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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, November 4, 2003 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11868 Troy K. Goodwin and Fonda E. Goodwin, Appellants v. Martha E. Johnson and Ernie Johnson, Respondents. Sean K. Trundy, of Pratt-Thomas, Epting & Walker, of Charleston, for appellants. Steven L. Smith and Wm. Mark Koontz, both of Smith, Collins & Newton, of Charleston, for respondents. This civil action involves whether the court of equity possesses plenary power to move the location of an existing easement by necessity.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
11866 G & P Trucking, Respondent v. Parks Auto Sales Service & Salvage, Inc., Appellant. Robert A. McKenzie and Gary H. Johnson, II, both of McDonald, McKenzie, Rubin, Miller & Lybrand, of Columbia, for appellant. Stephen E. Darling, of Haynsworth, Sinkler & Boyd, of Charleston, for respondent. This appeal involves a claim for contribution under the Uniform Contribution Among Tortfeasors Act, S.C. Code Ann. §§ 15-38-10 through –70 (Supp. 2002).
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
11831 Waldo W. Smith and Betty J. Smith, Appellants v. Samuel M. Dinger, Respondent. J. Ray Westmoreland, of Hilton Head Island, for appellants. John R.C. Bowen, of Laughlin & Bowen, of Hilton Head Island, for respondent. This civil action involves whether the Master-in-Equity erred in finding that appellants’ conduct in first leasing and then purchasing a condominium unit with a clearly visible ventilation system running through it constituted waiver of appellants’ rights to later complain that the ventilation system constituted a trespass.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
11882 James C. Thornton, M.D., Respondent v. Trident Medical Center, L.L.C., d/b/a Trident Medical Center, Appellant. Allan L. Shackelford, of Greensboro; and James L. Gale, of Raleigh, both of NC, for appellant. G. Dana Sinkler, of Warren & Sinkler, of Charleston, for respondent. This case involves whether the FAA controls in regard to the efficacy of an arbitration clause in the employment relocation of a cardiovascular surgeon from Michigan to South Carolina thereby affecting interstate commerce.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
11892 The State, Respondent v. Anthony Jerome Brown, Appellant. Assistant Appellate Defender Eleanor Duffy Cleary, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Senior Assistant Attorney General Norman M. Rapoport, all of Columbia; and Solicitor Ralph E. Hoisington, of Charleston, for respondent. This criminal case involves the consideration of identification testimony under a show-up identification scenario.
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Wednesday, November 5, 2003 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11199 The State, Respondent v. Virginia Burgess, Appellant. Deputy Chief Attorney Joseph L. Savitz, III, and Senior Assistant Appellate Defender Wanda H. Haile, both of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Sr. Assistant Attorney General William Edgar Salter, III, all of Columbia; and Solicitor Cecil Kelley Jackson, of Sumter, for respondent. Burgess appeals her convictions for murder and possession of a weapon, arguing the trial judge erred in failing to order a psychiatric evaluation to determine her competency to stand trial.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
11617 The State, Respondent v. Benny Sampson Richardson, Jr., Appellant. Tara Shurling, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Edgar Lewis Clements, III, of Florence, for respondent. In this criminal appeal, Richardson contends the trial court erred (1) in ruling some of his peremptory strikes were exercised improperly, and (2) in limiting his cross-examination of the victim.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
10244 Richard N. Kennedy, Appellant v. Scott Edward Griffin and Dick Simon Trucking, Inc., Respondents. Kenneth L. Holland, of Gaffney, for appellant. William S. Brown, of Nelson, Mullins, Riley & Scarborough, of Greenville, for Respondents. Kennedy appeals arguing the admission of routine blood test results taken after his auto accident to prove his negligence per se were prejudicial to him.
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2:00 p.m. | (Time Limits: 20 - 20 - 10 ) |
11679 Edward D. Sloan, Jr., individually, and as a Citizen, Resident, Taxpayer and Registered Elector of Greenville County, and on behalf of all others similarly situated, Appellant-Respondent v. Greenville County, a Political Subdivision of the State of South Carolina, Dozier Brooks, Scott Case, C. Wade Cleveland, Bob Cook, Joseph Dill, Lottie Gibson, Allen "Bunk" Johnson, Mark C. Kingsbury, Xanthene Norris, Stephen Selby, and Dana Sullivan, Paul B. Wickensimer in their official capacity as Greenville County Council Members, Respondents-Appellants. James G. Carpenter and Jennifer J. Miller, both of the Carpenter Law Firm, of Greenville, for appellant-respondent. Boyd B. Nicholson, Jr., and Thomas H. Coker, Jr., both of Haynsworth, Sinkler & Boyd, of Greenville, for respondents-appellants. This civil action involves a taxpayer challenging Greenville County’s procurement of design-build services. Several cases are consolidated and involve the county’s use and application of its procurement procedures relating to: (1) a proposal (RFP) by Modern Continental South, Inc.; (2) the Roads Paving Program; and (3) the Forensic Lab Project.
