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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 5, 2010
Courtroom I
(Court convenes at 2:00 p.m.)
 2:00 p.m. (Time Limits: 10 - 10 - 5)  
17743   Norman C. Hartsel, as Personal Representative of the Estate of Bennett W. Hartsel, Norman C. Hartsel, as Personal Representative of the Estate of Mary E. Hartsel, and Norman C. Hartsel, Individually, Appellants, v. Selective Insurance Company of South Carolina, Respondent.

Michael S. Seekings, of Charleston, for Appellant. William L. Howard and Russell G. Hines, of Charleston, for Respondent.

Norman C. Hartsel appeals a circuit court order dismissing his complaint against Selective Insurance Company of South Carolina (Selective) pursuant to Rule 12(b)(6), SCRCP. Specifically, Hartsel alleges the circuit court erred in (1) dismissing his bad faith cause of action for failure to state a claim and (2) dismissing his negligence, breach of contract, and breach of fiduciary duty causes of action for lack of standing.

 3:30 p.m. (Time Limits: 10 - 10 - 5)  
17785   Dorothy M. Graves, Appellant, v. Horry-Georgetown Technical College, Respondent.

Shannon Lee Felder, of Winnsboro, for Appellant. Charles J. Boykin, of Columbia, for Respondent.

After resigning from her position, Dorothy M. Graves filed suit against her former employer, Horry-Georgetown Technical College (the College), for constructive discharge, and the circuit court directed a verdict in favor of the College. Graves appeals, arguing the directed verdict was improper because the College committed official acts that precipitated her discharge and excused her from exhausting her administrative remedies before filing suit.

Wednesday, October 6, 2010
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5)  
17586   The State, Respondent, v. Kevin Allen Chase, Appellant.

Tara Shurling, 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 William M. Blitch, Jr., of Office of the Attorney General, of Columbia, for Respondent.

Kevin Chase was convicted of CDVHAN. He appeals several of the trial evidentiary rulings, the denial of a motion for recusal, the denial of a motion for mistrial and the jury charge.

 10:15 a.m. (Time Limits: 10 - 10 - 5)  
17917   Carolyn R. Church, Appellant/Respondent v. Carroll E. McGee, Personal Representative of The Estate of William LaRue McGee; Ted O. McGee, Jr., as trustee of the Pearly Miles McGee and Ted O. McGee, Sr. Living Trusts; and Carroll E. McGee, Individually, Respondents/Appellants.

Matthew E. Steinmetz, Charles M. Black Jr. and Mitchell C. Payne, of Columbia, for Appellant-Respondent. S. Jahue Moore, of West Columbia, for Respondents-Appellants.

Carolyn R. Church brought this quantum meruit action against Carroll E. McGee, individually and as personal representative of the Estate of William LaRue McGee (Decedent), seeking compensation for caregiving services for Decedent in his final years. In these cross-appeals, Church challenges the circuit court's finding that Decedent had reimbursed Church for her caregiving services. She also challenges the circuit court's refusal to remove McGee as personal representative. McGee challenges the circuit court's failure to allow a setoff against a specific bequest to Church to compensate the estate for personal property Church took from the decedent's home.

 11:00 a.m. (Time Limits: 10 - 10 - 5)  
17932   L. Paul Trask, Jr., Personally, and as Next of Kin and as the Duly Appointed Personal Representative of the Estate of L. Paul Trask, III, deceased, and Meredith C. Trask, Appellants, v. Beaufort County; Curtis Copeland, in his Official Capacity as Coroner of Beaufort County and Individually; and Copeland Company of Beaufort, LLC, Respondents.

Stephen P. Groves, Thomas S. Tisdale,Jr., and Jeffrey S. Tibbals, of Charleston, for Appellants. Marshall H. Waldron, Jr., of Beaufort, and Andrew F. Lindemann, of Columbia, for Respondents.

In this civil action arising out of a single-car accident and its subsequent investigation, the Trasks appeal the trial court's order granting summary judgment for all claims against Beaufort County and Curtis Copeland as county coroner and individually.

 2:00 p.m. (Time Limits: 10 - 10 - 5)  
17751   Essie Simmons, Appellant v. Rubin Simmons, Respondent.

