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.
Tuesday, October 11, 2005
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
13640   Chris A. Spivey, by his Appointed Guardian ad Litem Jerry Spivey, Appellant/Respondent v. Carolina Crawler, Employer, and Travelers Property & Casualty Company, Carrier, Respondents/Appellants.

David T. Pearlman and J. Kevin Holmes, of Charleston, for Appellant/Respondent. Tommy Evans Jr, of Columbia; M. Dawes Cooke, Jr. and Andrea Brisbin, of Charleston; and Byron P. Roberts, of Columbia, for Respondents/Appellants.

In this worker's compensation action, issues arise relating to whether the circuit court or the Workers' Compensation Commission has jurisdiction to set aside a previously approved clincher agreement.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
13766   John E. Cooke and Barbara Cooke, Respondents v. Palmetto Health Alliance d/b/a Palmetto Richland Memorial Hospital, and Latisha C. Corley, Appellants.

Charles E. Carpenter, Jr., George C. Beighley, S. Elizabeth Brosnan, and Drew Hamilton Butler, of Columbia, for Appellants. Robert B. Ransom and John S. Nichols, of Columbia, for Respondents.

In this premises liability case, Palmetto Health Alliance appeals an order from the trial court, which found that the plaintiffs' action was not barred by the exclusive remedy of the Workers' Compensation Act.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
13790   Responsible Economic Development, Carolyn JeBaily, Peggy Brown, Rachell Hyman, Walter Sallenger, Its Members and Directors, Appellants v. The Florence Consolidated Municipal Planning Commission, City of Florence, South Carolina, Hewitt Land Company, Inc, Trinity Evangelical Presbyterian Church, Inc., Wal-Mart Stores East, LP, and R.Jerry Hewitt, Respondents.

John J. Pringle, Jr. and John F. Beach, of Columbia, for Appellants. Charlie James Blake, Jr., of Florence; D. Laurence McIntosh, of Florence; John Jay James, II, of Darlington; Frances Cantwell and William B. Regan, of Charleston; and James Dunbar Myrick,of Charleston, for Respondents.

This is a challenge to the rezoning of properties and approval of a new retail superstore. The case presents the issues of whether the local planning commission complied with the comprehensive plan in rezoning the properties and approving the plan, and whether the adjoining landowners had adequate notice of the zoning changes.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
13622   The State, Respondent v. Kelvin R. Williams,Appellant.

Assistant Appellate Defender Aileen P. Clare, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General W. Rutledge Martin, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent.

Asks whether defendant has the right to resist what he characterizes as excessive force employed by a law enforcement officer who is lawfully placing defendant under arrest.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
13788   Charles E. Gordon, as Personal Representative of the Estate of Clara Gordon Burch, Appellant v. Jacqueline F. Busbee, Individually and as Personal Representative of the Estate of George E. Burch; Dennis E. Burch; and Laurie E. Burch, Respondents. In the matter of: The Estate of Clara Gordon Burch.

Adele Jeffords Pope, of Columbia, and Thomas H. Pope, III, of Newberry, for Appellant. B. Michael Brackett, of Columbia; Carlos W. Gibbons, Jr., of Columbia; and Deborah Harrison Sheffield, of Columbia, for Respondents.

This case present the issue of whether a specific form must be filed with the probate court, or whether the filing of a complaint containing all the information that would otherwise be contained in the form is sufficient.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
13753   Southern Glass & Plastics Co., Respondent, v. Angela Duke, Appellant.

Manton M. Grier, Jr., Victoria L. Eslinger, and Susan B. Lipscomb of Columbia, for Appellant. Charles E. Carpenter, Jr., and Harry A. Swagart, III, of Columbia, for Respondent.

This appeal stems from a lawsuit Southern Glass & Plastics, Co. (employer) brought against one of its former employees, Angela Duke, alleging Duke issued two checks without authorization. The trial court granted partial summary judgment in favor of Employer on Duke's defenses of waiver and estoppel and on her counterclaims for abuse of process, wrongful termination, and outrage. Regarding Duke's counterclaim for defamation, the trial court found that statements made to a human resource firm were absolutely privileged and entered summary judgment in favor of Employer on those statements. Duke appeals.

Wednesday, October 12, 2005
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
13760   Edwin H. Brown, Appellant/Respondent v. Greenwood Mills, Inc., Respondent/Appellant.

Linda Byars McKenzie, of Greenville, for Appellant-Respondent. Roy R. Hemphill, of Greenwood, for Respondent-Appellant.

