Supreme Court Seal
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.
Monday, September 12, 2011
Solomon Blatt Building, Room 108
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
17971   The State, Respondent, v. William Coaxum, Sr., Appellant.

Appellate Defender Elizabeth A. Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Norman Mark Rapoport, of Office of the Attorney General, of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

William Coaxum, Sr. appeals his convictions of armed robbery and possession of a firearm during the commission of a violent crime, arguing the trial court abused its discretion by removing a qualified juror who revealed she was acquainted with a member of Coaxum's family.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18604   North American Rescue Products, Inc., Appellant/Respondent, v. P. J. Richardson, Respondent/Appellant.

Robert L. Widener, of Columbia, and Bernie Wellington Ellis, of Greenville, for Appellant-Respondent. Lane W. Davis, Rivers S. Stilwell, and A. Marvin Quattlebaum, Jr., of Greenville, and C. Mitchell Brown, William C. Wood, Jr., and A. Mattison Bogan, of Columbia, for Respondent-Appellant.

This cross-appeal arises out of North American Rescue Products, Inc. (NARP) and P.J. Richardson's (Richardson) dispute over an option to purchase stock in a corporation. NARP argues the trial court improperly denied its motion for directed verdict. Richardson has cross-appealed to contest NARP's attempt to limit and impose conditions upon the judgment granting specific performance.

 
 11:20 a.m. (Time Limits: 5-5-5)  
18561   Helen Dills-Pittman, Appellant, v. Lowcountry Council of Government, L. Chriswell Bickley, Jr. and Sherry Smith, Defendants, Of Whom L. Chriswell Bickley, Jr., is Respondent.

R. Thayer Rivers, Jr, of Ridgeland, for Appellant. Kathryn Thomas, of Columbia, for Respondent.

Helen Dills-Pittman filed an action for civil conspiracy, negligence, and defamation against Lowcountry Council of Governments (COG), L. Chriswell Bickley, Jr., and Sherry Smith arising from her termination of employment at COG. Dills-Pittman appeals the jury's verdict in favor of Bickley, Jr.

 
 12:00 p.m.           10 minutes for appellant only
18881   Tara Ingram Rabuck and Andrew Rabuck, Appellants, v. Robert Michael Wilomovsky, Respondent. In the interest of a minor child.

John S. Nichols, of Columbia, for Appellants. James Darrell Dotson, of Lake City, for Respondent.

Tara Rabuck (Mother) and Andrew Rabuck (Stepfather) appeal the family court's order declining to terminate Father's rights, arguing the family court erred in: (1) failing to find Father willfully failed to visit Child for a period of six months prior to the entry of the temporary order in 2008; (2) failing to find Father had a diagnosable condition, which he failed to remedy and prevented him from providing minimally acceptable care of Child; (3) failing to find it was in Child's best interest to terminate Father's rights and grant Stepfather's request to adopt Child; and (4) granting Father's counterclaim for regular weekend visitation with Child without requiring his visits be supervised at all times, he undergo regular and random drug testing, and attend counseling sessions.

 
 2:20 p.m. (Time Limits: 10 - 10 - 5)  
18060   Sharon L. Brunson, Appellant, v. American Koyo Bearings, Employer, and Tokio Marine and Fire Ins. Co., Carrier, Respondents

Vernon F. Dunbar, of Greenville, for Appellant. Dewana Flynn Looper, of Columbia, for Respondents.

On appeal to this court, Sharon L. Brunson (Brunson) argues the circuit court incorrectly affirmed the decision of the South Carolina Workers' Compensation Commission (Commission), which denied her compensation for injuries she sustained during her employment. Additionally, Brunson argues the Commission erred in finding her testimony as to her injuries was not credible and erred by ignoring medical test results.

 
Tuesday, September 13, 2011
Solomon Blatt Building, Room 108
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18578   Kevin H. Bragg, Appellant, v. Morgan C. Bragg, Respondent.

H. Michael Spivey, of Greenville, for Appellant. Matthew P. Turner, of Laurens, for Respondent.

Kevin Bragg (Father) appeals the family court's order declining to grant him custody of Child, arguing the family court erred in: (1) leaving custody of Child with Morgan Bragg (Mother); (2) failing to find him to be a fit and proper person to have custody of Child; and (3) alleging hospitalization fifteen years earlier was an issue.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18432   Everett Burris, Respondent, v. Propst Lumber & Logging, Inc., Appellant, and Capital City Insurance, Respondent, and SC Uninsured Employers' Fund, Respondent.

