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September 2023 |
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.
Monday, September 11, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2020-000232 Charleston Laboratories, Inc., Appellant,
v.
Womble, Carlyle, Sandridge & Rice, LLP, Respondent. Eric Steven Bland, of Bland Richter, LLP, of Columbia; and Ronald L. Richter, Jr. and Scott Michael Mongillo, both of Bland Richter, LLP, of Charleston, all for Appellant. Robert E. Stepp, Benjamin Rogers Gooding, and Jasmine Denise Smith, all of Robinson Gray Stepp & Laffitte, LLC, of Columbia, for Respondent. The circuit court granted a summary judgment in this legal malpractice case on the grounds that the suit was barred by the statute of limitations. Charleston Laboratories, Inc. (the plaintiff below), appeals that decision. |
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11:20 a.m. | (Time Limits: 20-20-10) |
2020-001537 Christopher A. Clampitt, Appellant,
v.
Stacey T. Clampitt, Respondent. David Kellum Allen, of The Allen Law Firm, P.A.; and Micajah Pickett Caskey, IV, of Caskey Law Firm, P.A.; both of West Columbia, for Appellant. Bruce Wyche Bannister and Julie Elizabeth McCool, both of Bannister, Wyatt & Stalvey, LLC, of Greenville, for Respondent. Christopher Clampitt (Husband) appeals the family court's order finding him in contempt of a temporary order and awarding attorney's fees and costs to Stacey Clampitt (Wife). |
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11:20 a.m. | |
2021-000909 Christopher A. Clampitt, Appellant,
v.
Stacey T. Clampitt, Respondent,
v.
CKMN, Inc. Sarah K. Black, and Christopher Jon Clampitt, Third-Party Respondents. Robert Powell Jackman, of Finkel Law Firm LLC, of Columbia; J. Michael Taylor, of Taylor/Potterfield, of Columbia; and David Kellum Allen, of The Allen Law Firm, P.A., of West Columbia, all for Appellant. Bruce Wyche Bannister, Luke Anthony Burke, and Julie Elizabeth McCool, all of Bannister, Wyatt & Stalvey, LLC, of Greenville, for Respondent Stacey T. Clampitt. Micajah Pickett Caskey, IV, of Caskey Law Firm, P.A., of West Columbia, for Respondents Christopher Jon Clampitt, CKMN, Inc., and Sarah K. Black. Christopher Clampitt (Husband) appeals the family court's final order arguing on appeal that the family court erred in (1) its division of the marital assets and debts, (2) failing to award week to week custody of the parties' minor children, and (3) awarding Stacy Clampitt (Wife) $6000 per month in permanent periodic alimony. In addition, Husband argues that because this court should reverse the family court's findings on these issues, we must also reverse the family court's award of attorney's fees to Wife. |
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Tuesday, September 12, 2023 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2020-001075 Jefferson Davis, Jr., Appellant,
v.
Nate Leupp, Automatic, Inc., Facebook, Inc., John Does 1-40, Defendants,
of which Nate Leupp, Facebook, Inc., and John Does 1-40 are Respondents. Jefferson Davis, Jr., pro se, Appellant. Geoffrey Kelly Chambers, of Green Cove Springs, FL, for Respondents. Jefferson Davis, Jr., appeals the circuit court's decision that his case against several defendants was duplicative of a prior similar suit and dismissing the case on that basis. |
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10:40 a.m. | (Time Limits: 15-15-5) |
2022-001812 Catherine Crosby Gandy, Respondent,
v.
John Wilson Gandy, Jr., Appellant. Carolyn R. Hills and Jennifer Darrow Hills, both of Hills & Hills, PC, of Myrtle Beach; and Rebecca Brown West, of Harling & West, LLC, of Lexington, all for Appellant. George M. Hearn, Jr. and Kathleen Wrenn Hearn, both of Hearn & Hearn, PA, of Conway; and Marie-Louise Ramsdale, of Ramsdale Law Firm, of Mount Pleasant, all for Respondent. In this domestic matter, John W. Gandy, Jr. (Father) appeals an order of the family court, arguing the family court erred in (1) awarding Catherine C. Gandy (Mother) primary custody of the parties' children and (2) awarding Mother alimony. |
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Wednesday, September 13, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2020-001204 Wilmington Trust National Association as Successor Trustee to Citibank N.A. as Trustee of Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust II Mortgage Pass-Through Certificates Series 2007-1, Plaintiff,
v.
