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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 14, 2010 | |
Courtroom I
(Court convenes at 2:00
p.m.)
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
18336 Charleston County Department of Social Services, Respondent, v. Crystal B., Donnell A., Draper L., and John Doe, representing the unknown biological father or fathers of two minor children, Defendants, of whom Crystal B. is the Appellant. Stephen L. Brown, Russell G. Hines, and Christine K. Toporek, of Charleston, for Appellant. Bonnie T. Brisbane, of North Charleston, for Respondent. Bryan Gilbert Grevey, of Mt. Pleasant, for Guardian ad Litem.
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Wednesday, September 15, 2010 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5) |
17715 William D. Curtis, Respondent, v. Sandra Morris Blake, as Personal Representative of the Estate of Brandon T. Blake, Appellant. Thomas J. Keaveny, II, and Amy Rothschild, of Charleston, for Appellant. Mark A. Tinsley, of Allendale, C. Bradley Hutto, of Orangeburg, and Robert Norris Hill, of Newberry, for Respondent. This is an appeal of a jury verdict in a personal injury action. At issue in this appeal are (1) whether the defendant is entitled to either a new trial absolute or new trial nisi remittitur based on the jury's decision to award the plaintiff a monetary verdict greatly exceeding his ascertainable actual damages, (2) whether the plaintiff's wife should have been excluded as a trial witness because her participation in the trial was disclosed only a week before the hearing, (3) whether the defendant was entitled to a new trial because of the jury's abbreviated deliberations, and (4) whether the trial court should have granted a new trial pursuant to the thirteenth juror doctrine.
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10:15 a.m. | (Time Limits: 10 - 10 - 5) |
17695 The State, Respondent, v. William Conrad Martin, Appellant. Robert T. Williams, Sr. and Benjamin A. Stitely, of Lexington, for Appellant. Senior Assistant Attorney General Harold M. Coombs, Jr., of Office of the Attorney General, of Columbia, for Respondent. In this criminal matter William Conrad Martin appeals his conviction and sentence for felony DUI arguing: (1) the trial court erred in allowing opinion testimony that fell outside the realm of the expert's qualifications, and (2) the trial court erred in denying his motion for a directed verdict.
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11:00 a.m. | (Time Limits: 10 - 10 - 5) |
17708 Douglas E. David, individually and as the President of Island Refuge, Inc., General Partner of Martins Point, LP, and Martins Point, LP, Respondents v. Martins Point Property Owners Association, Inc. and the South Carolina Department of Health and Environmental Control Office of Ocean and Coastal Resource Management, Defendants, of whom Martins Point Property Owners Association, Inc. is the Appellant. G. Trenholm Walker and Francis M. Ervin, of Charleston, for Appellant. Wallace K. Lightsey and Rita Bolt Barker, of Greenville, for Respondents Douglas E. David and Martins Point, LP. Carlisle Roberts, Jr, of Columbia, Elizabeth Applegate Dieck, of North Charleston, and Davis Arjuna Whitfield-Cargile, of North Charleston, for South Carolina Department of Health and Environmental Control, Office of Ocean and Coastel Resource Managment. This appeal arises from a consolidated case in which one plaintiff sought enforcement of a conservation easement and another plaintiff sought enforcement of a deed restriction, both by way of enjoining the appellant from constructing a dock on a parcel of property in Charleston County. At a bench trial, the Circuit Court enforced the deed restriction and enjoined the appellant from constructing the dock. The appellant argues the trial court erred in making findings on the issue of the conservation easement despite that claim being settled before trial, as well as enforcing the deed restriction that was neither reasonable, nor part of a plan of reciprocal covenants.
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
17672 Walterboro Community Hospital, Inc. d/b/a Colleton Medical Center, Appellant v. David E. Meacher, MD, David E. Meacher, MD, PA, and Carolina Health Specialists, PA a/k/a Care First Health Specialists, The South Carolina Medical Malpractice Liability Joint Underwriting Association, Respondents. C. Mitchell Brown, Michael J. Anzelmo, and Monteith P. Todd, of Columbia, for Appellant. Hutson S. Davis, Jr, of Okatie, Andrew Gordon Melling, of Columbia, Weldon R. Johnson, of Columbia, Andrew F. Lindemann, of Columbia, and James Edward Bradley, of West Columbia, for Respondents. In this appeal, Walterboro Community Hospital, Inc., d/b/a Colleton Medical Center (Colleton), contends the circuit court erred in holding that Colleton was not entitled to indemnification for the costs it incurred in defending and settling a malpractice action brought by a third party. Collecton also argues that the circuit court erred in finding against Colleton on its breach of contract claim against CareFirst Health Specialists.