Amy V. Cofield, of Lexington, for Appellant. Ann M. Mickle and Tyler Bathrick, of Rock Hill, for Respondent Burris; Mark D. Cauthen, of Columbia, for Respondent Capital City Insurance Company; and Lisa C. Glover, of Columbia, for Respondent South Carolina Uninsured Employers' Fund.

Appellant Propst Lumber & Logging, Inc. (Employer) challenges an order of the Appellate Panel of the Workers' Compensation Commission concluding that Employer's workers' compensation insurance policy did not cover an injury incurred by Respondent Everett Burris (Employee) due to a lapse in coverage. Employer argues that Respondent Capital City Insurance (Carrier) improperly cancelled the policy for nonpayment of the premium because Employer paid the initial estimated premium in full and because the additional premium billed to Employer was based on an audit not authorized by the policy. Employer also argues that the policy was improperly cancelled because Carrier failed to return the unearned portion of the premium at the time of cancellation.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18555   Yancey Roof, Respondent, v. Kenneth A. Steele, Appellant.

Max Nathan Pickelsimer, of Columbia, for Appellant. Jean Perrin Derrick, of Lexington, for Respondent.

In this action for modification of alimony, Appellant Kenneth Steele challenges the family court's order requiring Appellant to reimburse Respondent Yancey Roof for her monthly health insurance premiums. Appellant argues that the parties' prior agreement anticipated that Appellant's employer might terminate Respondent's coverage through Appellant's group policy and, therefore, Respondent failed to show an unanticipated material or substantial change in circumstances warranting a modification of alimony.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18601   Fariborz Z. Babaee and Milihe Babaee, Appellants/Respondents, v. Moisture Warranty Corporation d/b/a Moisture Free Warranty; and Preferred Home Inspections, Inc, Defendants, Of Whom Moisture Warranty Corporation d/b/a Moisture Free Warranty is the Respondent/Appellant.

Robert B. Phillips, of Columbia, for Appellants-Respondents. Charles G. Blackburn, of Columbia, and C. Mitchell Brown, Thomas William McGee, III, and A. Mattison Bogan, of Columbia, for Respondent-Appellant.

In this breach of warranty case, Appellants/Respondents Fariborz Babaee and Malihe Babaee (the Babaees) seek review of the circuit court's order granting a new trial nisi remittitur to Respondent/Appellant Moisture Warranty Corporation (Moisture Warranty). The Babaees argue that the circuit court erred in reducing the jury's verdict from $140,000 to $20,000 based on warranty terms to which they did not agree. In its cross-appeal, Moisture Warranty argues that the circuit court erred in denying its motions for a directed verdict and judgment notwithstanding the verdict because the only reasonable inferences from the evidence showed that the Babaees refused Moisture Warranty's repair attempts and that Moisture Warranty tendered $2,500 to the Babaees according to the terms of the warranty.

 
 12:40 p.m. (Time Limits: 10 - 10 - 5)  
18586   Freddie Bartley as Personal Representative of the Estate of Rachel Bartley, Appellant, v. Ford Motor Company, Respondent.

D. Mike Kelly and Brad D. Hewett, of Columbia, and R. Graham Esdale, Jr., and J. Cole Portis, of Montgomery, AL, for Appellant. J. Kenneth Carter, Jr., of Columbia, and William J. Conroy, of Philadelphia, PA, for Respondent.

On appeal, Freddie Bartley, as personal representative of the estate of Rachel Bartley, asserts the trial judge abused his discretion by dismissing a sworn juror for allegedly sleeping during trial without conducting a probing and tactful inquiry of the juror. Mr. Bartley further asserts the trial judge's improper dismissal of the juror prejudiced his case.

 
 2:20 p.m. (Time Limits: 10 - 10 - 5)  
18978   South Carolina Department of Social Services, Respondent, v. P.A. and T. A., Defendants, Of whom, T. A. is the Appellant. In the Interest of three minor children under the age of 18. Richard Roe and Mary Roe, Intervenors.

Sally A. Carver-Young, of Rock Hill, for Appellant. Angela Michelle Killian, of Lancaster, for Respondent. Coreen B. Khoury, of Lancaster, for Guardian Ad Litem.

