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 10, 2006
Courtroom I
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14359   David Neal, Appellant, v. Don H. Brown and South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, Respondents.

Michael A. Molony and Lea B. Kerrison, of Charleston, for Appellant. Leslie S. Riley and Evander Whitehead, of North Charleston, for Respondent SCDHEC Office of Ocean and Coastal Resource Management. Andrew K. Epting, Jr., and Clayton B. McCullough, of Charleston, for Respondent Don H. Brown.

Neal appeals from the circuit court's order affirming the Appellate Panel's decision to reverse the issuance of a dock permit to Neal, arguing: (1) the circuit court erred in affirming the decision; and (2) the circuit court applied the wrong scope of review.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14545   The State, Respondent, v. Theresa Claypoole, Appellant.

Assistant Appellate Defender Eleanor Duffy Cleary, 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 Shawn L. Reeves, of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent.

In this criminal action, the court determines whether the trial court erred in denying appellant's motion for a directed verdict on the charge of accessory before the fact to criminal sexual conduct with a minor due to insufficient evidence.

Tuesday, October 10, 2006
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14303   John C. Hall, Claimant, Respondent, v. United Rental, Inc, Employer, Cambridge Integrated Services, Inc., Carrier, Appellants.

Darryl D. Smalls, of Columbia, for Appellants. Thomas W. Greene, of Charleston, for Respondent.

In this Workers' Compensation case, appellants allege error on the part of the Circuit Court in affirming the Commission's conclusion that the Employer/Carrier is responsible for the medical treatment provided by Drs. Wingate, Vial, Khoury and any other physicians with reference to the Claimant's back injury, brachial plexopathy, and collapsed diaphragm. The Claimant responds that there is substantial evidence in the record to support the decision of the Commission because: (a) the treatment sought by the Claimant was required due to the deterioration of Claimant's spine and his intractable pain; (b) the treatment received by Claimant was necessary and gave "relief" and tended to "lessen the period of disability."

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14443   Donald E. Miles, Appellant v. Merit Distribution Services, Inc, Employer, and American Home Assurance/AIG, Carrier, Respondents.

Holly Saleeby Atkins, of Columbia, for Appellant. Jason W. Lockhart, of Columbia, for Respondents.

In this workers' compensation case, the claimant argues the Workers' Compensation Commission erred as a matter of law in finding his claim for injuries to his neck and back were not compensable.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14381   J.W. Neal Construction, LLC, Respondent, v. Enon Missionary Baptist Church, Appellant.

M. M. Weinberg, Jr., of Sumter, for Appellant. Thomas E. Player, Jr., of Sumter, for Respondent.

In this breach of contract case, Enon Missionary Baptist Church claims the circuit court erred by failing to find the construction contract gave the church a right to require a performance and payment bond and in failing to find Neal's failure to provide said bonds was a material breach.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
14454   Charles W. Huggins, Jr., as Personal Representative of the Estate of Charles Walter Huggins, III, Appellant, v. Sheriff James R. Metts, in his official capacity as Sheriff of Lexington County, Respondent.

William Gary White, III, of Columbia, for Appellant. William H. Davidson II, of Columbia, for Respondent.

In this negligence action, Huggins claims the circuit courts erred in finding federal and state claims in this matter were identical and in finding the federal court's ruling was dispositive of state claim issues.

Wednesday, October 11, 2006
Charleston School of Law
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14533   Timothy E. Keane and Karen L. Keane, Respondents, v. Lowcountry Pediatrics, P.A.; Beaufort Pediatrics, P.A.; Francis E. Rushton, Jr.; Joseph H. Floyd; Lawrence R. Coleman, and Christine T. Chiaviello, Appellants.

James S. Gibson, Jr. and Mary B. Lohr, of Beaufort, and William L. Howard, Sr., of Charleston, for Appellants. Robert V. Mathison, Jr. of Hilton Head Island, for Respondents.

In this action revolving around the dissolution of a pediatric care partnership, Lowcountry Pediatrics appeals from the trial court's valuation of the partnership. Lowcountry Pediatrics argues the trial court erred in: (1) including the value of the individual physicians in its calculation of fair market value, (2) awarding prejudgment interest, and (3) ordering the payment of punitive damages.

 
 10:15 a.m. (Time Limits: 15 - 15 - 5 )  
14559   The Commissioners of Public Works, City of Charleston; North Charleston Sewer District, Respondents, v. South Carolina Department of Environmental Control, Appellant.