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Thursday, November 6, 2003 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11592 United Services Automobile Association, Respondents v. Lesli Litchfield and Vernon Litchfield, Appellants. Carl H. Jacobson, of Uricchio, Howe, Krell, Jacobson, Toporek, Theos & Keith, of Charleston, for appellants. William O. Sweeny, III, and William R. Calhoun, Jr., both of Sweeny, Wingate & Barrow, of Columbia, for respondents. This case involves the issue of whether an insured is entitled to reformation of an insurance contract to include UIM coverage. The insured, who previously carried but later dropped UIM coverage with the insurer, asserts insurer never made a meaningful offer of UIM coverage. Insurer asserts it was not required to make a new offer after insured dropped the UIM coverage, and its initial offer was meaningful.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
11608 Jerry Meehan, Appellant v. Mary Elizabeth Meehan, Paul Embler, Richard J. Hurst, William L. Hendrix, Jr., Betty H. Deal, Robert K. Hendrix, Virginia H. McEntyre, First Baptist Church of Pendleton, First Baptist Church of Twin Falls, Idaho, First Baptist Church of Anderson, J. Louie Hendrix, Diane Hendrix, F. Ben Hendrix, Jr., Barbara E. Beach, of whom J. Louie Hendrix, Paul Embler and Barbara Beach are Respondents, In the matter of: Sammie Bruce, Deceased. J. Calhoun Pruitt, Jr., of Pruitt & Pruitt, of Anderson, for appellant. Michael F. Mullinax, of Anderson, for respondents. This case involves whether a conformed copy of a will should be admitted to probate.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
11778 The State, Respondent v. William Patrick Floyd, Appellant. Jack B. Swerling, of Columbia, for appellant. General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Melody J. Brown, all of Columbia; and Solicitor Thomas E. Pope, of York, for respondent. William Patrick Floyd appeals his convictions for murder and possession of a firearm during commission of a violent crime, alleging error in various evidentiary rulings and jury instructions.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
11784 John Doe, Appellant v. Courtney M. Fisher, M.D., Respondent. Gary Lane Cartee, of N. Charleston, for appellant. Elliott T. Halio, of Halio & Halio, of Charleston, for respondent. Patient sued his former physician following a failed surgery; the jury found for the physician. Patient appeals, contending that the trial court erred in preventing him from arguing in the closing argument that the physician had falsified the record.
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12:30 p.m. | (Time Limits: 10 - 10 - 5 ) |
11790 City of Myrtle Beach, Appellant v. South Carolina Department of Transportation, and Topp, Inc., d/b/a Mr. Sub, Respondents. Charles B. Jordan, Jr., of Van Osdell, Lester, Howe & Jordan, of Myrtle Beach, for appellant. John B. McCutcheon, Jr., Mary Ruth Baxter and Arrigo P. Carotti, all of McCutcheon, McCutcheon & Baxter, of Conway; and Howell V. Bellamy, Jr, and Rob Shelton, of Myrtle Beach, for respondents. In this declaratory judgment action, the master ruled the South Carolina Department of Transportation (SCDOT) was authorized by S.C. Code Ann. § 57-25-190(E) (Supp. 2002) to relocate a non-conforming sign owned by Topp, Inc, d/b/a Mr. Sub, which absent the statute would lose its grandfathered status under the City of Myrtle Beach’s zoning ordinances upon relocation. The City appeals, arguing the SCDOT failed to fully comply with section 57-25-190.