Appellant, Mother, seeks review of a family court order approving a plan of the South Carolina Department of Social Services (DSS) to file a petition for termination of Mother's parental rights and adoption of Mother's children. Mother argues that the family court erred in finding that it was not in the children's best interests to be reunited with Mother. Mother also argues that the family court erred in finding that the children were subject to S.C. Code Ann. § 63-7-1710(A), which requires DSS to file a petition for termination of parental rights if certain circumstances are present.

 
 3:00 p.m. (Time Limits: 10 - 10 - 5)  
18152   Rawlinson Road Homeowners Association, Inc., Appellant, v. Ronald D. Jackson, and PHH Mortgage Corporation as successor in interest to Coldwell Banker Mortgage, Defendants, of whom, Ronald D. Jackson is the Respondent.

D. Ryan McCabe, Diana Coada, and Brian C. Gambrell, of Columbia, for Appellant. Thomas B. Roper, of Rock Hill, for Respondent.

The Rawlinson Road Homeowners Association appeals from the master-in-equity's order granting Ronald D. Jackson's motion for summary judgment and denying the Association's request for injunctive relief.

 
 3:40 p.m. (Time Limits: 10 - 10 - 5)  
18974   Donald Newton, Jean Flagg-Newton and James C. Hudson, Plaintiffs, Of whom Donald Newton and Jean Flagg-Newton are, Appellants, v. Zoning Board of Appeals for Beaufort County, Respondent.

Arthur C. McFarland and Veronica G. Small, of Charleston, for Appellants. Robert W. Achurch, III, and Jason Franklin Ward, of Beaufort, for Respondent.

The Zoning Board of Appeals for Beaufort County (Board) issued a special use permit for additional construction on the site of an existing convenience center (the DOC) on Daufuskie Island, and the master-in-equity affirmed issuance of the permit. The Newtons appeal, arguing the master erred in finding: (1) a Community Impact Statement (CIS) was not required; (2) the Beaufort County ordinance governing convenience centers does not apply to uses within the Daufuskie Community Preservation District; (3) the Board knew the impact of the existing DOC and, therefore, did not need to consider a CIS; and (4) section 106-552 controlled the consideration for approval of the special use permit in this case.

 
Wednesday, September 14, 2011
Solomon Blatt Building, Room 108
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18161   Jerry C. Pryor, Appellant, v. William Portnoy and Charleston Aluminum, LLC, Respondents.

D. Reece Williams, III, of Columbia, and Ammon Tice Lesher, of Greenville, for Appellant. R. Geoffrey Levy, of Columbia, for Respondent William Portnoy. Clay Robinson, of Columbia, for Respondent Charleston Aluminum, LLC.

Jerry Pryor appeals the trial court's order granting summary judgment to William Portnoy and Charleston Aluminum, LLC, in which the court held Pryor's claims were barred by the statute of limitations.

 
 10:40 a.m.           10 minutes for appellant only (Time Limits: 10)  
18602   Creative Communication Services, Inc., Appellant, v. Travelers Property Casualty Company of America and PAD Able, Inc. d/b/a Harold R. Beard Agency, Defendants, Of Whom PAD Able, Inc. d/b/a Harold R. Beard Agency is the Respondent.

Richard C. Detwiler and Ian D. McVey, of Columbia, for Appellant.

Creative Communication Services (CCS) argues the trial court erred in applying the doctrine of mitigation of damages in favor of a defaulting defendant. CCS asserts the doctrine is an affirmative defense, which must be pleaded.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18153   Tyrone Oldyn, Appellant, v. Temps Unlimited of Myrtle Beach and Travelers Property Casualty Co. of America, Respondents.

David Dusty Rhoades, of Charleston, and Cynthia Barrier Patterson, of Columbia, for Appellant. Kathryn Rose Fiehrer, of Charleston, for Respondents.

In this workers' compensation case, Tyrone Oldyn argues the Appellate Panel of the South Carolina Workers' Compensation Commission erred in finding he was not entitled to workers' compensation benefits after he fainted and hit his head while working on a construction site.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18573   Alice Ball Fitzwater, Appellant, v. Lloyd A. Fitzwater, Respondent.

Melvin Dean Bannister, of Columbia, for Appellant. James H. Lucas, of Hartsville, and John S. Nichols and Blake A. Hewitt, of Columbia, for Respondent.

In this domestic action, Alice Fitzwater (Wife) contends the family court erred in (1) failing to find Lloyd Fitzwater’s (Husband) Antioch Church Road property was transmuted into marital property, (2) valuing Husband’s Megan retirement fund at $8,224, (3) granting a 60-40% division of the marital properties in favor of Husband, (4) granting a special equity in the Hill Billy Way property to Husband, and (5) requiring Wife to contribute to Husband’s attorney’s fees and costs.

