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 6, 2009
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
17012   Blackbaud, Inc., Respondent, v. South Carolina Department of Revenue, Appellant.

Ray N. Stevens, Director, Harry T. Cooper, Chief of Staff, Nicholas P. Sipe, General Counsel, and Carol I. McMahan, Counsel for Litigation, of S.C. Department of Revenue and Taxation, of Columbia, for Appellant. Burnet R. Maybank, III and Joan W. Hartley, of Columbia, for Respondent.

In this appeal, the South Carolina Department of Revenue (Department) contends the administrative law court (ALC) erred in determining Blackbaud, Inc. was entitled to a tax refund in the amount of $281,264. On appeal, the Department asserts the ALC erred in determining Blackbaud was entitled to calculate Job Development Credits based on new jobs created after the cut-off date agreed upon by both parties.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
17088   The State, Respondent, v. Kenneth Lovette Young, Appellant.

Appellate Defender LaNelle DuRant, of South Carolina Commission on Indigent Defense, 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 Julie M. Thames, of Office of the Attorney General, of Columbia, and Solicitor Kevin Scott Brackett, of York, for Respondent.

In this appeal from his conviction on charges stemming from an armed bank robbery, Kenneth Young asserts the circuit court erred in refusing to sever his trial from that of his co-defendant, as well as the circuit court's admission of certain items into evidence.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
17017   Wendy McDaniel, formerly known as Wendy Sue Kendrick, Respondent, v. Carolyn Kendrick, Appellant.

Patrick John Frawley, of Lexington, for Appellant. James Poag, Jr., of West Columbia, for Respondent.

Carolyn Kendrick appeals the circuit court's finding she failed to meet the requisite elements of adverse possession, specifically the element of hostility, when her claim was to an entire tract of land. Kendrick also appeals the circuit court's conclusion she failed to establish a constructive trust because she produced no evidence of fraud relating to the transfer of the property from her husband to her stepdaughter.

 11:45 a.m. (Time Limits: 15-15-5)  
16855   Sierra Club, Appellant, v. South Carolina Department of Health and Environmental Control and Chem-Nuclear Systems, LLC., Respondents.

James S. Chandler, Jr.and Amy E. Armstrong, of Pawleys Island, for Appellant. Jacquelyn Sue Dickman, of Columbia, for Respondent SCDHEC. Evander Whitehead, of Florence, for Respondent SCDHEC. Mary D. Shahid, of Charleston, Elizabeth M. Crum and Sara S. Rogers, of Columbia, for Respondent Chem-Nuclear Systems, LLC.

The Sierra Club appeals the Administrative Law Court's (ALC) decision to affirm DHEC's license renewal for Chem-Nuclear Systems, LLC (Chem-Nuclear). The ALC's decision will allow Chem-Nuclear to continue the operation of a radioactive waste landfill in Barnwell, South Carolina, and the Sierra Club maintains the ALC erred because Chem-Nuclear is not in compliance with several state regulations.

Wednesday, October 7, 2009
Courtroom I
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
17075   Alonzo Brinkley, Appellant, v. South Carolina Department of Corrections, Respondent.

John Terrence Mobley, of Columbia, for Appellant. Samuel F. Arthur, III, of Florence, for Respondent.

In this appeal from the vacation of a jury award and the grant of a new trial in favor of the South Carolina Department of Corrections, Alonzo Brinkley asserts there was sufficient evidence of gross negligence to support the verdict, and the amount of the jury award was not so excessive as to shock the conscience.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
17079   South Carolina Department of Social Services, Respondent, v. C. H., L. K., T. M., D. M., are Defendants, Of Whom L. K. is the Appellant.In re: Minor Child, 11/20/99, Minor Child, 12/10/01, Children under the age of 18.

John Harleston, of Mt. Pleasant, for Appellant. Graves Wilson, Jr., of Summerville, and Deborah Murdock, of Mauldin, for Respondent. Gina Jolly McAlhany, of Summerville, for Guardian Ad Litem.

Appellant appeals the family court's order that: (1) found Appellant physically abused a minor child as defined by S.C. Code Ann. § 20-7-490 (Supp. 2008); and (2) required Appellant's name be placed in the Central Registry for Child Abuse and Neglect.

Tuesday, October 13, 2009
Courtroom I
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
16876   Normandy Corporation, Respondent, v. South Carolina Department of Transportation, Appellant.

Clifford O. Koon, Paul D. de Holczer, and Robert L. Brown, of Columbia, for Appellant. Howell V. Bellamy, Jr. and Robert S. Shelton, of Myrtle Beach, for Respondent.

