joseph R. Dasta, and John S. Nichols, all of Columbia, for Appellant. Carmelo Sammataro and Michael Chase, both of Columbia, for Respondents. Carol Ervin appeals from the circuit court's order affirming the decision of the Appellate Panel of the Workers' Compensation Commission, arguing the court erred in failing to find: (1) her injury was a compensable injury by accident within the meaning of the Workers' Compensation Act; and (2) her injury arose out of her employment at the hospital.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
17295 The State, Respondent, v. Gene Tony Cooper, Jr., Appellant. Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General William Edgar Salter, III, of Office of the Attorney General, all of Columbia, and Solicitor Donald Myers, of Lexington, for Respondent. Gene Cooper appeals his convictions for murder, armed robbery, conspiracy to commit armed robbery, and kidnapping, arguing the trial court erred in: (1) denying Cooper's motion to dismiss the charges against him because his constitutional right to a speedy trial was violated; (2) finding Phillip Farmer was an unavailable witness and allowing Farmer's prior testimony to be read into the record because it denied Cooper his constitutional right to confront the witness against him and was prejudicial; and (3) ruling Cooper could be impeached with his 1977 convictionos for housebreaking and grand larceny because the convictions were too remote and were highly prejudicial.
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Tuesday, September 1, 2009 | |
Courtroom II
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
17101 Stella K. Black, Appellant v. Harold Whitney Black, Respondent. Jan Warner, of Columbia, for Appellant. Kermit King, Mary Katherine Sherman,Tina Cundari, and Rebecca West, all of Columbia, for Respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
17026 Brandon Leggett, Respondent v. Bryan J. Smith, Respondent, Kenneth Smith, Mary Elizabeth Hall Smith and New York Central Mutual Fire Insurance Company, Defendants, and New York Mutual Fire Insurance Company, Appellant. Charles V. Leonard, of Myrtle Beach; Jeffrey D. Wait, of Saratoga Springs, NY; and Steven P. Curvin, of Buffalo, NY, for Appellant. Douglas Charles Baxter, of Myrtle Beach, for Respondent Bryan J. Smith. Gene McCain Connell, Jr., of Surfside Beach, for Respondent Brandon Leggett.
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11:45 a.m. Rehearing | (Time Limits: 10 - 10 - 5 ) |
16327 The State, Respondent, v. Jarod Wayne Tapp, Appellant. Timothy Clay Kulp, of Charleston, for Appellant. Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General William Edgar Salter, III, of Office of the Attorney General, all of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
17064 The State, Respondent, v. Eric John Ridel, Appellant. Appellate Defender LaNelle C. DuRant, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Melody J. Brown, of Office of the Attorney General, of Columbia, and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent.
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3:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
17016 Plantation AD, LLC, Appellant, v. Gerald Builders of Conway, Inc., and Jimmy Gerald, Individually, and as President of Gerald Builders of Conway, Inc., Respondents, of whom Gerald Builders of Conway, Inc., is Third-Party Plaintiff, v. Scott Pyle, ABD Development Inc. and Wachovia Securities, Inc., Third-Party Defendants. Natale Fata, of Surfside Beach, for Appellant. Desa Ballard and Stephanie Weissenstein, of West Columbia, and J. Jackson Thomas, of Myrtle Beach, for Respondents.
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Cases to be Submitted Without Oral Argument | |
15650 |
The State, Respondent, v. Michael Smith, Appllant.
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15888 |
The State, Respondent, v. Darian Antway Meggett, Appellant.
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16026 |
In The Matter Of The Care And Treatment Of Jackie Dodson, Appellant.
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16247 |
Jay Walter Tate, Appellant, v. State of South Carolina, Respondent.
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16277 |
The State, Respondent, v. Norman E. Peel, Appellant.
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16279 |
The State, Respondent, v. Amanda Christian Lee, Appellant.
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16285 |
The State, Respondent, v. Jabbar Jomo Straws, Appellant.
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16292 |
The State, Respondent, v. Randy L. Valentine, Appellant.
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16295 |
The State, Respondent, v. Roshod M. Baker, Appellant.
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16306 |
The State, Respondent, v. Telly D. Manning, Appellant.
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16372 |
The State, Respondent, v. Christopher Patton Newell, Appellant.
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16381 |
The State, Respondent, v. Roscoe N. Gatewood, Appellant.
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16382 |
The State, Respondent, v. Donte J. Moody, Appellant.
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16385 |
The State, Respondent, v. Regal L. Bufkin, Appellant.
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16395 |
The State, Respondent, v. Rodney Davis, Appellant.
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16399 |
The State, Respondent, v. Michael Thabiti Barnes, Appellant.
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16400 |
The State, Respondent, v. James Sowells, Appellant.
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16402 |
The State, Respondent, v. Terrance Tompkins, Appellant.
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16404 |
The State, Respondent, v. Jonathon Simpson, Appellant.
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16503 |
The State, Respondent, v. Keith Justin Sager, Appellant.
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16542 |
The State, Respondent, v. Glen Wilson, Appellant.
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16585 |
The State, Respondent, v. Joe Nathan Miller, Appellant.
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16596 |
The State, Respondent, v. Kareem Jabbar Leaphart, Appellant.
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16598 |
The State, Respondent, v. Brenton Ray Williams, Appellant.
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16600 |
The State, Respondent, v. Sylvester Singletary, Appellant.
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16604 |
The State, Respondent, v. Thomas Curtis Hamilton, Appellant.
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16630 |
The State, Respondent, v. Kenthy Hemphill, Appellant.
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16632 |
The State, Respondent, v. Saronta F. Campbell, Appellant.
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16637 |
The State, Respondent, v. Aundrea Shamiea Belton, Appellant.
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16640 |
The State, Respondent, v. Helen Robinson, Appellant.
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16665 |
The State, Respondent, v. Kevin Lamont Franklin, Jr., Appellant.
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16667 |
The State, Respondent, v. Martin Glover, Appellant.
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16686 |
The State, Respondent, v. Danny F. Austin, Appellant.
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16689 |
The State, Respondent, v. Montavious Gaines, Appellant.
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16690 |
The State, Respondent, v. Cheryl Dawn Morton, Appellant.
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16692 |
The State, Respondent, v. Michael Shine, Appellant.
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16693 |
The State, Respondent, v. James E. Mobley, Appellant.
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16699 |
The State, Respondent, v. Johnny Lee Garrett, Appellant.
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16700 |
The State, Respondent, v. Michael Leon Carroll, Appellant.
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16702 |
The State, Respondent, v. Sharrica Q. Earle, Appellant.
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16807 |
The State, Respondent, v. Tommy J. Perkins, Appellant.
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16823 |
The State, Respondent, v. Jerome Aldridge, Appellant.
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16829 |
Alan Deumling, Respondent v. Paiam Etminan as Personal Representative, Appellant.
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16869 |
PF&H INC. d/b/a Servicemaster of Charleston, Respondent v. Jill E. Harriett n/k/a Jill E. Bell, Roger L. Harriett, Billy Lee Harriett, Loretta R. Harriett and Enterprise Bank of South Carolina, Defendants of whom Roger L. Harriett, Billy Lee Harriett, Loretta R. Harriett are the Appellants.
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17004 |
The State, Respondent, v. Matthew John Baesher, Appellant.
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17131 |
The State, Respondent, v. Michael Gibert, Appellant.
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16728 |
Rebecca Price, Respondent, v. Michael D. Turner, Appellant.
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