In this workers' compensation case, the appellate entity decides the following issues: (1)did the claimant file his occupational disease claim within the applicable statute of limitations set forth in S.C.Code Ann. Section 42-15-40; (2) is the appeal premature because the circuit court order is not a final judgment; and (3) did the circuit court properly remand the case to the Workers' Compensation Commission for determination of an allocation between compensable and non-compensable causes in accordance with S.C.Code Ann. Sections 42-11-90 and 42-11-100.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
13776   The State, Appellant v. Victor Pichardo and Lorenzo Victoria Reyes, Respondents.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., of Columbia, and Solicitor Randolph Murdaugh, III, of Hampton, for Appellant. James G. Longtin, of Walterboro, and Acting Chief Attorney Joseph L. Savitz III, of Columbia, for Respondents.

The State appeals an order suppressing drug evidence in a pending indictment for trafficking marijuana. The issues are: (1) did the officer's actions after completion of the traffic stop constitute a seizure within the meaning of the Fourth Amendment; (2) did the officer have a reasonable articulable suspicion to support detention of defendants after completion of the traffic stop; and (3) was the consent to search the vehicle given by defendants invalid.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
13811   Eagle Container Co., LLC and Jeffrey Spotts, as Personal Representative of the Estate of Alfred D. Spotts, Respondents v. County of Newberry, a political subdivision, and Susie Berry, in her capacity as Zoning Administrator of Newberry County, Appellants.

Hardwick Stuart, Jr., of Columbia, for Appellants. Thomas H. Pope, III, of Newberry, for Respondents. B. Michael Brackett, of Columbia, for Amicus Curiae Movant Citizens for Responsive Government, Inc.

In this zoning case, appellants contend the circuit judge erred in ruling that Ordinance No. 12-49-02 amended Ordinance No. 12-24-01 to permit a "landfill" in the R-2 Rural Districts. Additionally, appellants assert error by the circuit judge in applying: (1) the plain meaning rule; (2) the last legislative expression rule; and (3) the legislative intent rule.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
13833   Douglas N. Yarborough, Respondent v. Anita J. Yarborough, Appellant.

Kathryne Ann Shelton and Jon Terry Clabaugh, of Columbia, for Appellant. Michael R. Jeffcoat, of Lexington, and Cynthia Barrier Castengera, of Newland, NC, for Respondent. Sheila McNair Robinson, of West Columbia, for Guardian Ad Litem.

In this domestic relations case, the appellate entity decides the following issues: (1) did the family court err in granting custody of the children to the father; (2) did the family court err in setting the parameters of visitation granted to the mother; (3) did the family court err in computing the child support obligation of the mother; (4) did the family court err in failing to award alimony to the mother; (5) did the family court err in dividing the marital property and debt of the parties; (6)did the family court err in failing to require the father to contribute toward the attorney's fees and costs incurred by the mother; and (7) did the family court err in failing to require the father to paymore than half of the guardian ad litem fees.

 12:30 p.m. (Time Limits: 10 - 10 - 5 )  
13750   Danny R. Prince, Appellant v. Beaufort Memorial Hospital and its Employees, Servants and Agents, Respondent.

Terry Wayne Yarbrough, of Beaufort, for Appellant. James S. Gibson, Jr. and Mary Bass Lohr, of Beaufort, for Respondent.

In this medical malpractice case, appellant contends the circuit court erred in holding that witness statements and other products of a quality control committee investigation were privileged under S.C.Code Ann. Sections 40-71-10 and 40-71-20.

 2:00 p.m. (Time Limits: 10-10-5 )  
13758   Heritage Plantation Owners' Association, Inc., Respondents v. William Paone and Janice Paone, Appellants.

Mark Andrew Brunty, of Myrtle Beach, for Appellants. Richard M. Lovelace, Jr., of Conway, and Robert Norris Hill, of Newberry, for Respondent.

In this action to enforce restrictive covenants, the homeowners appeal the master-in-equity's order requiring them to remove a flagpole and basketball goal from their property and pay Heritage Plantation Onwers' Association, Inc. $27,575.00 in fines and $15,054.83 in attorney's fees and costs.

Tuesday, October 4, 2005
The Honor Courtroom
(Court convenes at 2:45 p.m.)
 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
13637   Berrien W. Smith, Appellant v. J. Drayton Hastie, Jr., and Everett L. Smith, Jr., Defendants, of whom J. Drayton Hastie, Jr. is Respondent.

Thomas A. Pendarvis, of Beaufort, for Appellant. Richard S. Rosen and Kevin R. Eberle, of Charleston, for Respondent.