 
 2:20 p.m. (Time Limits: 10 - 10 - 5)  
18558   The Nutt Corporation, d/b/a TNC Engineering, Respondent, v. Howell Road, LLC, Appellant.

James A. Blair, III and Manton M. Grier, Jr., of Columbia, for Appellant. Kirsten E. Small, of Greenville, for Appellant. Shane William Rogers, of Spartanburg, for Respondent.

Appellant Howell Road, LLC (Howell Road) appeals from an order awarding Respondent The Nutt Corporation d/b/a TNC Engineering (the Nutt Corporation) an equitable lien after a nonjury trial. Howell Road claims the trial court erred in granting the equitable lien where the Nutt Corporation had an adequate remedy at law, in failing to apply the statute of limitations, and in denying Howell Road's motion to amend its pleading to include a laches defense.

 
 3:00 p.m. (Time Limits: 10 - 10 - 5)  
18633   Betty J. Murphy, Respondent, v. Bi-Lo, Inc., and MAC Risk Management, Appellants.

Michael W. Burkett and Sarah S. Alphin, of Columbia, for Appellants. John C. Land, III and Ricci Land Welch, of Manning, for Respondent.

In this workers' compensation appeal, Appellants Bi-Lo, Inc. and MAC Risk Management appeal from the award of lifetime benefits to Respondent Betty Murphy. Appellants argue the Commission erred in granting Murphy's motion to amend her Form 50, in selecting a date of accident not contained in Murphy's pleadings, in finding Murphy sustained an injury by accident arising out of her employment, and in finding Murphy totally disabled by combining her right leg injury with preexisting impairments.

 
Thursday, September 15, 2011
Solomon Blatt Building, Room 108
(Court convenes at 9:00 a.m.)
 9:00 a.m. (Time Limits: 10 - 10 - 5)  
18816   The State, Respondent, v. Jerome Chisholm, Appellant.

Appellate Defender Robert Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold M. Coombs, Jr, of Office of the Attorney General, of Columbia, for Respondent.

In this criminal matter, Jerome Chisholm appeals his conviction of CSC with a minor in the first degree asserting (1) the State lacked probable cause to obtain oral swabs from him for DNA comparison, (2) the trial judge erred in failing to exclude HIV test results when no chain of custody was established, (3) the trial judge erred in failing to exclude HIV test results because the probative value was substantially outweighed by the danger of unfair prejudice, and (4) the trial judge erred in overruling defense counsel's motion for a mistrial after the admission of hearsay testimony from the child victim's treating doctor that the child told her Chisholm "did something bad."

 
 9:40 a.m. (Time Limits: 10 - 10 - 5)  
18388   Julie G. Landry, Appellant, v. Carolinas Healthcare Systems, Self-Insured Employer, Respondent.

Richard C. Detwiler, of Columbia, for Appellant. Edwin Pruitt Martin, Jr, of Columbia, for Respondent.

In this workers' compensation case, Julie Landry appeals the circuit court's affirmation of the Appellate Panel of the South Carolina Workers' Compensation Commission's finding that she did not suffer an injury by accident arising out of and in the course of her employment because the worsening of her pre-existing foot condition was not an unexpected occurrence.

 
 10:20 a.m. (Time Limits: 10 - 10 - 5)  
18180   Narda Ray Hentges, Respondent/Appellant, v. Thomas J. Hentges, Appellant/Respondent.

Jack D. Cordray, of Charleston, for Appellant/Respondent. Margaret D. Fabri, of Charleston, for Respondent/Appellant.

Appellant/Respondent Thomas J. Hentges (Husband) appeals from two orders of the family court interpreting and enforcing the parties' court-approved marital separation agreement. Husband argues the family court erred in holding him in willful contempt, in ordering him to pay Respondent/Appellant Narda Ray Hentges's (Wife's) attorney's fees, and in granting Wife's motion to compel enforcement of the judgment. On cross-appeal, Wife argues the family court erred in allowing Husband credits for certain monies paid and in only awarding a portion of her attorney's fees.

 
 11:00 a.m. (Time Limits: 10 - 10 - 5)  
18646   Cynthia A. Tompkins, Appellant, v. South Carolina Employment Security Commission and Self Regional Health Care, Respondents.