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2:45 p.m. | (Time Limits: 10 - 10 - 5) |
17657 Charles A. Lachenbruch and Normotherm, LLC, a South Carolina Limited Liability Company, Appellants/Respondents, v. Richard I. Barnett, Respondent/Appellant.____________________Charles A. Lachenbruch and Normotherm, LLC, a South Carolina Limited Liability Company, Appellants/Respondents, v. Judy C. Barnett, Defendant, and TranScience, LLC Respondent/Appellant. M. Dawes Cooke, Jr. and K. Michael Barfield, of Charleston, for Appellants/Respondents. J. Edward Bell, III, and Vanessa A. Richardson, of Georgetown, for Respondents/Appellants. Lachenbruch and Normotherm, LLC appeal the trial court's grant of motions for a directed verdict with regard to their claims for fraudulent conveyance, constructive trust, civil conspiracy, piercing the corporate veil, and punitive damages. Lachenbruch and Normotherm, LLC also appeal the denial of their motion for judgment notwithstanding the verdict on their conversion claim. Richard Barnett cross-appeals the trial court's refusal to grant a new trial absolute on grounds of excessive damages and the trial court's refusal to grant a new trial nisi remittitur.
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3:30 p.m. | (Time Limits: 15-15-5) |
17714 Brian E. Thornton and Catherine S. Thornton, on behalf of themselves and all others similarly situated, Appellants/Respondents, v. South Carolina Electric & Gas Corporation (SCE&G), a subsidiary of SCANA Corporation, Respondent/Appellant, John Doe #1, John Doe #2, & John Doe #3, Defendants. William P. Walker, of Lexington, A. Camden Lewis and Peter D. Protopapas, of Columbia, for Appellants/Respondents. Sara P. Spruill, of Columbia, for Respondent-Appellant. The Thorntons appeal the trial court’s order striking their class action allegations and finding that no private right of action exists under the South Carolina Mining Act. SCE&G cross-appeals the trial court’s refusal to grant summary judgment based on the statute of limitations.
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Thursday, September 16, 2010 | |
Courtroom I
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5) |
17709 Leslie M. Long, Respondent, v. Sealed Air Corporation, Employer, Liberty Insurance Corporation, Carrier, Appellants. Jeffrey Scott Jones, of Greenville, for Appellants. Robert Scott Dover, of Pickens, for Respondent. In this workers' compensation case, Appellants, Sealed Air Corporation (Employer) and Liberty Insurance Corporation (Carrier) (collectively Appellants), seek review of the circuit court's ruling that Respondent Leslie Long (Claimant) provided adequate notice to Employer of her spinal injury within the ninety-day deadline set forth in S.C.Code Ann. Section 42-15-20. Appellants argue that substantial evidence supports the finding of the Workers' Compensation Commission that Claimant failed to provide notice to Employer within the deadline. Appellants also argue that the circuit court exceeded the scope of its review by re-weighing the evidence and by making it own findings of fact.
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11:00 a.m. | (Time Limits: 10 - 10 - 5) |
17680 AJG Holdings LLC, Stalvey Holdings LLC, David Croyle, Linda Croyle, Jean C. Abbott, Lynda T. Courtney, Sumter L. Langston, Dian Langston, Carl B. Singleton, Jr., Virginia M. Owens and Stoney Harrelson, Respondents, v. Levon Dunn, Pamela S. Dunn and Helen Sasser, Appellants. Stephen P. Groves, Sr. and Thomas S. Tisdale, Jr., of Columbia, for Appellants. Jack M. Scoville, Jr, of Georgetown, for Respondents. This case concerns the operation of a bed and breakfast in the Woodland Plantation subdivision in Georgetown County by Appellants Levon Dunn and Pamela Dunn (the Dunns). Respondents, AJG Holdings, LLC, and several additional owners of property in the subdivision (Respondents), filed this action against the Dunns and the subdivision's developer, Appellant Helen Sasser (Sasser), to enforce a restrictive covenant prohibiting the use of property for commercial purposes without express written consent from the developer. The Dunns and Sasser filed several counterclaims, and the parties filed cross-motions for summary judgment. The circuit court granted partial summary judgment to Respondents, and the Dunns and Sasser appealed. They argue that Sasser lawfully assigned her developer rights to the Dunns, or, in the alternative, no one had the right to enforce the restrictive covenants absent some new agreement among the subdivision's property owners. The Dunns and Sasser also challenge the grant of summary judgment on several of their counterclaims.