This declaratory judgment action stems from a condemnation action filed by Appellant South Carolina Department of Transportation to acquire a parcel of land from Respondent Normandy Corporation for the construction of the Carolina Bays Parkway in Horry County. Respondent brought this action to resolve several issues relating to the applicability of the Clean Water Act to the parcel as of the date of the condemnation filing. Appellant argues that the master-in-equity erred by ruling that the parcel did not contain any wetlands within the jurisdiction of the Clean Water Act and that the parcel contained fifteen acres of wetlands that could legally be drained. Appellant also contends that the master-in-equity did not have subject matter jurisdiction to determine the amount of wetlands existing on the parcel.

 11:00 a.m. (Time Limits: 10-10-5)  
17065   Shirley's Iron Works, Inc., and Tindall Corporation, Appellants, v. City of Union, South Carolina, Gilbert Group, LLC and William E. Gilbert, Respondents.

Boyd Benjamin Nicholson, of Greenville, for Appellant Shirley's Iron Works, Inc. N. Ward Lambert and R. Patrick Smith, of Greenville, for Appellant Tindall Corporation. Andrew Lindemann, of Columbia, and William Whitney, Jr., of Union, for Respondent City of Union, South Carolina. Gibert Bagnell, of Columbia, for Respondents Gilbert Group, LLC and William E. Gilbert.

In this case, the Court of Appeals is asked to determine whether the trial court erred in granting summary judgment in favor of the respondents as to appellants' causes of action for (a) violation of the Tort Claims Act, (b) third party beneficiary breach of contract, (c) quantum meruit, and (d) violation of S.C. Code Ann. §27-1-15.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
17074   Sharon Brown, Appellant, v. William B. James, Superintendent for Cherokee County School District, Respondent.

Fletcher Smith, Jr., of Greenville, for Appellant. David Duff and Kiosha A. Hammond, of Columbia, for Respondent.

Appellant Sharon Brown brought this action against Respondent William James, Superintendent of Cherokee County School District One, seeking judicial review of the decision of the school district’s Board of Trustees to decline to renew Brown's teaching contract. Brown appeals the circuit court’s decision to grant James’ motion to dismiss, asserting that the circuit court misinterpreted the South Carolina Teacher Employment and Dismissal Act and abused its discretion when concluding that Brown had not exhausted her administrative remedies. Brown argues that she was not required to request a hearing before the Board of Trustees after they made a final decision regarding the non-renewal of her contract, but that she could appeal directly to the circuit court. Brown further asserts that the circuit court abused its discretion when concluding that her motion to amend her complaint to add the school district as a party was moot in light of the dismissal.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
17020   Tracey Sims, as Guardian for Emma G., a minor child under the age of eighteen (18), Appellant, v. Dewey V. Gregory, Jr., Respondent.

Grahame E. Holmes, Ronnie L. Crosby, and Matthew V. Creech, of Walterboro, for Appellant. Thomas Milligan, of Mt. Pleasant, for Respondent.

Tracy Sims, as guardian for Emma G., a minor child under the age of 18, appeals from the trial court's grant of summary judgment for Dewey Gregory in an action arising from a car accident, arguing (1) South Carolina law does not allow an alleged violation of a seat belt law to be used as evidence of negligence, and (2) the injuries to the minor child were not caused by any negligence on the part of Gregory but were caused by negligence of a third party.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
17018   SCDSS (Natlynn D. Jimmerson), Respondent v. Eric F. Johnson, Appellant.

Laree Anne Hensley, of North Charleston, for Appellant. John M. Magera, of North Charleston, for Respondent.

In this case, the Court of Appeals is asked whether the family court erred in determining the appellant was properly served with notice of the civil contempt proceeding and whether the family court erred in finding the appellant in civil contempt.

Wednesday, October 21, 2009
Courtroom I
(Court convenes at 11:15 a.m.)
 11:15 a.m. (Time Limits: 10 - 10 - 5 )  
16957   Glendon Allaby, Kathryn Allaby, Cora Pfund, Eric Pfund, Greg Lindsey, Larry Hartley, Michael Duval, Kathleen Duval, Pearl Butler, Timothy Butler and Kevin Nevin, Respondents, v. R.G. Stair and Faith Cathedral Fellowship, Inc., a/k/a Overcomer Ministries, Appellant.

Deborah Harrison Sheffield and Mathias Genard Chaplin, of Columbia, for Appellant. Bert G. Utsey, III, of Walterboro, and David Wesley Whittington, of Summerville, for Respondents.

In this civil case, we must determine whether the trial court had subject matter jurisdiction over Respondents' claims, which were based on Ralph Gordon Stair's (Stair) expenditure of funds in his capacity as the leader of the Faith Cathedral Fellowship Inc. (the Fellowship), a/k/a the Overcomer Ministries, a religious organization. We must also determine whether the trial court erred in allowing Respondents to present evidence to contest the Fellowship's 501(c)(3) non-profit, tax-exempt status. Finally, we must determine whether the trial court erred in denying Respondents' motions for directed verdict/JNOV on the Respondents' causes of action for fraud, negligent misrepresentation, breach of fiduciary duty, and violation of the Unfair Trade Practices Act.