James Adam Russell, of Greenwood, for Appellant. Harold W. Funderburk, Jr, of Columbia, for Respondent S.C. Employment Security Commission. Jennifer K. Dunlap, of Charleston, for Respondent Self Regional Health Care.

In this action for unemployment insurance benefits, Cynthia Tompkins argues the circuit court erred in finding substantial evidence supported the South Carolina Employment Security Commission's (Commission) finding that Tompkins was discharged from her employment with Self Regional Healthcare for cause. In the alternative, if the Commission's findings of fact were supported by substantial evidence, Tompkins argues the trial court erred in affirming the Commission's holding that Tompkins was discharged with cause, disqualifying her from receiving unemployment benefits.

 
 11:40 a.m. (Time Limits: 10 - 10 - 5)  
18569   June T. Fuller, Appellant, v. James T. Fuller, Respondent.

Kirby Rakes Mitchell, of Greenville, for Appellant. Bruce Wyche Bannister, of Greenville, for Respondent.

In this domestic relations matter, June T. Fuller appeals the decision of the family court judge reducing the monthly alimony obligation of James T. Fuller from $1,200 to $250, asserting the family court erred in (1) focusing only on Husband's age in considering Husband's request to reduce alimony, (2) excluding relevant evidence, and (3) repeatedly mischaracterizing the issue as one of whether Husband would be required to return, or go, to work.

 
Tuesday, September 13, 2011
Solomon Blatt Building Room 110
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18652   Stevens & Wilkinson of South Carolina, Inc., Respondent, v. City of Columbia, South Carolina, Appellant.

Michael W. Tighe, Richard C. Detwiler, D. Reece Williams, III, and Kathleeen M. McDaniel, of Columbia, for Appellant. Richard A. Harpootlian and Graham L. Newman, of Columbia, for Respondent.

The trial court granted the plaintiff's motion for summary judgment, ruling that a Columbia City Council vote to authorize a payment for architectural services constituted a contract. The City of Columbia appeals arguing the vote constituted a counteroffer and that its arguments as to the terms of the alleged contract are preserved.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18741   Stevens & Wilkinson of South Carolina, Inc., Gary Realty Company Inc., and Garfield Traub Development, LLC, and Turner Construction Company, Plaintiffs, Of whom Stevens & Wilkinson of South Carolina, Inc. is the Appellant, v. Paul C. "Bo" Aughtry III, Windsor/Aughtry Co., Vista Hotel Partners LLC, Hilton Hotels Corporation, and the City of Columbia, Defendants, Of whom the City of Columbia is the Respondent.

Richard A. Harpootlian and Graham L. Newman, of Columbia, for Appellant. Michael W. Tighe, D. Reece Williams, III, Richard C. Detwiler, and Kathleen McDaniel, of Columbia, for Respondent.

In this civil case, the parties dispute whether a Memorandum of Understanding regarding the development of a hotel constitutes a contract. Stevens & Wilkinson appeals the trial court's summary judgment rulings in favor of the defendant that the Memorandum does not constitute a contract and that the evidence does not give rise to a claim of promissory estoppel.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18937   Stevens and Wilkinson of South Carolina, Inc., Gary Realty Company Inc., and Garfield Traub Development, LLC, and Turner Construction Company, Plaintiffs, Of Whom Gary Realty Company Inc., and Garfield Traub Development, LLC are Appellants, v. Paul C. "Bo" Aughtry,III, Windsor/Aughtry Co., Inc., Vista Hotel Partners LLC, Hilton Hotels Corporation, and the City of Columbia, Defendants,Of Whom the City of Columbia is Respondent.

Kenneth M. Suggs and Francis M. Hinson, IV, of Columbia, for Appellants. D.Reece Williams,III, Kathleen McDaniel, and Richard Detwiler, of Columbia, for Respondent.

In this civil case, the parties dispute whether a Memorandum of Understanding regarding the development of a hotel constitutes a contract. Gary Realty and Garfield Traub appeal the trial court's summary judgment rulings in favor of the defendant that the Memorandum does not constitute a contract and that the quantum meruit cause of action failed because the plaintiffs did not confer a benefit upon the City.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18591   Gary Realty Company, Inc. and Garfield Traub Development, LLC, Appellants, v. Paul C. "Bo" Aughtry, III, Windsor/Aughtry Co., Inc., Vista Hotel Partners, LLC and Hilton Hotels, Corporation, Defendants, Of Whom Hilton Hotels Corporation is the Respondent.