Paul E. Tinkler and Joshua P. Stokes, of Charleston, for Appellant. Eduardo Kelvin Curry, of North Charleston, for Respondent.

In this appeal from Charleston County, the appellant appeals the Family Court's grant of the respondent's motion to dismiss. The appellant argues that Simmons v. Simmons, 370 S.C. 109, 634 S.E.2d 1 (Ct. App. 2006), in which this court found the Family Court lacked jurisdiction over the division of Social Security benefits, effectively nullified a 1990 settlement agreement, leaving wife entitled to have the Family Court re-evaluate the equitable division of property and alimony.

 2:45 p.m. (Time Limits: 10 - 10 - 5)  
17531   City of Rock Hill, Respondent, v. Lori Elizabeth Wallace, Appellant.

Leland B. Greeley, of Rock Hill, for Appellant. Paula Knox Brown, of Rock Hill, for Respondent.

Lori Elizabeth Wallace appeals the circuit court's order affirming the municipal court's denial of her motion to dismiss her indictment for driving under the influence (DUI), arguing the arresting officer's error in failing to record audio did not make the video equipment "inoperable" according to section 56-5-2953(B) of the South Carolina Code (Supp. 2009), and the circuit court erred in affirming the municipal court's determination that the officer's failure to remove the audio-recording device from its charger in his patrol car constituted a "valid reason for the failure to produce the videotape based upon the totality of circumstances."

 3:30 p.m. (Time Limits: 10 - 10 - 5)  
17653   Dutch Fork Development Group II, LLC and Dutch Fork Realty, LLC, Respondents, v. SEL Properties, LLC and Stephen E. Lipscomb, Defendants, of whom Stephen E. Lipscomb is the Appellant.

Keith M. Babcock and Brady R. Thomas, of Columbia, for Appellants. Glenn E. Bowens and Anthony S. H. Catone, of Blythewood, for Respondents.

Stephen E. Lipscomb appeals a jury award against him for tortious interference with a contract, arguing (1) as manager of the limited liability company that breached the contract, he cannot be individually responsible for tortious interference with that contract and (2) in the alternative, the trial court should have granted his motion to reduce the verdict against him. Lipscomb further takes issue with the trial court's instructions to the jury regarding lost customers and lost goodwill.

Thursday, October 7, 2010
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5)  
17823   Patricia S. Tenney, Respondent, v. The South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management and the State of South Carolina, Appellants.

Attorney General Henry Dargan McMaster, Assistant Deputy Attorney General J. Emory Smith, of Office of the Attorney General, of Columbia, for Appellant State of South Carolina. Carlisle Roberts Jr., Bradley D. Churdar, and Davis A. Whitfield-Carglie for Appellant South Carolina Department of Health and Environmental Control. Mary D. Shahid and R. Cody Lenhardt,Jr., of Charleston, for Respondent.

In this action to quiet title to an island in Beaufort County, the South Carolina Department of Health and Environmental Control and the State of South Carolina appeal from the trial court's order finding Tenney was entitled to title to the island.

 10:15 a.m. (Time Limits: 10 - 10 - 5)  
17926   Wachovia Bank National Association, Successor By Merger to Wachovia Bank, N.A., Appellant, v. Arthur L. Beane, Jr. and Virginia Beane,Respondents.

John H. Tiller, of Charleston, for Appellant. John F. Martin, of Charleston, for Respondent.

In this action to collect on a note that was defaulted on by Arthur and Virginia Beane, Wachovia Bank appeals from the jury verdict finding for the Beanes, arguing the trial court erred in denying Wachovia's motion for judgment notwithstanding the verdict and motion for a new trial absolute, or in the alternative, a new trial nisi remittitur.

 11:00 a.m. (Time Limits: 10 - 10 - 5)  
18004   Henry L. Pridgen, Respondent, v. Robert Ward, Charles Sheppard and Karen Hair, Appellants.

Andrew F. Lindemann, of Columbia, and Lake Eric Summers, of Columbia, for Appellants. J. Lewis Cromer, of Columbia, for Respondent.

