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October 2023 |
NEXT
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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 3, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2021-001189 Tyrone Anderson, Respondent,
v.
State of South Carolina, Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General Mark Reynolds Farthing, both of Columbia; and Solicitor David Matthew Stumbo, of Greenwood, all for Appellant. Robert Jamison Tinsley, Jr., of Greenwood, for Respondent. The State appeals the circuit court's reversal of Tyrone Anderson's magistrate's court conviction for driving under the influence (DUI) and dismissal of the charge. On appeal, the State argues the circuit court erred because it presented evidence to establish each element of DUI and that evidence independently corroborated Anderson's admission of driving such that it satisfied the corpus delicti rule. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2021-001399 B & B Crane Service, LLC, Appellant,
v.
Iron Planet, Inc., Mickey Meekins Truck & Auto Sales, Inc., and Lloyd "Mickey" Meekins, Jr., Defendants,
Of Whom Iron Planet, Inc. is the Respondent. Kenneth Ray Moss, of Wright, Worley, Pope, Ekster & Moss, PLLC, of North Myrtle Beach; and Richard Lee Snyder, of Durham, NC, both for Appellant. Elbert Stockman Dorn, Sr., of Nexsen Pruet, LLC, of Myrtle Beach; and Alexandra Harrington Austin, of Nexsen Pruet, LLC, of Charleston, both for Respondent. B & B Crane Service, LLC, appeals a circuit court order enforcing a forum selection clause and dismissing its case against Iron Planet, Inc. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2020-001245 Progressive Northern Insurance Co., Respondent,
v.
Brandon Lawrence and Ashley Outlaw, Defendants,
of whom Brandon Lawrence is the Appellant and Ashley Outlaw is a Respondent. William Vincent Josephs, III, of Josephs Law Firm, of Loris; and Jeffrey Edwin Johnson, of Jeff Johnson Attorney at Law L.L.C., of Conway, both for Appellant. Susan Drake DuBose, of Baker Ravenel & Bender, LLP, of Columbia, for Respondent Progressive Northern Mutual Insurance Co. Ashley Outlaw, pro se. In this declaratory judgment action, Brandon Lawrence appeals the trial court's order finding that Progressive Northern Insurance Co. made a valid, meaningful offer of underinsured motorist coverage to his agent, Ashley Outlaw. |
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Wednesday, October 4, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2020-001387 Shem Creek Development Group, LLC, Respondent,
v.
The Town of Mount Pleasant, South Carolina, Appellant. James J. Hinchey, Jr., of Hinchey Murray & Pagliarini, LLC, of Mt. Pleasant; Julia Parker Copeland, of Hinchey Murray & Pagliarini, LLC, of Charleston; David Guy Pagliarini, of Pagliarini Law Firm, LLC, of Daniel Island; Andrew F. Lindemann, of Lindemann Law Firm, P.A., of Columbia; and Claudius O. Tackett, II, of Sheffer Monhollen & Tackett, PLLC, of Louisville, KY, all for Appellant. E. Brandon Gaskins, of Moore & Van Allen, PLLC, of Charleston, for Respondent. In this contract action appeal filed by Shem Creek Development Group, LLC (Shem Creek) against the Town of Mount Pleasant, South Carolina (the Town), the Town appeals, arguing the circuit court erred in (1) awarding liquidated damages to Shem Creek; (2) failing to find any liquidated damages provision in the contract constituted an unenforceable penalty; and (3) denying the Town's motion to compel certain financial records. |
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Tuesday, October 10, 2023 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2020-001203 The Boathouse at Breach Inlet, LLC, by and through its member, Laurence O. Stoney, Jr., Appellant,
v.
Richard S.W. Stoney, individually and as Member-manager of The Boathouse at Breach Inlet, LLC and Crew Carolina, LLC, Defendants,
and
Theodore Stoney, Jr., individually as Trustee for Richard Stoney, Jr. and Gregory G. Holmes, Third-Party Intervenors,
of whom Richard S. W. Stoney, individually and as Member-manager of The Boathouse at Breach Inlet, LLC is the Respondent. Sarah P. Spruill and Tyler Keith Gilliam, both of Haynsworth Sinkler Boyd, PA, of Greenville; and Stafford John McQuillin, III, and Scott Y. Barnes, both of Haynsworth Sinkler Boyd, PA, of Charleston, all for Appellant. Capers G. Barr, III, of Barr Unger & McIntosh, LLC, of Charleston, for Respondent. The Boathouse at Breach Inlet, LLC (the Company) by and through its member Laurence D. Stoney, Jr. (Laurence), appeals the circuit court's ruling that Laurence lacked standing to bring this derivative action against Richard S.W. Stoney (Richard), individually and as Member manager of the Company and Crew Carolina, LLC (collectively, Respondents). Laurence also argues the circuit court erred in granting Respondents' motion to dissociate Laurence as a member of the Company. |
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11:20 a.m. | (Time Limits: 10-10-5-5) |
2020-001166 Ex Parte: DeBordieu Colony Community Association, Inc., Appellant,
In Re: The Belle W. Baruch Foundation, Plaintiff,
v.