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
17725 In The Interest Of Tracy B., A Juvenile Under The Age Of Seventeen, Appellant. Deputy Chief Appellate Defender for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, and Megan Sara Ehrlich, of Charleston, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, of Office of the Attorney General, of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent. Tracy B. appeals his juvenile conviction for murder. He argues that the family court erred in (1) failing to suppress an inculpatory statement he gave to police and (2) failing to find that he acted in self-defense.
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2:45 p.m. | (Time Limits: 10 - 10 - 5) |
17588 Willie Johnson, William Wooten, Bronsil Metz, Robert Valentine, Johnnie Metz, Barbara Brown, Emogene Carver, Dennis Metz, Curtis Carver, Randall Shirley, Dorothy Smith, Louise McGill, Roy Graham, Furman Manlay, Henry Holley and Annette Holley, Appellants v. Town of Iva, Iva City Council and Mayor Bobby Gentry (in their official capacities) and Anthony Burdette, Respondents. John S. Nichols and Donald Gist, of Columbia, for Appellants. Mary C. McCormac, of Clemson, for Respondent Town of Iva. Willie Johnson and other property owners in the Town of Iva (Appellants) appeal the trial court's order granting summary judgment to the Town of Iva, Iva City Council, and Mayor Bobby Gentry (Respondents). Appellants assert the trial court erred in holding their claims were barred by the Tort Claims Act statute of limitations.
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3:30 p.m. | (Time Limits: 10 - 10 - 5) |
17697 The State, Respondent, v. Wesley Smith, Appellant. Appellate Defender M. Celia Robinson, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Assistant Attorney General Christina Catoe, of Office of the Attorney General, of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent. Wesley Smith was convicted of aiding and abetting homicide by child abuse. On appeal, Smith contends the trial court erred in admitting evidence of prior injury to the child victim, erred in charging the jury as to a subsection of the aiding and abetting statute, erred in restricting cross-examination of a witness, and erred in restricting Smith's presentation of evidence in violation of the Sixth Amendment.
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Tuesday, September 14, 2010 | |
Courtroom II
(Court convenes at 2:00
p.m.)
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
17717 Beaufort County School District, Respondent, v. United National Insurance Company, the South Carolina School Boards Insurance Trust, and the South Carolina School Boards Insurance Trust- Property/Casualty Trust Fund, Appellants. Edward K. Pritchard, III, of Charleston, David M. Dolendi and Catalina J. Sugayan, of Chicago, IL., for Appellant United National Insurance Company. Thomas C. Salane, of Columbia, for SC School Boards Insurance Trust. Frank S. Holleman, David H. Koysza, and J. Theodore Gentry,of Greenville, for Respondent.
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2:45 p.m. | (Time Limits: 10 - 10 - 5) |
16375 The State, Respondent, v. Carl Craine, Appellant. Deputy Chief Attorney Wanda H. Carter, 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 Salley W. Elliott, of Office of the Attorney General, of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Respondent.
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3:30 p.m. | (Time Limits: 10 - 10 - 5) |
17739 Karen Harris, Appellant, v. University of South Carolina, Respondent.________________Eugene Harris, Appellant, v. University of South Carolina, Respondent. James H. Moss, of Beaufort, for Appellants. C. Scott Graber, of Beaufort, for Respondent.
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4:15 p.m. | (Time Limits: 10 - 10 - 5) |
17678 Consignment Sales, LLC, Respondent, v. Tucker Oil Company, Appellant. Wesley D. Few, of Columbia, for Appellant. George R. McElveen, III, of Columbia, for Respondent.