Kenneth M. Suggs and Francis M. Hinson, IV, of Columbia, for Appellants. Robert W. Foster, Jr., Elizabeth Campbell, and Jay T. Thompson, of Columbia, for Respondent.

In this civil case, the parties dispute whether a Memorandum of Understanding regarding the development of a hotel constitutes a contract and whether the parties had an oral contract of exclusivity. Gary Realty and Garfield Traub appeal the trial court's order granting summary judgment to the defendant as to both issues and dismissing the causes of action for breach of contract and breach of contract accompanied by a fraudulent act.

 
 2:20 p.m. (Time Limits: 10 - 10 - 5)  
18938   Stevens and Wilkinson of South Carolina, Inc., Gary Realty Company Inc., and Garfield Traub Development, LLC, and Turner Construction Company, Plaintiffs, Of Whom Gary Realty Company Inc., and Garfield Traub Development, LLC are, Appellants, v. Paul C. "Bo" Aughtry,III, Windsor/Aughtry Co., Inc., Vista Hotel Partners LLC, Hilton Hotels Corporation, and the City of Columbia, Defendants, Of Whom Paul C. "Bo" Aughtry III, Windsor/Aughtry Co., Inc., and Vista Hotel Partners LLC are Respondents.

Kenneth M. Suggs and Francis M. Hinson, IV, of Columbia, for Appellants. Tobias Gavin Ward, Jr.,and J. Derrick Jackson, of Columbia, and James L. Paul, of Atlanta, GA, for Respondents.

In this civil case, the parties dispute whether a Memorandum of Understanding regarding the development of a hotel constitutes a contract. Gary Realty and Garfield Traub appeal the trial court's summary judgment ruling in favor of the defendants that the Memorandum does not constitute a contract and that their cause of action for interference with prospective contractual relations fails for lack of evidence that the defendants intentionally interfered for an improper purpose or by improper methods.

 
 3:00 p.m. (Time Limits: 10 - 10 - 5)  
18376   The State, Appellant, v. Justin Elwell, Respondent.

Solicitor Jason P. Davis, of Chester, and Douglas A. Barfield, Jr., of Lancaster, for Appellant. Michael Langford Brown, Jr., of Rock Hill, for Respondent.

In this criminal case, the State appeals a dismissal of charges against Justin Elwell for driving under the influence of alcohol (DUI), second offense. The State argues the trial court erred in holding the State violated section 56-5-2953 of the South Carolina Code by turning off the breath test videotape after Elwell refused to take the test and before the expiration of twenty minutes.

 
 3:40 p.m. (Time Limits: 10 - 10 - 5)  
18421   Heath Hill, Appellant, v. South Carolina Department of Health and Environmental Control and South Carolina Electric & Gas Company, Respondents.

James Emerson Smith, Jr., of Columbia, and Robert Guild, of Columbia, for Appellant. Stephen Philip Hightower, of Columbia, for Respondent S. C. Dept. of Health & Environmental Control. Elizabeth B. Partlow, of Columbia, John Marion S. Hoefer, of Columbia, and Francis G. Delleney, Jr, of Chester, for Respondent South Carolina Electric & Gas Company.

Heath Hill appeals a decision from the Administrative Law Court (ALC) approving permits granted by the South Carolina Department of Health and Environmental Control (DHEC) to the South Carolina Electric & Gas Company (SCE&G) for an industrial solid waste landfill and a National Pollutant Discharge Elimination System. Hill argues the ALC gave inadequate attention to (1) the effect of a 2001 "Mixing Zone" consent agreement between DHEC and SCE&G, (2) the potential violation of water quality standards in the Wateree River from seeps of groundwater from the Wateree River bank, and (3) pollution from SCE&G's landfill "leachate" liquid. In addition to the issues Hill has presented, the court will consider a motion by SCE&G to dismiss Hill's appeal as moot.

 
Wednesday, September 14, 2011
Solomon Blatt Building Room 110
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18627   The State, Respondent, v. Rebekah Rogers, Appellant.

Patrick James McLaughlin, of Florence, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold Coombs, of Office of the Attorney General, of Columbia, for Respondent.

Rebekah Rogers appeals her conviction for shoplifting, arguing (1) the municipal court did not have jurisdiction to hear the matter and (2) the statute conferring jurisdiction on magistrate and municipal courts to hear cases upon the issuance of a uniform traffic ticket is unconstitutional.