Evander Whitehead, of Charleston; Jacquelyn Sue Dickman and Carlisle Roberts, Jr., of Columbia; for Appellant. Mary D. Shahid and Lucas C. Padgett, Jr., of Charleston, for Respondents; Frank Paul Calamita, III, of Richmond, VA, for Respondents.

This case involves National Pollutant Discharge Elimination System (NPDES) permits DHEC issued to respondents. On appeal before this court, DHEC argues the circuit court erred in (1) finding respondents preserved certain issues for appeal; (2) reversing the DHEC Board's application of the "0.1 Rule" under section 48-1-83 of the South Carolina Code (Supp. 2005) and title 25, regulation 61-68(D)(4) of the South Carolina Code (Supp. 2005); (3) reversing the DHEC Board's remand to determine the appropriate ultimate oxygen demand limits for certain months; and (4) concluding DHEC is not authorized to impose flow limits in NPDES permits.

 
 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
14320   The Friends of McLeod, Inc., Appellant, v. Historic Charleston Foundation, Respondent.

Stephanie Pendarvis McDonald and Otis Benjamin Peeples, Jr.,of Charleston, for Appellant. William C. Cleveland, III, for Respondent.

Friends of McLeod, Inc. brought a claim against the Historic Charleston Foundation for failing to comply with the provisions of the Last Will of William E. McLeod by selling property known as the McLeod Plantation. The Friends of McLeod, Inc. appeal from the circuit court's order granting the Foundation's motion to dismiss pursuant to Rule 12(h), SCRCP, concluding it did not have subject matter jurisdiction because an action to construe a will must first be brought in the probate court, pursuant to section 62-1-302 of the South Carolina Code (Supp. 2005).

 
 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
14556   Deborah Coon and Michael L. Coon, Respondents, v. Renaissance on Charleston Harbor, LLC, Appellant.

Henry W. Brown and John W. Davidson, of Columbia, for Appellant. Joseph Kevin Qualey and Michael S. Seekings, of Charleston, for Respondents.

Questions whether the arbitrator's award was appropriately set aside on appeal to the master in equity.

 
 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
14246   Nathaniel Grampus, Jr., Respondent, v. College of Charleston and State Accident Fund, Defendants, of whom College of Charleston is Appellant.

Margaret M. Urbanic, of Charleston, for Appellant. David T. Pearlman, of Charleston, for Respondent. Cynthia B. Polk, of Columbia, for State Accident Fund.

Presents the question of whether a salary increase that went into effect a few weeks prior to an injury is an "exceptional" reason within the contemplation of the statute to recalculate the average weekly wage using the new figure, or should the normal method prevail.

 
Thursday, October 12, 2006
Charleston School of Law
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14274   S. W. Youngblood, W. M. & L. M. Loud, J. P & T. J. Verkaik, A. E. & R. B. Wilson, C. J. & S. O. Anderson, K. H. & L. W. Svendsen, Respondents, v. County of Charleston, a political subdivision of the State of South Carolina, Appellant.

Joseph Dawson, III, and Bernard E. Ferrara, Jr., of North Charleston, for Appellant. Melvin Richardson Hyman, Jr., of Charleston, for Respondents.

This appeal questions whether the master in equity correctly ruled that Charleston County did not obtain a right of way over certain property claimed by the respondents.

 
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14450   Richard Ross, Respondent, v. Ligand Pharmaceuticals, Inc., Appellant.

Joseph D. Thompson, III, and Lydia B. Applegate, of Charleston, for Appellant. Robert J. Wyndham and Donald Higgins Howe, of Charleston, for Respondent.

In this dispute between an employer and employee, Ligand appeals from the trial court's findings that it breached an employee contract, that it violated South Carolina's Payment of Wages Act, and that its policy regarding the payment of bonuses violated public policy.

 
 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14474   Stephenson W. James, Respondent, v. Ernestine James, Appellant.

Deena Smith McRackan, of Charleston, for Appellant. Deborah Kay Lewis, of Charleston Heights, for Respondent.

Wife appeals from the family court's order reducing Husband's alimony obligation from $750 to $300 and declining to require Husband to pay alimony via wage withholding.

 
Cases to be Submitted Without Oral Argument
14217    Jean L. Schmidt, Claimant, Appellant, v. Anderson Merchandisers, Employer, and American Home Assurance Company, Carrier, Respondents.

14227    Cynthia Johnston, Respondent, v. Mead/Westvaco Self Insured, Appellant.

14249    Cathy T. Sanders, Respondent, v. Charles N. Sanders, Appellant.

14354    South Carolina Farm Bureau Mutual Insurance Company, Respondent, v. David R. Dawsey, Sr. and David R. Dawsey, Jr., Defendants, of whom David R. Dawsey, Jr. is Appellant.