Temisan Etikerentse a/k/a Temisan L. Etikerentse, Ijeoma Etikerentse a/k/a Ijeoma Etkis, Suntrust Mortgage Inc., Capital Bank Corporation, Bank of America NA, Keybank National Association, and Olde Park Homeowners' Association Inc., Defendants.
AND
Temisan Etikerentse a/k/a Temisan L. Etikerentse, Ijeoma Etikerentse a/k/a Ijeoma Etiks, Appellants,
v.
Specialized Loan Servicing LLC a/k/a SLS, Respondent. Robert Bratton Varnado, of Brown & Varnado, LLC, of Charleston; and Brian Morris Knowles, of Knowles Law Firm, PC, of Charleston, both for Appellants. Blake Terence Williams, of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Respondent. Temisan and Ijeoma Etikerentse appeal the circuit court's order granting summary judgment on their claims for breach of contract, SCUPTA, and declaratory judgment against Specialized Loan Servicing, LLC (SLS) - the loan servicer on their mortgage. They contend the circuit court lacked jurisdiction to grant summary judgment because the Consumer Finance Protection Bureau had entered a consent order with SLS requiring it to take certain actions. They also maintain their claims were properly brought as derivative claims under Rule 14, SCRCP. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2020-001354 Susan Brooks Knott Floyd, Respondent,
v.
Elizabeth Pope Knott Dross, Appellant. John William Fletcher, of Barnwell Whaley Patterson & Helms, LLC, of Charleston; Joshua Steven Whitley, of Smyth Whitley, LLC, of Charleston; and Todd Maurice Hess, of Wesley Chapel, NC, all for Appellant. George Trenholm Walker and Charles P. Summerall, IV, both of Walker Gressette & Linton, LLC, of Charleston, for Respondent. In this declaratory judgment action, Appellant Elizabeth Pope Knott Dross (Betsy) seeks review of the circuit court's order granting partial summary judgment to Respondent Susan Brooks Knott Floyd (Susan). Betsy argues the circuit court erred in concluding that a conservation easement created a right for Susan to use the roads on Betsy's parcel to access Susan's parcel. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2020-000669 Renewable Water Resources, Respondent,
v.
Insurance Reserve Fund, a Division of the State Fiscal Accountability Authority of South Carolina, Appellant. Andrew F. Lindemann, of Lindemann Law Firm, P.A., of Columbia, for Appellant. Rivers Samuel Stilwell, William Stevens Brown, V, and Miles Edward Coleman, all of Nelson Mullins Riley & Scarborough, LLP, of Greenville, for Respondent. In this declaratory judgment action, the Insurance Reserve Fund, a Division of the State Fiscal Accountability Authority of South Carolina (the Fund), appeals an order of the master in equity finding in favor of the insured, Renewable Water Resources (ReWa), and awarding damages. The Fund argues the master erred by (1) finding coverage and making an award for covered loss under the insurance agreement's Building and Personal Property provision; (2) wrongly interpreting and applying government permits and regulations; (3) failing to make specific factual findings of fact and conclusions of law; (4) relying on improperly admitted summary exhibits; (5) failing to consider the policy's per-occurrence deductible; and (6) denying the Fund's new trial motion. |
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Thursday, September 14, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-001090 James L. Carrier, Respondent,
v.
State of South Carolina, Petitioner. Attorney General Alan McCrory Wilson, Senior Assistant Deputy Attorney General William M. Blitch, Jr., and Zachary William Jones, all of Columbia, for Petitioner. Lara Mary Caudy, of Columbia, for Respondent. In this post-conviction relief (PCR) action, the State appeals an order of the PCR court granting James Carrier a new trial on the charge of lewd act upon a child. The State argues that the PCR court erred in concluding that Carrier was entitled to a new trial due to trial counsel's failure to present evidence in support of his motion to quash the indictment because the indictment provided Carrier with sufficient notice of his charge and was facially valid. The State also argues that the PCR court erred in concluding that the incorrect witness name on the indictment constituted a structural error. |
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11:20 a.m. | (Time Limits: 15-15-5) |
2021-001129 Anita and James Chabek, Appellants,
v.