 
Wednesday, September 14, 2011
Solomon Blatt Building Room 110
(Court convenes at 10:40 a.m.)
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18547   Isidro Osvando Sanchez, Employee, Respondent, v. Cold Creek Nurseries, Inc., Employer, and Accident Insurance Company, Inc., Carrier, and The S. C. Workers' Compensation Uninsured Employer's Fund, Defendants, Of whom Cold Creek Nurseries, Inc., Employer,and The S. C. Workers' Compensation Uninsured Employer's Fund, are Respondents, and Accident Insurance Company, Inc. is the Appellant.

Clarke W. McCants, III, of Aiken, for Appellant. Mark Reagan Calhoun, of Lexington, for Respondent Isidro Sanchez. Patrick M. Teague, of Columbia, for Respondent Cold Creek Nurseries, Inc. Amy V. Cofield, of Lexington, for Respondent SC Unisured Employers' Fund

In this case brought pursuant to the Workers' Compensation Act, Accident Insurance Company, Inc. (Carrier) appeals a circuit court decision awarding benefits to Isidro Osvando Sanchez. Carrier argues the circuit court erred in (1) affirming the decision of the Appellate Panel of the Workers' Compensation Commission (the Appellate Panel) that Sanchez's injuries arose out of and in the course of his employment and (2) reversing the Appellate Panel's finding Carrier's workers' compensation insurance policy did not cover the accident.

 
Wednesday, September 14, 2011
Solomon Blatt Building Room 110
(Court convenes at 11:20 a.m.)
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
17040   The State, Respondent, v. Johnny Mahaffey, Appellant.

Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Melody Brown, of Office of the Attorney General, of Columbia, for Respondent.

Johnny Mahaffey appeals his murder conviction arguing the trial court erred in (1) not permitting re-cross examination of the medical examiner regarding his statement that this was not a case of self-defense, (2) allowing the State to use demonstrative evidence containing the victim's driver's license photograph, and (3) denying Mahaffey's motion for mistrial after the victim's mother held a picture of the victim to her chest and repeatedly coughed during the closing arguments and/or jury charge.

 
Wednesday, September 14, 2011
Solomon Blatt Building Room 110
(Court convenes at 12:00 p.m.)
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18271   Harry M. Snipes, Appellant, v. Tammy R. Snipes, Respondent.

James D. Mosteller III, of Barnwell, for Appellant. Mark John Devine, of Aiken, for Respondent.

Husband appeals several rulings of the family court in this divorce action. He contends the trial court erred in granting Wife's petition on the grounds of habitual drunkenness related to Husband's use of prescription narcotics. Husband also contends the family court erred in denying his motion for a continuance and in not employing the statutory factors to effect equitable division.

 
Wednesday, September 14, 2011
Solomon Blatt Building Room 110
(Court convenes at 2:20 p.m.)
 2:20 p.m. (Time Limits: 10 - 10 - 5)  
18631   James Pugh, Appellant, v. Piedmont Mechanical and Zurich Insurance, Respondents.

Emmette J. Saleeby, of Spartanburg, for Appellant. Errol A. Y. Hodges and Amanda L. C. Bradley, of Columbia, for Respondents.

James Pugh appeals his consolidated workers' compensation case arising from his request for medical treatment for two injuries to his knee. He contends the South Carolina Workers' Compensation Commission erred by failing fairly and justly determine his average weekly wage and in failing to find that exceptional circumstances existed which would make it unfair to calculate his average weekly wage for his 2007 injury based on a seventeen week period. Pugh also contends the Commission erred by failing to award temporary total disability benefits following his second injury.

 
Wednesday, September 14, 2011
Solomon Blatt Building Room 110
(Court convenes at 3:00 p.m.)
 3:00 p.m. (Time Limits: 10 - 10 - 5)  
18323   The State, Respondent, v. Vashaun Ravenel, Appellant.

Deputy Chief Appellate Defender Wanda Carter, of South Carolina Commission on Appellate Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Harold Coombs, of Office of the Attorney General, of Columbia, for Respondent.

Vashaun Ravenel appeals his conviction for attempted armed robbery, arguing the circuit court erred in denying his motion for a directed verdict because the State failed to present sufficient evidence he intended to rob his victim.

 
 
Cases to be Submitted Without Oral Argument
18000    Steven D. McKenzie, Appellant, v. Mittal Steel USA Georgetown, Employer, Insurance Company of the State of PA, Carrier, Respondents.