Berrien W. Smith appeals the grant of summary judgment on her claims against attorney J. Drayton Hastie for breach of fiduciary duty, professional negligence, civil conspiracy, and fraud in the inducement. On appeal, Smith argues (1) the trial court incorrectly viewed all evidence in the light most favorable to Hastie, (2) there were disputed issues of material fact as to when Smith should have been aware of her claims against Hastie, (3) the trial court incorrectly determined when Smith's claims accrued, (4) the trial court erred in declining to hold that Hastie, as a fiduciary, was equitably estopped from asserting the statute of limitations in view of his assurances to Smith, (5) the trial court erred in ruling Smith's expert testimony was insufficient to withstand a summary judgment motion, (6) the trial court incorrectly determined that a marital settlement agreement and consent agreement that Smith executed precluded her from an action for asserting professional negligence and related claims against Hastie, and (7) the trial court erred in dismissing Smith's claims for conspiracy, fraud, and fraud in the inducement.

 
 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
13769   Donnell Grooms, Appellant v. Marvin D. Wagner, Jr. and Dorchester County, Respondents.

Gary Lane Cartee, of North Charleston, for Appellant. Mary Legare Hughes, of Charleston, for Respondents.

In this civil case, Donnell Grooms brought an action against Deputy Marvin D. Wagner Jr. and Dorchester County after he was injured in an automobile accident. Grooms entered into a settlement agreement with a third party, and respondents thereafter moved for summary judgment on the basis the settlement barred any further proceedings against them. Grooms appeals from the circuit court's order granting summary judgment to respondents, arguing the settlement should not prevent his action against respondents.

 
Wednesday, October 5, 2005
The Honor Courtroom
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
13726   Linda Lloyd Rhine, Appellant v. Robin R. Swem, and The Shady Lady, Inc., Defendants, of whom the Shady Lady, Inc. is the Respondent.

Thomas R. Goldstein, of Charleston, for Appellant. Richard C. Burke, of Charleston, for Respondent.

In this negligence action, Rhine appeals the trial court's order granting summary judgment in favor of Shady Lady, arguing the trial court erred in (1) finding Rhine stated no cause of action against Shady Lady because she failed to plead the dram shop statutes and (2) concluding, arguendo, Shady Lady's negligence was not the proximate cause of Rhine's injury.

 
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
13717   Scott Douglas Preston, Respondent v. Charleston County Sheriff's Department and South Carolina Department of Education, Transportation Division, Appellants.

James A. Stuckey and Christopher L. Murphy, of Charleston, for Appellants. George J. Morris, of Charleston, for Respondent.

The Charleston County Sheriff's Department and the South Carolina Department of Education appeal from a jury verdict finding Preston fifty percent at fault for a collision with a school bus, arguing that the trial court abused its discretion by permitting a highway patrolman to give an expert opinion as to the speed that Preston was driving at the time of the accident.

 
 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
13779   The State, Respondent v. Timothy M. Phillips, Appellant.

Jack B. Swerling, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General David A. Spencer, for Respondent.

Timothy M. Phillips was convicted of assault and battery with intent to kill, possession of a weapon during the commission of a violent crime, and injuring and disabling a police dog after a police officer and his police dog were injured when responding to a domestic call. Phillips appeals, arguing the trial court erred in (1) declining to specifically answer two questions from the jury, (2) limiting the defense's cross-examination of a witness, (3) admitting testimony regarding the victim's permanent scarring by injuries received in this indicident and (4) depriving him of due process by limiting the number of persons to be heard from during sentencing.

 
 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
13721   Joann Garrett, Respondent/Appellant v. Leroy Garrett, Jr., Appellant/Respondent.

David Dusty Rhoades, of Charleston, and Cynthia Barrier Castengera, of Newland, NC, for Appellant-Respondent. Walter S. Ameika and Gregory Samuel Forman, of Charleston, for Respondent-Appellant.

Husband appeals in this domestic matter, arguing the family court erred in: (1) awarding Wife 35% of the marital estate; (2) failing to require Wife to list the value of her life insurance; (3) refusing to require that Wife reimburse Husband for utilities Wife was ordered to pay; and (4) awarding Wife a portion of her attorney's fees. Wife also appeals, arguing the family court erred in: (1) including the second mortgage as marital debt; and (2) valuing the marital home.

 
 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
13680   Carolyn M. Lewis-Murray, Respondent v. Perry L. Murray, Appellant.

Susan Trout Kinard, of Mt. Pleasant, for Appellant. John B. Williams, of Moncks Corner, for Respondent.

In this domestic case, Husband appeals the family court's decision denying his motion to set aside the final divorce decree. Husband asserts the family court erred in failing to: (1) find the divorce decree was procured through fraud; (2) consider Husband's physical and mental incapacity at the time the divorce decree was approved; (3) find the approval of the divorce decree violated Husband's due process rights; and (4) find the divorce decree was void for lack of service on Husband.

 
 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
13727   Esther Gillman, Appellant v. City of Beaufort, South Carolina, A Municipal Corporation; City of Beaufort Public Works Department; State of South Carolina and South Carolina Department of Public Transportation, Respondents.