14405    O. Grady Query, Appellant, v. Carmen Burgess and State of South Carolina, Respondents.

14425    Robert J. Tretola, M.D., Appellant, v. David Summer and Parker Poe Adams & Bernstein, LLP, David Miller, Daniel McKay, and Springs Memorial Hospital (Lancaster Hospital Corporation), Respondents.

14426    James M. Tennant and Charles R. Richards, Appellants, v. The County of Georgetown, Edsel Hemingway, Ronald Charlton, David Hood, Johnny Morant, Helen Rudolph, Thomas Earl Drayton, Jerry Oakley in their official capacities; Thomas W. Edwards, Jr., in his individual capacity, James M. Mock, Jr., in his individual capacity, Jack M. Scoville, Jr., in his individual capacity, The Public Service Commmission of the State of South Carolina, and the South Carolina Budget and Control Board, Respondents.

14427    BB&T of South Carolina, Appellant, v. Jose & Karen Matos, Respondents.

14428    Mary Ann B. Nash and Nancy B. Clifford, Respondents, v. Lynette B. Wright, individually and as Personal Representative of the Estate of R.B. Brunson, Deceased, Appellant. In Re: Estate of R.B. Brunson, Deceased.

14436    The State, Respondent, v. Michael Lee Staton, Sr., Appellant.

14439    The State, Respondent, v. Leroy A. Matthews, Appellant.

14440    The State, Respondent, v. Larry Smith, Appellant.

14441    The State, Respondent, v. George Franklin Sosbee, Jr., Appellant.

14444    Lea Ann Wilkinson (surviving spouse) for Scott R. Wilkinson (deceased employee), Respondent, v. Palmetto State Transp. Co., Employer, and Canal Insurance Co., Carrier, Appellants.

14447    Robert D. Rutland, Appellant, v. Holler, Dennis, Corbett, Ormond & Garner (Law Firm) and James J. Corbett (Individual), Respondents.

14449    Kim Morgan, Appellant, v. South Carolina Department of Social Services, Respondent.

14455    Bertha J. Wilson, Personal Representative of the Estate of Albert Judge, Appellant, v. Primerica Life Insurance Company and Stephanie M. Graham, Respondent.

14456    Ed Frierson, IV., and Virginia S. Frierson, and Allie S. Frierson, Respondents, v. David L. Watson, Patricia R. Watson, and Carolina First Bank, Defendants, of whom David L. Watson is Appellant.

14458    Michael Ziegenfus, Appellant, v. Fairfield Electric Cooperative, Inc., Respondent.

14460    Wanda Phillips, Respondent, v. Martin Bayless, Bryson Folks, Any Lengths Recovery, Inc., d/b/a Any Lengths Recovery Community and Paradise Properties, Inc., Defendants, Of which Any Lengths Recovery, Inc., d/b/a Any Lengths Recovery Community is the Appellant.

14462    Dale Owen Shaffer, Appellant, v. Adam Bacot, Respondent.

14501    The State, Respondent, v. Barry Underwood, Appellant.

14505    The State, Respondent, v. Dennis L. Snipes, Jr., Appellant.

14507    South Carolina Department of Social Services, Respondent, v. Jennifer Emelander, Benjamin Mitchell, and John Doe, Monte Nicolis Emelander [DOB: 08/21/97], Adam Aspen Mitchell [DOB:03/23/99], David Allen Mitchell [DOB:03/06/00], and Jordan B. Mitchell [DOB: 05/01/01], minors Under the age of 18, Defendants, of whom Jennifer Emelander and Benjamin Mitchell are Appellants.

14530    The State, Respondent, v. Clinton Roberson, Appellant.

14542    The State, Respondent, v. Dwight Fitzgerald Jones, Appellant.

14543    The State, Respondent, v. Bobby Gibson, Jr.,Appellant.

14547    The State, Respondent, v. Marquise Harrison, Appellant.

14606    South Carolina Department of Social Services, Respondent, v. Roger Burke and Brandon Burke (7/3/01), Amber Burke (2/28/95), Dalton Burke (11/24/97)of whom Roger Burke is the Appellant.

14611    Roger and Brenda Dean, Respondents, v. Susan E. Coile and Ronnie Bryant, IN RE: Jason Matthew Coile, DOB: 07/08/02, a minor under the age of five years, Defendants,of whom Susan E. Coile is the Appellant.