AnMed Health and Larry Davidson, MD, Respondents. Jordan Christopher Calloway, of McGowan Hood Felder & Phillips, of Rock Hill; and Franklin Wright, of McGowan Hood Felder & Phillips, of Greenville, both for Appellants. Fred W. Suggs, III, of Cassidy Coates Price, P.A., of Greenville, for Respondent Larry Davidson. Marian Williams Scalise, of Richardson Plowden & Robinson, PA, of Myrtle Beach; and Carmen Vaughn Ganjehsani, of Richardson Plowden & Robinson, PA, of Columbia, both for Respondent AnMed Health. In this medical malpractice action, Appellants Anita and James Chabek seek review of the circuit court's order granting summary judgment to Respondents AnMed Health and Larry Davidson, MD. Appellants argue the circuit court erred in concluding that Anita's medical negligence claim was barred by the statute of limitations because her injuries were not apparent following surgery and Dr. Davidson assured Anita that her post-operative complications were normal. Appellants also argue the circuit court erred in ruling as a matter of law that Dr. Davidson had no duty to disclose his alcohol abuse relapse in order to obtain informed consent for Anita's surgery because she submitted an expert opinion stating that a reasonable physician would have made such a disclosure. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2021-000683 Thomas Contreras, Employee, Appellant,
v.
St. John's Fire District Commission, Employer, and State Accident Fund, Carrier, Respondents. Stephen Benjamin Samuels, of Samuels Reynolds Law Firm LLC, of Columbia; and Gary Christmas, of Christmas Injury Lawyers, LLC, of Mount Pleasant, both for Appellant. Margaret Mary Urbanic, of Clawson & Staubes, LLC, of Charleston; and Erin Farrell Farthing, of Lexington, both for Respondents. Thomas Contreras appeals an order from the Appellate Panel of the South Carolina Workers' Compensation Commission (the Appellate Panel) awarding him single member disability to the right shoulder. On appeal, Contreras argues the Appellate Panel erred by making a single member disability award when the evidence showed his disability should have been awarded under the loss of earnings capacity statute. |
Tuesday, September 12, 2023 | |
Courtroom II
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11:20 a.m. | (Time Limits: 10-10-5) |
2020-001115 James Rutledge Carson, III, Appellant,
v.
Kirsten Leigh Carson, Respondent. Barrett Wesley Martin, of Barrett W. Martin, P.A., of Rock Hill, for Appellant. Daniel Dominic D'Agostino and Jacqueline N. Davis, both of D'Agostino Law Firm, of York, for Respondent. James Rutledge Carson, III (Husband) appeals the family court's decree of divorce and order approving agreement, which adopted and incorporated a settlement agreement executed by him and Kirsten Leigh Carson (Wife). On appeal, Husband argues the family court lacked jurisdiction to enter an order adjudicating any issues in the case after he voluntarily dismissed the action pursuant to Rule 41(a)(1)(A), SCRCP. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2021-000727 Andrew Davis Desilet, Appellant,
v.
Amanda Leslie Desilet, Respondent. Martin Rast Banks, of St. Matthews, and Larry Conrad Marchant, Jr., of Columbia, both for Appellant. Alicia Staley Higgins, of Burriss & Ridgeway, of Columbia; and Carrie Ann Warner, of Warner Law Firm, LLC, of Columbia, both for Respondent. Andrew Desilet (Husband) appeals a family court order sentencing him to six months' imprisonment for violating a contempt order by directly contacting Amanda Desilet (Wife). On appeal, Husband argues the family court erred because (1) it applied the incorrect burden of proof, (2) the record lacked evidentiary support for its finding, and (3) the method and procedure of the contempt hearing violated his due process rights. |
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Wednesday, September 13, 2023 | |
Courtroom II
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10:40 a.m. | (Time Limits: 10-10-5) |
2020-000757 Doretta McHugh, as Personal Representative of the Estate of Daniel E. Coy, Appellant,
v.