The State of South Carolina, Defendant,
Of Which The Belle W. Baruch Foundation is the Respondent. Brian C Duffy, Julie Lauren Moore, Robert Lewis Wehrman, and Patrick Coleman Wooten, all of Duffy & Young, LLC, of Charleston, for Appellant. George Trenholm Walker, Thomas P. Gressette, Jr., and Jennifer Sue Ivey, all of Walker Gressette & Linton, LLC, of Charleston, for Respondent. Attorney General Alan McCrory Wilson, Solicitor General Robert D. Cook, and Deputy Solicitor General J. Emory Smith, Jr., all of Columbia, for The State. The DeBordieu Colony Community Association, Inc., appeals the circuit court's denial of its motion to intervene in a declaratory judgment between The Belle W. Baruch Foundation and the State over title to marshlands. |
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Wednesday, October 11, 2023 | |
Courtroom I
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11:20 a.m. | (Time Limits: 10-10-5) |
2020-001103 Robin Napier, individually and on behalf of all others similarly situated, Appellant,
v.
Mundy's Construction, Inc. d/b/a Mundy Construction, Respondent. Justin O'Toole Lucey and Anna Scarborough McCann, both of Justin O'Toole Lucey, P.A., of Mount Pleasant, for Appellant. David Allen Anderson, Carmen Vaughn Ganjehsani, and James Belford Robey, III, all of Richardson Plowden & Robinson, PA, of Columbia, for Respondent. In this construction defect case, Robyn Napier, on behalf of herself and other homeowners, appeals the trial court's order following a bench trial. She contends the trial court erred in not finding Mundy's Construction, Inc. grossly negligent, which caused the statute of repose to bar recovery for many of the homeowners. She also contends the trial court improperly reduced the damages due to wear and tear to the homes. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2020-001210 Jacque Lucas, Shirley Ann Lucas, and Daniel Simerly, Appellants,
v.
KapStone Paper and Packaging Corporation, KapStone Kraft Paper Corporation, Safway Group Holdings, LLC, Easy Way Insulation Co., Sypris Technologies, Inc. f/k/a Tube-Turns Technologies Inc., Thompson Construction Group, Inc., and Thompson Industrial Services, LLC, Defendants,
of which KapStone Paper and Packaging Corporation and KapStone Kraft Paper Corporation are the Respondents. Badge Humphries, of Griffin Humphries LLC, of Sullivan's Island; and Russell S. Post, of Houston, TX, both for Appellants. Richard Hood Willis and Derek Devere Tarver, both of Williams Mullen, of Columbia, for Respondents. Appellants, Jacque Lucas, Shirley Ann Lucas, and Daniel Simerly, challenge the circuit court's order dismissing this personal injury action for lack of subject matter jurisdiction pursuant to Rule 12(b)(1), SCRCP. Appellants argue the circuit court erred in concluding that Respondents, KapStone Paper and Packaging Corporation and KapStone Kraft Paper Corporation, were alter egos of KapStone Charleston Kraft, LLC for purposes of the exclusivity provision of the South Carolina Workers' Compensation Law, S.C. Code Ann. ยง 42-1-540 (2015). |
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Wednesday, October 18, 2023 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2019-000292 The State, Respondent,
v.
Shawn Douglas Custer, Appellant. E. Charles Grose, Jr., of Grose Law Firm, of Greenwood, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent. Shawn Douglas Custer appeals his conviction for receiving stolen goods valued in excess of $10,000 and sentence of seven years' imprisonment. On appeal, Custer argues the trial court erred by (1) instructing the jurors that knowledge and possession may be inferred because the stolen property was found on real property under his control, (2) failing to grant his motion for a directed verdict, and (3) failing to suppress global position system (GPS) evidence of the stolen property's movement. |
Wednesday, October 4, 2023 | |
Courtroom II
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-002107 The State, Respondent,
v.