Robert Ward, Charles Sheppard, and Karen Hair appeal the trial court's denial of their motions for directed verdict and judgment notwithstanding the verdict with regard to Henry Pridgen's civil conspiracy claim. Ward, Sheppard, and Hair argue (1) they were acting at all times within the scope of their employment, (2) they were entitled to immunity under the Tort Claims Act, and (3) that Pridgen failed to prove a mutual understanding or joint assent by them to carry out any conspiratorial objective.

Wednesday, October 6, 2010
Courtroom II
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5)  
17679   Chevrolet of North Charleston, d/b/a Gene Reed Chevrolet, Inc, Plaintiff v. Azalea Motors, L.L.C., Defendant, v. South Carolina Department of Motor Vehicles, Defendant, Of whom Azalea Motors, L.L.C. is the Appellant And South Carolina Department of Motor Vehicles is the Respondent.

Thomas R. Goldstein, of Charleston, for Appellant. Stephanie Pendarvis McDonald, of Charleston, for Respondent.

On appeal, Azalea Motors, LLC argues the trial court erred in granting summary judgment on its claim for gross negligence against the South Carolina Department of Motor Vehicles (SCDMV). The court of appeals addresses whether the trial court erred when it concluded SCDMV was not liable under the public duty rule and further owed no special duty to Azalea Motors to recognize a counterfeit out-of-state motor vehicle title when it was transferred for a valid South Carolina motor vehicle title.

 11:00 a.m. (Time Limits: 10 - 10 - 5)  
17793   JASDIP Properties SC, LLC, Appellant, v. Stewart Richardson, Respondent.

W. Andrew Gowder, Jr. and Daniel S. McQueeney, Jr., of Charleston, for Appellant. Toni Lee Tack Pennington, of Pawleys Island, for Respondent.

This case arises from a contract for the sale of commercial property. Seller rescinded the contract after Buyer was unable to close in a timely fashion. A jury determined neither party breached the contract and awarded no damages on that basis. Buyer appeals the trial court's subsequent denial of its unjust enrichment claim which permitted Seller to retain $215,000 in earnest money and extension fees.

 11:45 a.m. (Time Limits: 10 - 10 - 5)  
17655   ESA Services, LLC (formerly ESA Services, Inc) c/o Extended Stay, Inc., Respondent, v. South Carolina Department of Revenue, Appellant.

Carol I. McMahan, Thomas A. McDermott, Ronald W. Urban, and Andrew L. Richardson, Jr., of Columbia, for Appellant. David B. Summer, Jr. and Faye A. Flowers, of Columbia, for Respondent.

In this appeal, the court of appeals must determine whether the ALC erred in finding ESA Services was entitled to receive tax incentives based on the ALC's conclusion that ESA met the minimum employment and capital investment requirements under the Enterprise Zone Act.

 2:00 p.m. (Time Limits: 10 - 10 - 5)  
17906   Brian P. Menezes, Respondent, v. WL Ross & Co. LLC., Wilbur L. Ross, Jr., Michael J. Gibbons, David H. Storper, David L. Wax, Joseph L. Gorga, Stephen B. Duerk, WLR Recovery Fund II, L.P., WLR Recovery Fund III, L.P., WLR Recovery Associates II LLC, and WLR Recovery Associates III LLC, Appellants.

James Derrick Quattlebaum, H. Sam Habry, III, and Charles M. Sprinkle,III, of Greenville, and N. Scott Fletcher, of Houston, TX, for Appellant. William D. Herlong,of Greenville, for Respondent.

Appellants appeal the trial court's ruling that Respondent's breach of fiduciary duty claim was not precluded by a release that included all claims accrued through the date of the release's execution. Appellants argue Respondent's claim accrued when the subject merger was finalized by a vote of all shareholders, not when Appellants voted to approve and recommend it.

 2:45 p.m. (Time Limits: 10 - 10 - 5)  
18049   Pearlie Mae Sherald, Appellant, v. City of Myrtle Beach, Respondent.

William R. Padget, of Columbia, for Appellant. Michael W. Battle, of Conway, for Respondent.

In this administrative matter, Pearlie Mae Sherald argues the City of Myrtle Beach erred in revoking her business license for violating the City Code by operating a business which engaged in a public nuisance and by failing to disclose a material fact on her business license.