 2:15 p.m. (Time Limits: 10 - 10 - 5)  
17563   Jesse and Amanda Gonzalez, Respondents, v. Gerald and Fay Edwards, James and Elsie Symmes, Guadaloupe and Brenda Gonzalez, Edwin and Lisa Roach, and South Carolina Department of Social Services, Defendants, of whom South Carolina Department of Social Services and Gerald and Fay Edwards are the Appellants.

Scarlet Bell Moore, of Greenville, for Appellant S.C. Dept. of Social Services. Heather Hite Stone, of Abbeville, for Appellants Gerald and Fay Edwards. Billy Garrett, Jr., of Greenwood, and Desa Ballard, of West Columbia, for Respondents. Adam Bacot, of Greenwood, for Guardian ad Litem, Anna S. Padgett.

 3:00 p.m. (Time Limits: 10 - 10 - 5 )  
17063   The State, Respondent, v. Florence Evans, Appellant.

Deputy Chief Appellate Defender for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, 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 Jay Hodge, Jr., of Cheraw, for Respondent.

Florence Evans appeals her convictions for three counts of involuntary manslaughter, arguing the trial court erred in denying her motion to dismiss the charges against her because her constitutional right to a speedy trial was violated.

Wednesday, October 7, 2009
Courtroom II
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
17024   W. L. Madden, Appellant, v. Bent Palm Investments, LLC, Roger Douglas Brown, and Tom Williams, Respondents.

Kenneth C. Hanson and Walter M. Riggs, of Columbia, for Appellant. Joseph Gregory Studemeyer, of Columbia, for Respondents.

In this contract action from Lexington County, the Appellant sued for unpaid construction fees and for fifty percent (50%) of profits from the sale of a speculation home. In a bench trial, the trial court found Appellant entitled to $1,449.00. Appellant alleges this ruling is error and the trial court should have found Appellant entitled to $24,205.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
17015   S.C. Department of Health and Environmental Control, Appellant, v. Philip Przyborowski, Respondent.

Carlisle Roberts, Jr., of Columbia, Elizabeth Applegate Dieck and Evander Whitehead, of North Charleston, and Davis Arjuna Whitfield-Cargile, of Charleston, for Appellant. Christopher Holmes, of Mt. Pleasant, for Respondent.

This appeal arises from an administrative enforcement order issued by the South Carolina Department of Health and Environmental Control against Przyborowski in which the Department alleged Przyborowski had violated a dock permit. Respondent Przyborowski filed a request for final review of the agency action, and the administrative law court (ALC) issued an order dismissing all enforcement issues brought by the Department except for the removal an unpermitted jet dock. The Department appeals to this Court, arguing (1) the ALC made an improper finding of fact; (2) the ALC erred in its analysis of Przyborowski's equal protection defense; and (3) the ALC abused its discretion in failing to craft a remedy to reduce the size of Przyborowski's dock to conform to what is allowed under the applicable regulation. As an additional sustaining ground, Przyborowski takes issue with the ALC's rejection of his assertion of the defense of estoppel. The Department also suggests Przyborowski's request for final review may be untimely, thus calling into question the issue of whether the ALC properly exercised jurisdiction over the matter.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
16954   Anonymous No. 1 R.D.H., and Anonymous No. 2 R.D.H., Appellants, v. South Carolina Department of Labor Licensing and Regulation, State Board of Dentistry, Respondent.

Desa Ballard and P. Christopher Smith, Jr., of West Columbia, for Appellants. Kenneth P. Woodington and Lynne W. Rogers, of Columbia, for Respondent.

Anonymous Dental Hygienists No. 1 and No. 2 (Hygienists) appeal from a final order of the ALC affirming the Board of Dentistry’s decision to issue public, yet anonymous, sanctions against Hygienists. On appeal, Hygienists assert the ALC erred in: (1) applying the incorrect standard of review; (2) applying the incorrect standard of care for dental hygienists; (3) finding substantial evidence supports the Board’s finding that sealant was placed over obvious decay; (4) drawing an inaccurate conclusion from expert testimony; and (5) concluding that actual harm is not a necessary element of a professional disciplinary hearing.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
16986   The State, Respondent, v. Chris Anthony Liverman, Appellant.

Chief Appellate Defender Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka Sr., Assistant Attorney General William Edgar Salter, III, of Office of the Attorney General, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent.