John Doe, Respondent. Daniel Carson Boles, of North Charleston, for Appellant. Michael T. Coulter, of Clarkson, Walsh & Coulter, P.A., of Greenville; and Michelle N. Endemann, of Charleston, both for Respondent. Doretta McHugh, personal representative of the Estate of Daniel Coy, appeals a jury verdict in favor of John Doe, an unidentified driver who left the scene of the accident. McHugh argues the circuit court erred in (1) admitting evidence of Decedent's pre-existing condition, and (2) denying the Estate's motions for a directed verdict and for judgment notwithstanding the verdict. |
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12:00 p.m. | (Time Limits: 15-15-5) |
2021-001353 Scott Hess, Appellant,
v.
South Carolina Criminal Justice Academy, Respondent. Ryan Kyle Hicks, of Cromer Babb Porter & Hicks, LLC, of Columbia, for Appellant. Bradley Joseph Young and James M. Fennell, both of Columbia, for Respondent. Scott Hess appeals an order issued by the Administrative Law Court (ALC) dismissing his petition for judicial review of a final decision of the Law Enforcement Training Counsel of the South Carolina Criminal Justice Academy based on his failure to file and serve a brief within the time allotted by the ALC Rules. |
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Cases to be Submitted Without Oral Argument | |
2021-001094 |
Dadrin J. Johnson, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000946 |
Arthur William Macon, Petitioner,
v.
State of South Carolina, Respondent.
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2022-000764 |
Christopher A. Wylie, Petitioner,
v.
State of South Carolina, Respondent.
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2021-001406 |
Marion Wade Frye, Petitioner,
v.
State of South Carolina, Respondent.
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2020-001426 |
Levern McCrea, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001505 |
Marcus Antonio Nelson, Petitioner,
v.
State of South Carolina, Respondent.
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2021-001415 |
Herman Lee Hughes, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000385 |
Terry Edward McCall, Petitioner,
v.
State of South Carolina, Respondent.
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2022-000254 |
Michael Young, Petitioner,
v.
State of South Carolina, Respondent.
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2022-000295 |
David M. Dixon, Petitioner,
v.
State of South Carolina, Respondent.
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2021-001068 |
Sam Bunch, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000708 |
William H. Blake, III, Petitioner,
v.
State of South Carolina, Respondent.
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2020-001607 |
Larry White, Petitioner,
v.
State of South Carolina, Respondent.
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2021-001264 |
Omar Rick Williams, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000276 |
Trevin Milledge, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001607 |
Rebecca Smoak, Petitioner,
v.
State of South Carolina, Respondent.
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2021-001450 |
Darian S. Hill, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001606 |
John David Sartin, Petitioner,
v.
State of South Carolina, Respondent.
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2022-000180 |
Ronald Ceo, #258464, Appellant,
v.
South Carolina Department of Corrections, Respondent.
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2021-001166 |
Charles Lamb, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000922 |
Bruce M. Richardson, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000445 |
Favian Hayes, Petitioner,
v.
State of South Carolina, Respondent.
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2020-001673 |
Elisa Montgomery Edwards and Emily Cecile Edwards, Respondents,
v.
David C. Bryan, III, Appellant.
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2021-001244 |
Amy Berridge, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000560 |
Sincere J. Owens, Petitioner,
v.
The State of South Carolina, Respondent.
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2021-000950 |
Maurice Anthony Odom, Petitioner,
v.
State of South Carolina, Respondent.
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2022-000978 |
Samuel Jeter, Petitioner.
v.
State of South Carolina, Respondent.
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2019-001378 |
Kenneth Robinson, Petitioner,
v.
State of South Carolina, Respondent.
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2019-000448 |
Jarret Graddick, Petitioner,
v.
State of South Carolina, Respondent.
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2021-001327 |
Anthony Banks, Petitioner,
v.
State of South Carolina, Respondent.
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2021-001015 |
Xavier U. Brannon, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000205 |
H. Dewain Herring, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000761 |
Robert Gentry, Petitioner,
v.
State of South Carolina, Respondent.
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2021-001155 |
Cephas Cowick, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000845 |
Edward Britt, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000654 |
Kenneth Rivera, Petitioner,
v.
State of South Carolina, Respondent.
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2022-000125 |
Ronnie M. Drake, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000104 |
David Keith McElveen, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000887 |
Panteleimon Spirakis, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000626 |
Demarcus L. Robinson, Petitioner,
v.
State of South Carolina, Respondent.
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