Ricky Manigo Dawson, Appellant. Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent. Ricky Manigo Dawson appeals his convictions of trafficking cocaine, third offense; possession with intent to distribute crack cocaine, third offense; and possession of a weapon during the commission of a violent crime and sentences to an aggregate of twenty-five years' imprisonment. On appeal, Dawson argues the trial court erred by denying his motion to suppress evidence of the drugs seized pursuant to a warrantless search. |
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Tuesday, October 10, 2023 | |
Courtroom II
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10:40 a.m. | (Time Limits: 10-10-5) |
2020-001254 Kacey Green and Charinrath Green, Appellants-Respondents,
v.
Mervin Lee Johnson, Respondent-Appellant. David Reynolds Williams, Charlie Hiram Williams, III, and Virginia Watson Williams, all of Williams & Williams, of Orangeburg; and Edgar Mason West, of West Law Firm, LLC, of Moncks Corner, all for Appellants-Respondents. Todd Russell Flippin, of Holcombe Bomar, PA, of Spartanburg; and A. Walker Barnes, of Boulier Thompson & Barnes, LLC, of Spartanburg, both for Respondent-Appellant. Kacey Green and Charinrath Green (the Greens) appeal the Master-in-Equity's (the Master's) order granting Mervin Lee Johnson's Rule 59(e), SCRCP motion and reducing the damages awarded to them in a default judgment. On appeal, the Greens argue the Master erred in (1) hearing Johnson's Rule 59(e) motion, (2) considering new evidence presented by Johnson at the Rule 59(e) motion hearing, and (3) misapplying the case of McClurg v. Deaton, 380 S.C. 563, 671 S.E.2d 87 (Ct. App. 2008) when concluding justification for relief from default judgment existed. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2022-000505 Khalil Abbas-Ghaleb, Appellant-Respondent,
v.
Anna Ghaleb, Respondent-Appellant. Gary Hudson Smith, III, of Smith, Massey, Brodie, Guynn & Mayes, LLC, of Aiken; and Matthew B. Robins, of Strom Law Firm, LLC, of Columbia, both for Appellant-Respondent. Gregory Samuel Forman, of Gregory S. Forman, PC, of Charleston, for Respondent-Appellant. Khalil Abbas Ghaleb (Husband) appeals the family court's final divorce decree, arguing the court erred in (1) awarding Anna Ghaleb (Wife) primary custody and all decision making authority with the exception of medical decisions; (2) allowing Wife to claim the parties' minor child (Child) as a tax dependent; (3) its equitable distribution of the martial estate; (4) precluding the parties from taking Child to Lebanon; and (5) ordering Husband to pay $40,000 of Wife's attorney's fees. Wife cross appeals, asserting the family court erred in (1) its equitable distribution of the martial estate; (2) the amount of visitation awarded to Husband; (3) awarding Husband medical decision making authority for Child; and (4) failing to award Wife fees for defending Husband's motion for reconsideration. |
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12:00 p.m. | (Time Limits: 15-15-5) |
2022-000544 Amanda J. Beach, Appellant,
v.
Daniel A. Beach, Respondent. Michael Benjamin Smith, of Morton & Gettys, LLC, of Rock Hill, for Appellant. Thomas M. Neal, III, of Law Offices of Thomas M. Neal, III, of Columbia; and April Dawn Porter, of Law Office of April D. Porter, P.C., of Chester, both for Respondent. Amanda Beach (Mother) appeals a family court order granting a portion of her requested attorney's fees. On appeal, Mother argues the family court erred in (1) considering the financial impact of an attorney's fees award on the parties when determining whether to award attorney's fees and the amount of a reasonable award, and (2) denying her motion to alter or amend the judgment. |
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Wednesday, October 11, 2023 | |
Courtroom II
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11:20 a.m. | (Time Limits: 10-10-5) |
2021-000078 East Cherry Grove Co., LLC and Ray & Nixon, LLC, Respondents,
v.
State of South Carolina, South Carolina Department of Health and Environmental Control, and Matt Leonhard, Defendants,
Of whom The State of South Carolina is the Appellant. Attorney General Alan McCrory Wilson, Solicitor General Robert D. Cook, and Deputy Solicitor General J. Emory Smith, Jr., all of Columbia, for Appellant. Gene McCain Connell, Jr., of Kelaher Connell & Connor, PC, of Surfside Beach, for Respondents. The State of South Carolina appeals the circuit court's order finding East Cherry Grove Co., LLC and Ray & Nixon, LLC (collectively, Respondents) owned two respective parcels of real property consisting of tidelands in North Myrtle Beach. The State argues the circuit court erred by (1) misapplying the law of the case doctrine by applying a decision from an entirely different suit; (2) misapplying the law of the case doctrine by applying an order that did not decide the issues presented in this case; (3) applying the standard of proof of preponderance of the evidence instead of clear and convincing evidence; (4) determining Respondents own the entirety of the property described as TMS 145-00-01-001 when they presented no evidence they owned an area of the tract referred to as "the pig's ears" and "dome of the pig's head"; (5) determining Respondents own the entirety of TMS 145-00-01-001 when such maps failed to meet standards set forth by this court for the specificity of tidelands conveyances; (6) failing to use and apply the plat of Russ Courtney instead of the overlays prepared by Respondents' expert's office because the Courtney plat was much more consistent with the specificity and evidence required by the appellate courts, including similarity to the original 200 acre Morrall grant; (7) improperly relying on the testimony of the title opinion expert about the general area of TMS 145 00 01 001 when he was not a surveyor and could not override the testimony of the two surveyors; and (8) failing to clarify that only the State controls navigable waterways. |
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12:00 p.m. | (Time Limits: 15-15-5) |
2020-001437 Peter D. Protopapas, as Receiver for Covil Corporation, Respondent,
v.