18175    William T. Jervey, Jr., Employee, Respondent, v. Martint Environmental, Inc., Employer, and General Casualty Insurance Company,Carrier, Appellants.

18191    2008-CP-23-09610, 2008-CP-23-09159, 2008-CP-23-09658, 2008-CP-23-09512, 2008-CP-23-07852, 2008-CP-23-09603, 2008-CP-23-09602, 2008-CP-23-09632, 2008-CP-23-09633, 2008-CP-23-09634, 2008-CP-23-09497, 2008-CP-23-09598, 2008-CP-23-09646, 2008-CP-23-09618, 2008-CP-23-09631, 2008-CP-23-09511, 2008-CP-23-09168, 2008-CP-23-09620, 2008-CP-23-09327, 2008-CP-23-09611, 2008-CP-23-09642,_________________________Channel Group, LLC, Appellant, v. Teresa A. Abbott, Patricia H. Brady, Phillip R. Brady, Bobby L. Coggins, Marquerite A. Chambers, Ramon A. Devia, Eunice Davis, Patricia P. Fuller, Kenneth J. Ferace, Carmellar L. Hall, Kimberly D. Ivester, Maril B. McConnell, Timothy A. McGee, Eula Teresa Powe, Calvin E. Raines, Kelly J. Sanders, Diane J. Smith, Timothy A. Wieczorek, Carol Worthy, Respondents. 2008-CP-23-09617, 2008-CP-23-09605, 2008-CP-23-09651, 2008-CP-23-09609, 2008-CP-23-05892, 2008-CP-23-09647, 2008-CP-23-09494, 2008-CP-23-05642, 2008-CP-23-09519__________________________BullHead Investments, LLC, Appellant, v. Leandro A. and Jenny Blum, Sonya D. Briggs, Kimberly A. Bordes, Henry T. Cheeks, Joseph J. Dougherty, Garry W. Ferrell, Steven S. Killian, JoAnne Moore, Howard J, Wood, Respondents.

18215    The State, Respondent, v. Joey Ellis, Appellant.

18245    The State, Respondent, v. Michael Kelly, Appellant.

18248    The State, Respondent, v. Phillip F. Watts, Jr., Appellant.

18257    South Carolina Department of Social Services, Respondent, v. Charles A. Welch, Appellant.

18273    Jason Roy Peek, Employee, Appellant, v. South Carolina Electric & Gas, Self-Insured Employer, Respondent.

18288    The State, Respondent, v. James E. Bledsoe, Appellant.

18291    Bobby Whitaker, Employee, Respondent/Appellant, v. Overnight Transportation, Self-Insured Employer, Appellant/Respondent.

18292    Joel Greene, Appellant, v. Cherokee County School District, Respondent.

18295    Greenville Airport Commission, Respondent,v. Gregory Bruns, Appellant

18304    Jeromy Chisolm, Appellant, v. South Carolina Department of Corrections, Respondent.

18306    Capital City Insurance Company, Appellant, v. South Carolina Second Injury Fund, Respondent, [In Re: James Endicott, Claimant, v. Blue Ridge Log Cabins,Appellant.]

18324    The State, Respondent, v. Terrance D. Johnson, Appellant.

18328    The State, Respondent, v. Jerry L. Ward, Appellant.

18330    The State, Respondent, v. Lindy Jones, Appellant.

18334    William McKinnedy, Appellant, v. South Carolina Department of Corrections, Respondent.

18361    The State, Respondent, v. Aljaquon Drake, Appellant.

18384    Francis A. Salerno, Appellant, v. Nell Inman, Personally, as Personal Representative of the Estate of Harry W. Wilbur and as Trustee, and Fonza Alberta Wiggins, Respondents.

18442    The State, Respondent, v. James Arthur Norton, Appellant.

18473    The State, Respondent, v. Carmichael Trevon Flowers, Appellant.

18508    The State, Respondent, v. Cory Prioleau, Appellant.

18613    The State, Respondent, v. Keion Griffin, Appellant.

18614    The State, Respondent, v. Frederick Jeter, Appellant.

18659    The State, Respondent, v. Peter Leslie McKee, Appellant.

18695    The State, Respondent, v. James Wesley Boone, Appellant.

18811    Willie D. Reaves, Respondent, v. Franklin C. Reaves, Appellant.

19112    South Carolina Department of Social Services, Respondent, v. Jacqueline Cruz, James Harris, Martin Cruz, Defendants, Of whom, James Harris is the Appellant. In the interest of a minor child under the age of 18 years.