Samuel L. Svalina, of Beaufort, for Appellant. C. Scott Graber, of Beaufort, for Respondents.

Gillman appeals the trial court's order granting summary judgment in favor of the State of South Carolina and the South Carolina Department of Transportation based on the statute of limitations. Gillman argues the joinder of a party pursuant to Rule 19, SCRCP, is not limited by the applicable statute of limitations.

 
Thursday, October 6, 2005
The Honor Courtroom
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
13613   Diane Ardis & William David Ardis, Appellants v. Edward L. Sessions, D.C., Respondent.

Ellis I. Kahn and Justin S. Kahn, of Charleston, for Appellants. Charles E. Hill and R. Hawthorne Barrett, of Columbia, for Respondent.

This appeal is from a defense verdict in a chiropractic malpractice case. The Ardises appeal, arguing the trial court erred in: (1) excluding evidence regarding disciplinary sanctions against Sessions from his actions as a magistrate; (2) excluding evidence of Sessions' billing practices with insurance companies; (3) refusing to give the requested jury instruction that it is presumed that records a party is charged with maintaining contain unfavorable information to that pary when the party loses or refuses to produce the records; (4) giving jury instructions regarding errors in judgment and the presumption of due care; and (5) failing to exclude the cross-examination portion of Ardis' treating physician's deposition where defense counsel had an ex parte conference with the treating physician prior to the deposition.

 
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
13701   The State, Respondent v. James Leroy Logan, Jr., Appellant.

Samuel Christopher Bauer, of Hilton Head Island, and Scott M. Merrifield, of Beaufort, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, of Columbia, and Solicitor Randolph Murdaugh, III, of Hampton, for Respondent.

Appellant appeals his conviction in magistrate's court for driving under the influence of alcohol (DUI), first offense. He contends the circuit court erred in failing to reverse the decision of the magistrate to deny his motion for a directed verdict.

 
 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
13770   Jimmy Blackburn, Respondent v. City of Charleston, Employer, and Companion Property & Casualty Group, Carrier, Appellants.

Johnnie W. Baxley, III, of Mt. Pleasant, for Appellants. Carl H. Jacobson, of Charleston, for Respondent.

In this workers' compensation case, the single hearing commissioner found respondent, Jimmy Blackburn, had sustained a compensable injury while working as a heavy equipment operator for the City of Charleston, The appellate panel of the South Carolina Workers' Compensation Commission upheld the commissioner's ruling and the circuit court affirmed. The City and Companion Property and Casualty Group appeal, arguing there was no substantial evidence that Blackburn suffered a compensable injury.

 
Cases to be Submitted Without Oral Argument
13102    The State, Respondent v. Larry McColl, Appellant.

13581    The State, Respondent v. Ray Dwaine Knight, Appellant.

13593    Randall Pallanck; Sarah J. Pallanck; James R. Liles; Paul W. Donaldson and David P. Howe, Appellants v. Robert Lemieux and Cathy Ann Lemieux, Respondents.

13596    The Roof Doctor, Inc., Appellant v. Birchwood Holdings, Ltd., Respondent.

13618    The State, Respondent v. Eddie Norris, Jr., Appellant.

13690    The State, Respondent v. David Paul Cordle, Appellant.

13695    Timothy Jackson, Appellant v. City of Abbeville, Riley's BP and Angela McCurry, Defendants, of whom City of Abbeville is the Respondent.

13728    Margaret Jacobs, Appellant v. Roxie J. Jackson, Respondent.

13755    Donna A. Green, Employee, Claimant, Appellant v. GKN Automotive, Employer, and Zurich American, Carrier, Defendants, Of whom GKN Automotive is the Respondent.

13759    Lonnie Cooper, Respondent v. Dick Smith Motors, Employer, and S.C. Automobile Dealers Assoc./Randolph Hope Co., Carrier, Appellants.

13761    John Dowling and Nancy Dowling, Appellants v. City of Columbia, City of Columbia Board of Zoning Adjustments, and Nathaniel B. Land, Jr., Respondents.

13772    Geraldine Daniels, Employee,Respondent v. Bi-Lo, Employer, and Mac Risk Management, Carrier, Appellants.

13801    Richard W. Lee, Appellant v. Lou Davis and George M. Creel, Respondents.

13806    Carolyn Sargent, Appellant In Re: Willie Sargent, Employee, v. International Paper Co., Respondent.

13807    Essie Simmons, Respondent v. Rubin Simmons, Appellant.

13812    Carolina First Bank, Respondent v. Ashley Tower, LP, Pendleton Partners, LLC and James B. Miller, Defendants, of whom Pendleton Partners, LLC is Appellant.