 3:30 p.m. (Time Limits: 10 - 10 - 5)  
17269   Case No.: 2007-CP-26-02667 State of South Carolina on the relation of J. Gregory Humbree, Solicitor of the Fifteenth Judicial Circuit, Respondent, v. Pearlie Mae Sherald, Henry D. Sherald, Senaca T. Sherald d/b/a Club Rainbow, Pearl's Place, and John Doe, representing unidentified employees, affiliates, leasors, and subleasors of Club Rainbow, and Pearl's Place, Appellants.________Case No. 2007-CP-26-04375 Pearlie Mae Sherald, Appellant, v. City of Myrtle Beach, Respondent.

Howard S. Sheftman and William R. Padgett, of Columbia, for Appellants. Michael W. Battle, of Conway, for Respondent.

Pearlie Mae Sherald, Henry D. Sherald, Seneca T. Sherald and their employees, affiliates, leasors, and subleasors appeal an order of the master-in-equity permanently enjoining them from keeping or maintianing a public nuisance on their property. On appeal, Appellants argue the mastser-in-equity erred in finding the operation of a nightclub and short term rental business on the property constituted a nuisance pursuant to section 15-43-10 of the South Carolina Code (2005).

Cases to be Submitted Without Oral Argument
16589    The State, Respondent, v. Dana Eugene Lanier, Appellant.

17115    The State, Respondent, v. Ladrequez Polk, Appellant.

17524    The State, Respondent, v. Dominic Gallman, Appellant.

17533    The State, Respondent, v. Irving Twitty, Appellant.

17627    The State, Respondent, v. Susan Lower, Appellant.

17633    The State, Respondent, v. Tawana Ojlya Johnson, Appellant.

17635    The State, Respondent/Appellant, v. Jimmy Lee Duncan, #2, Appellant/Respondent.

17636    The State, Respondent, v. Jeffrey S. Evans, Appellant.

17644    The State, Respondent, v. Jeremiah Prince Moultrie, Appellant.

17686    The State, Respondent, v. Michael Elayda, Appellant.

17710    Hall's Custom Homes, LLC. Respondent, v. Vista Realty Partners, LLC and Long Grove Vista, LLC. Appellants.

17712    Joseph S. Matsell and Pamela A. Matsell, Respondents, v. Crowfield Plantation Community Services Association, Inc., Appellant.

17726    The State, Respondent, v. Timothy Wilson, Appellant.

17728    The State, Respondent, v. Kathy Williams, Appellant.

17729    In the Interest of Kaleem S., Appellant.

17731    The State, Respondent, v. Ricky B. Williams, Appellant.

17732    The State, Respondent, v. Jimmy Douglas Portee, Appellant.

17736    Frank Lawson, Appellant, v. South Carolina Department of Corrections, Respondent.

17737    Frank Lawson, #270380,Appellant, v. South Carolina Department of Corrections,Respondent.

17753    Trico Engineering Consultants, Respondent, v. S. Joseph Kozlowski, Appellant.

17761    Bon Secour St. Francis Xavier Hospital, Inc.; and CareAlliance Health Services, Inc. d/b/a Roper St. Francis Healthcare, Appellants, v. Barton Marlow Company; HKS, Inc.; STO Corp.; Fort Roofing & Sheet Metal Works, Inc.; CBC; Johns-Manville; Gulf Coast Building Systems, Inc.; Quorum Health Resources, Inc.; Fidelity & Deposit Company of Maryland; Kawneer Company, Inc.; and Jennings Paint and Glass Company, Inc., Defendants, Of Whom STO Corp. is the Respondent.________________Barton Malow Company, Defendants/Third-Party Plaintiff v. Atlantic Coast Mechanical, Inc., United States Fidelity & Guaranty Company, ABG Caulking Contractors, Inc. a/k/a ABG Caulking, Inc. and/or ABG Caulking Contractors, Jennings Paint and Glass Co., Inc., and Old Republic Surety Company, Third-Party Defendants.