This is a criminal matter in which Liverman appeals his convictions of two counts of murder. Liverman asserts (1) the trial court committed reversible error by refusing to conduct an in camera hearing pursuant to Neil v. Biggers, 409 U.S. 188 (1972) and Rule 104(c), SCRE, on the reliability of the identification of Liverman as the shooter by one of the State’s witnesses, especially in light of the fact the witness had incorrectly identified Liverman as a participant in an earlier incident shortly before the shooting, and his identification of Liverman as the triggerman was the product of an inherently suggestive show-up conducted by the police after Liverman was arrested and (2) the trial court committed reversible error in allowing one the State’s purported experts in gang activity and recognition testify concerning body markings on Liverman indicating Liverman had committed two prior murders, as this evidence placed appellant’s character at issue in violation of Rules 403 and 404, SCRE.

Cases to be Submitted Without Oral Argument
16310    The State, Respondent, v. Bryan Wright, Appellant.

16717    The State, Respondent, v. John Wesley Thomasson, Appellant.

16718    The State, Respondent, v. Freddie Wells, Appellant.

16719    The State, Respondent, v. Douglas Lamont Rice, Appellant.

16720    The State, Respondent, v. Steven Collins, Appellant.

16754    The State, Respondent, v. Hayes Polite, Appellant.

16755    The State, Respondent, v. Nicholas Lee Parker, Appellant.

16764    The State, Respondent, v. Richard Middleton, Appellant.

16765    The State, Respondent, v. Michael Allen Ramsey, Appellant.

16766    The State, Respondent, v. Dan Williams, II, Appellant.

16772    The State, Respondent, v. Rahmelle Jamaal Dingle, Appellant.

16774    The State, Respondent, v. Richard Lee Davis, Appellant.

16777    The State, Respondent, v. James Farrow, Appellant.

16778    The State, Respondent, v. Thomas Crocker, Appellant.

16781    The State, Respondent, v. Harold Dean Briggs, Appellant.

16782    The State, Respondent, v. Steven Joel Freeman, Appellant.

16809    The State, Respondent, v. Marvin Colclough, Appellant.

16811    The State, Respondent, v. Kevin Black, Appellant.

16815    The State, Respondent, v. Andrew Leonter Reid, Appellant.

16816    The State, Respondent, v. Steve A. Rollinson, Appellant.

16817    The State, Respondent, v. Edward Lamar Smoak, Jr., Appellant.

16818    The State, Respondent, v. Arthur Hamilton Young, Appellant.

16819    The State, Respondent, v. Mary Ann Wall, Appellant.

16822    The State, Respondent, v. Ronald Wood, Appellant.

16858    The State, Respondent, v. Stephen Casillo, Appellant.

16888    The State, Respondent, v. Kelly Richardson, Appellant.

16896    The State, Respondent, v. Joseph Baggett, Appellant.

16898    The State, Respondent, v. James M. Dixon, Appellant.

16900    The State, Respondent, v. Timeshia Weaver, Appellant.

16904    The State, Respondent, v. Calvin Bernard Sanders, Appellant.

16941    The State, Respondent, v. Andre Johnson, Appellant.

16942    The State, Respondent, v. Craig M. Brannon, Appellant.

16946    The State, Respondent, v. Maurice Wall, Appellant.

16987    The State, Respondent, v. Steven Andrew Ryon, Appellant.

16990    The State, Respondent, v. Marcus Shearin, Appellant.

17000    The State, Respondent, v. Chadwick Plumley, Appellant.

17001    The State, Respondent, v. Christian Parker, Appellant.

17031    The State, Respondent, v. Isaias Diaz Gutierrez, Appellant.

17033    The State,Respondent, v. Isidro Martinez Juarez,Appellant.

17034    The State, Respondent, v. Steven A. Hardeman, Appellant.

17039    The State, Respondent, v. Jeffrey Todd Price, Appellant.

17041    The State, Respondent, v. Stanley David Shannon, Appellant.

17044    The State, Respondent, v. Brian Scott White, Appellant.

17045    The State, Respondent, v. John L. Minor, Appellant.

17046    The State, Respondent, v. Avery Augustus Mason, Appellant.

17090    The State, Respondent, v. Joseph Denario Taylor, Appellant.

17097    The State, Respondent, v. Job M. Brooks, Appellant.

17098    The State, Respondent, v. Michael Constance, Appellant.

17099    The State, Respondent, v. Richard Gaddist, Appellant.

17122    The State, Respondent, v. Willie Lyles, Appellant.

17174    The State, Respondent, v. Harrison Sanders, Jr., Appellant.

17208    The State, Respondent, v. Leonard G. Stanfield, Appellant.

17222    The State, Respondent, v. Kenneth Whitmore, Appellant.

17226    The State, Respondent, v. Sterling Green, Appellant.

17023    Keith C. Marshall and Peggy M. Marshall, Appellants, v. Michael C. Marshall, Terri M. Shaw, Mary E. Rutledge, Respondents.