Wall, Templeton & Haldrup, P.A.; Sentry Casualty Company; United States Fidelity And Guaranty Company; Zurich American Insurance Company, Defendants
of which
United States Fidelity and Guaranty Company is the Appellant. Matthew Todd Carroll, of Womble Bond Dickinson (US) LLP, of Columbia; Mary Elizabeth O'Neill, of Womble Bond Dickinson (US) LLP, of Charlotte, NC; Andrew T. Frankel, of New York, NY; and Mary Beth Forshaw, of New York, NY, all for Appellant. Mark Weston Hardee, of The Hardee Law Firm, of Columbia; Jescelyn Tillman Spitz, of Rikard & Protopapas, LLC, of Columbia; and G. Murrell Smith, Jr., Shanon N. Peake, and Jonathan M. Robinson, all of Smith Robinson Holler DuBose Morgan, LLC, of Columbia, for Respondents. Robert G. Rikard, of Rikard & Protopapas, LLC, of Columbia, for Respondent Covil Corporation. Ashley K. Brathwaite, of Ellis & Winters LLP, of Raleigh, NC, for Respondent Covil Corporation. In this ongoing asbestos litigation, USF&G appeals the circuit court's order clarifying the status of a receivership. USF&G challenges the circuit court's finding that no version of S.C. Code section 33-44-107's statute of repose precludes an asbestos personal injury plaintiff from bringing claims against Covil Corporation. |
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Cases to be Submitted Without Oral Argument | |
2022-000284 |
Bryan Lee Roeker, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000788 |
The State, Respondent,
v.
Jerome Smith, Appellant.
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2021-000752 |
The State, Respondent,
v.
Michael Tirrell Means, Appellant.
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2021-000674 |
The State, Respondent,
v.
Nikeen D'Aundre Johnson, Appellant.
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2021-000521 |
The State, Respondent,
v.
Corey Rashad Brown, Appellant.
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2021-000933 |
The State, Respondent,
v.
Michael Anthony McNeil, Appellant.
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2021-001017 |
The State, Respondent,
v.
Kristy Olympia Davis, Appellant.
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2019-000396 |
Harold Jones, Jr., Petitioner,
v.
State of South Carolina, Respondent.
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2021-000927 |
The State, Respondent,
v.
Damion Shantell Mayers, Appellant.
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2019-001683 |
The State, Respondent,
v.
Robert Wayne Eaves, Appellant.
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2021-001501 |
The State, Respondent,
v.
Christopher Lee Briggs, Appellant.
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2021-000749 |
The State, Respondent,
v.
David L. Hill, Jr., Appellant.
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2021-001467 |
Gerald Sanders, Petitioner,
v.
State of South Carolina, Respondent.
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2022-000113 |
Ray D. Fowler, Appellant,
v.
Pilot Travel Centers, LLC d/b/a Pilot Flying J- 3008 Charleston Highway, Cayce, South Carolina, Myra Lashay Dixon, T.J. Jarre Bates, and Rico Shamar Sellers, Defendants,
Of whom Pilot Travel Centers, LLC and Myra Lashay Dixon are Respondents.
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2021-000579 |
The State, Respondent,
v.
Donald Dayquan Smith, Appellant.
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2021-000485 |
The State, Respondent,
v.
Levy Larkin Brown, Appellant.
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2021-000967 |
The State, Respondent,
v.
Jaden Imarion Gary, Appellant.
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2022-001083 |
John D. Lane, Petitioner,
v.
State of South Carolina, Respondent,
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2021-000112 |
Arthur J. Graveline, Respondent,
v.
Brenda Gorski, Appellant.
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2021-000628 |
The State, Respondent,
v.
Fredrick Williams, Appellant.
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