17767    The State, Respondent, v. Joseph Dean Kyzer, Appellant.

17768    The State, Respondent, v. Anthony Tony Erving, Appellant.

17769    The State, Respondent, v. Quinton Inman, Appellant.

17775    The State, Respondent, v. John Earl Sprouse, Appellant.

17781    Sonya Fordham and William Fordham, Appellants, v. Luzena King, an incapacitated person, her next of kin, George Fordham, and Elisabeth Spencer of City of Charleston Elder Supportline, Respondents.

17811    Ruth J. Person,Appellant, v. Carolina Pines Regional Medical Center, Respondent.

17846    Mary K. Hadwin, Respondent, v. Ocean Air Repair & Construction, Inc. and David Warren Linker, Appellants.

17853    The State, Respondent, v. Mary R. Hughes, Appellant.

17854    The State, Respondent, v. Gerald Carlisle, Jr., Appellant.

17855    The State, Respondent, v. Mandric Lamar Clark, Appellant.

17856    The State, Respondent, v. Eric Jermole Dade, Appellant.

17858    The State, Respondent, v. Vante Birch, Appellant.

17861    The State, Respondent, v. William Kyle Fields, Appellant.

17862    The State, Respondent, v. Shawn Holland, Appellant.

17867    The State, Respondent, v. John Dykeman, Appellant.

17877    The State, Respondent, v. Kenyal Rogers, Appellant.

17879    The State, Respondent, v. Travis Marquis Walker, Appellant.

17881    The State,Respondent, v. Jeffrey Ray Oliver,Appellant.

17882    The State, Respondent, v. Rhonda Michelle Mintz, Appellant.

17883    The State, Respondent, v. Wayne McLaughlin, Appellant.

17901    Clyde L. Riley, Jr., and Chere J. Riley, Appellants, v. Osmose Holdings, Inc., d/b/a Osmose, Inc.; Arch Wood Protection, Inc.; Chemical Specialties, Inc.; Cox Industries, Inc.; Buck Lumber and Building Supply, Inc., d/b/a Charleston Wood Industries; New South Wood Preserving, LLC.; Collum's Lumber Products LLC.; Spartanburg Forest Products, Inc.; East Coast Lumber Company, Inc.; Georgia-Pacific Corporation; Southern Lumber & Millwork Corp.; Hughes Lumber & Building Supply; G.S. Carter & Son Lumber Company; Lowe's Companies, 84 Lumber Company, Defendants, of whom,Buck Lumber and Building Supply, Inc., is the Respondent.

17930    Sammie Stroman #242033, Appellant v. South Carolina Department of Corrections, Respondent.

17933    Case # 2007-CP-07-02050 Stoney Creek Villas Regime B Owners Association, Inc. Respondent, v. George J. Quinn and Karen Quinn, Appellants.______________Case # 2008-CP-07-1258 George J. Quinn and Karen Quinn, Appellants, v. Stephen Halpern and Joe Pesce, Respondents.

17958    In The Interest of Corey C., A Juvenile Under The Age Of Seventeen, Appellant.

17960    The State, Respondent, v. Jimmy Culpepper, Jr., Appellant.

17961    The State, Respondent, v. Elwood Lee Beckner, Appellant.

17964    The State, Respondent, v. Forrest Floyd Ansel, Appellant.

17970    The State, Respondent, v. Reginald Barno, Appellant.

17980    The State,Respondent, v. Clarence Scott Miller, Appellant.

17981    The State, Respondent, v. Tony Morris, Appellant.

17982    In The Interest Of Donald S., A Juvenile Under The Age Of Seventeen, Appellant.

17988    The State, Respondent, v. Roscoe Roy Moore, III, Appellant.

18031    Lymon Edwards, #286533, Appellant, v. South Carolina Department of Corrections, Respondents.

18033    Michael Davison, Appellant, v. South Carolina Department of Corrections, Respondent.

18092    The State, Respondent, v. Virgil Lee Calvin, Appellant.

18114    The State, Respondent, v. Yulonda Nicole Rabb, Appellant.

18121    The State, Respondent, v. Don Ray Whitehurst, Appellant.

18141    Eddie Moore #247087, Appellant, v. South Carolina Department of Corrections, Respondent.