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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, October 11, 2005 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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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.
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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.
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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.
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Wednesday, October 12, 2005 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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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.
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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.
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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.
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Tuesday, October 4, 2005 | |
The Honor Courtroom
(Court convenes at 2:45
p.m.)
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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.
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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.
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Wednesday, October 5, 2005 | |
The Honor Courtroom
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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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.
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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.
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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.
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Thursday, October 6, 2005 | |
The Honor Courtroom
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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Cases to be Submitted Without Oral Argument | |
13102 |
The State, Respondent v. Larry McColl, Appellant.
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13581 |
The State, Respondent v. Ray Dwaine Knight, Appellant.
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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.
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13596 |
The Roof Doctor, Inc., Appellant v. Birchwood Holdings, Ltd., Respondent.
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13618 |
The State, Respondent v. Eddie Norris, Jr., Appellant.
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13690 |
The State, Respondent v. David Paul Cordle, Appellant.
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13695 |
Timothy Jackson, Appellant v. City of Abbeville, Riley's BP and Angela McCurry, Defendants, of whom City of Abbeville is the Respondent.
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13728 |
Margaret Jacobs, Appellant v. Roxie J. Jackson, Respondent.
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13755 |
Donna A. Green, Employee, Claimant, Appellant v. GKN Automotive, Employer, and Zurich American, Carrier, Defendants, Of whom GKN Automotive is the Respondent.
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13759 |
Lonnie Cooper, Respondent v. Dick Smith Motors, Employer, and S.C. Automobile Dealers Assoc./Randolph Hope Co., Carrier, Appellants.
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13761 |
John Dowling and Nancy Dowling, Appellants v. City of Columbia, City of Columbia Board of Zoning Adjustments, and Nathaniel B. Land, Jr., Respondents.
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13772 |
Geraldine Daniels, Employee,Respondent v. Bi-Lo, Employer, and Mac Risk Management, Carrier, Appellants.
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13801 |
Richard W. Lee, Appellant v. Lou Davis and George M. Creel, Respondents.
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13806 |
Carolyn Sargent, Appellant In Re: Willie Sargent, Employee, v. International Paper Co., Respondent.
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13807 |
Essie Simmons, Respondent v. Rubin Simmons, Appellant.
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13812 |
Carolina First Bank, Respondent v. Ashley Tower, LP, Pendleton Partners, LLC and James B. Miller, Defendants, of whom Pendleton Partners, LLC is Appellant.
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