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Wednesday, September 15, 2010 | |
Courtroom II
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5) |
17698 The State, Respondent, v. Waltroric U. Moses, Appellant. Appellate Defender M. Celia Robinson, 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 Salley W. Elliott, Assistant Attorney General Julie M. Thames, of Office of the Attorney General, of Columbia, and Solicitor Robert Mills Ariail, of Greenville, for Respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5) |
17669 South Carolina Department of Law Enforcement Division, Appellant, v. 1-Speedmaster S/N 00218, Respondent. Henry Dargan McMaster, Attorney General, John W. McIntosh, Chief Deputy Attorney General, T. Stephen Lynch, Assistant Deputy Attorney General, and Assistant Attorney General Daniel E. Grigg, of Office of the Attorney General, of Columbia, for Appellant. Wade S. Weatherford, III, of Gaffney, for Respondent.
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11:45 a.m. | (Time Limits: 10 - 10 - 5) |
17673 Robert A. Sanderson, Appellant, v. Delia M. Sanderson, Respondent. Rebecca West, of Lexington, for Appellant. James Wilson Tucker, Jr., of Rock Hill, for Respondent.
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Cases to be Submitted Without Oral Argument | |
17067 |
J.D., Inc. of Hilton Head, d/b/a Hilton Head Glidden, Respondent, v. A-Team Surface Technologies, Inc., Charles A. Studnzia and Stephanie Lamb, Defendants Of Whom Stephanie Lamb is Appellant.
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17151 |
Neeltec Enterprises, Inc. d/b/a Fireworks Supermarket, Appellant, v. Willard Long d/b/a Foxy's Fireworks, and d/b/a Fireworks Superstore, Respondent.
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17341 |
AMCAR Group, Appellant v. Commerce Bank. N.A., Defendant_______________Commerce Bank, N.A.,Third-Party Plaintiff, v. C. Dave Davis, Respondent.
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17368 |
The State, Respondent, v. Tache Franklin, Appellant.
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17439 |
The State, Respondent, v. Benjamin Garrick, Appellant.
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17470 |
The State, Respondent, v. Randy Alan Yonson, Appellant.
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17484 |
Mavis L. McKnight, Respondent, v. Irby Ned Myron Lowder, Appellant.
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17485 |
Antonio Moragne #272546, Appellant, v. South Carolina Department of Corrections, Respondent.
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17517 |
The State, Respondent, v. Clift Grant, III, Appellant.
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17532 |
The State, Respondent, v. Theodore David Wills, Jr., Appellant.
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17542 |
David Westfall,Appellant, v. Stephanie Westfall,Respondent.
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17545 |
J. Scott Kunst, Appellant, v. Mike Parham and Judy Parham, Respondent.
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17624 |
The State, Respondent, v. Joshua Nathan Byrd, Appellant.
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17625 |
The State, Respondent, v. Steven Louis Barnes, Appellant.
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17626 |
The State, Respondent, v. Wilford Gino Ford, Appellant.
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17628 |
The State, Respondent, v. Jose Luis Gutierrez Hernandez, Appellant.
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17629 |
The State, Respondent, v. Kenneth Ray Harris, Appellant.
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17631 |
The State, Respondent, v. Trince Hardy, Appellant.
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17632 |
In The Matter Of The Care And Treatment Of James D. Young, Respondent, v. The State, Appellant.
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17637 |
The State, Respondent, v. Cedric Jovaugh Ford, Appellant.
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17643 |
The State, Respondent, v. Keith Edward Upham, Appellant.
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17647 |
The State, Respondent, v. John Joseph Moore, Appellant.
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17667 |
Carolyn Jackson Mosley, Respondent, v. Rollin Arnold Mosley, Appellant.
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17688 |
The State, Respondent, v. Joseph Charles Haymes, Appellant.
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17689 |
The State, Respondent, v. Kent Clayton, Appellant.
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17696 |
Town of Williamston, Respondent/Appellant, v. Beth Hurley McDaniel, Appellant/Respondent.
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17711 |
Robert J. Lagroon, License No. 3224, Respondent, v. South Carolina Department of Labor, Licensing and Regulation, State Board of Dentistry, Appellant.
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17735 |
The State, Respondent, v. Kevin M. Youngblood, Appellant.
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17770 |
The State, Respondent, v. Reynaldo Gonzalez, Appellant.
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17771 |
The State, Respondent, v. Horace Abney, Jr., Appellant.
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17863 |
The State, Respondent, v. Larry Brent Horton, Appellant.
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17654 |
Kathryn Luchok, Respondent, v. Rebecca Ann Vena, Appellant.
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