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Tuesday, November 4, 2003 | |
Aiken County Judicial Center
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11721 Oscar Franklin DuBose, Jr., Respondent v. Kathy Sarnowski, f/k/a Kathy D. DuBose, Appellant. Jean Perrin Derrick, of Lexington, for appellant. Carolyn B. Steigner and Daun C. Steigner, both of Williams, Hendrix, Steigner & Brink, of Lexington, for respondent.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
11633 William G. Derrick, Respondent v. Holiday Kamper Company of Columbia d/b/a Holiday Kamper and Boats, and Outboard Marine Corporation d/b/a Chris Craft, Defendants, of whom Holiday Kamper Company of Columbia d/b/a Holiday Kamper and Boats is Appellant. Donald E. Rothwell, of Rothwell Law Firm, of Irmo, for appellant. John F. Hardaway, of Columbia, for respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
11985 Carl W. Bowman, Appellant v. Norma M. Bowman, Respondent. J. Mark Taylor and C. Vance Stricklin, both of Moore, Taylor & Thomas, of West Columbia; and Cynthia Barrier Castengera, of Newland, NC, for appellant. F. Glenn Smith, of Columbia, for respondent.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
11832 Nicholas N. Trivelas and Peggy Trivelas, Respondents v. South Carolina Department of Transportation, Appellant. William H. Davidson, II, Andrew F. Lindemann and James M. Davis, Jr., all of Davidson, Morrison & Lindemann, of Columbia, for appellant. Richard A. Harpootlian; and Leigh James Leventis, both of Columbia, for respondents.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
11762 Frances S. Smoak, as Personal Representative of the Estate of Curtis P. Smoak, and Frances S. Smoak, individually, Appellant v. Terry McCullough, Respondent. Kirby D. Shealy, III, of Baker, Ravenel & Bender, of Columbia, for appellant. Louis H. Lang, of Callison, Tighe & Robinson, of Columbia, for respondent.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
11884 Donnie L. Williams, Jr., Respondent-Appellant v. Pioneer Machinery, Inc., and Blount, Inc., Appellants-Respondents. Joel H. Smith, James T. Irvin, III, and Courtney Cooke Shytle, all of Nelson, Mullins, Riley & Scarborough, of Columbia, for appellants-respondents. J. Marvin Mullis, Jr., of Mullis Law Firm, of Columbia; and Frank Anthony Barton, of W. Columbia, for respondent-appellant.
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Wednesday, November 5, 2003 | |
Aiken County Judicial Center
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11817 The State, Respondent v. Reginald Stephens, Appellant. Assistant Appellate Defender Robert M. Dudek, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Barbara R. Morgan, of Aiken, for respondent.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
11758 Caroline Boyd and The Caroline Collection, Inc., Appellants v. Southern Bell Telephone Telegraph Company, Inc., aka BellSouth Telecommunications, Inc., now known as BellSouth, Respondent. J.D. Mosteller, III, of Barnwell; and Stephen A. Spitz, of Columbia, for appellants. Richard B. Ness, of Early & Ness, of Bamberg, for respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
11859 The State, Appellant v. Muttaquin Abdullah, a/k/a Clayton Pinckney, Respondent. Assistant Appellate Defender Aileen P. Clare, of SC Office of Appellate Defense, of Columbia, for respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Senior Assistant Attorney General Norman M. Rapoport; and Solicitor Warren Blair Giese, all of Columbia, for appellant.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
11554 Patricia A. Nicholson, Respondent v. Bobby A. Bannister, Appellant. H. Wayne Floyd, of W. Columbia, for appellant. John D. Elliott, of Columbia, for respondent.
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Cases to be Submitted Without Oral Argument | |
11595 |
Christine E. Ewing, Appellant v. Timothy R. Ewing, Respondent.
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11720 |
Mildred Green, Respondent v. Jason Fritz, Appellant.
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11728 |
The South Carolina Municipal Insurance and Risk Financing Fund, Respondent v. Telisa Amodio and J.D. Sanders, Defendants, of whom Telisa Amodio is the Appellant.
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11747 |
Jeffery Ray Addy, 126862, Appellant v. Attorney General of the State of South Carolina, Charles M. Condon, and Donald V. Myers, Solicitor, Eleventh Judicial Circuit, Respondents.
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11786 |
Alice C. Sims, Jr., Individually and in her capacity as Personal Representative of the Estates of Alice C. Sims, Sr., and Georgia Sheridan Sims, Respondent v. Ronald R. Hall, Appellant.
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11850 |
James Calvin Phillips, Sr., Rudelle C. Phillips, and James Calvin Phillips, Jr., Respondents v. Donna V. Phillips Cassidy, and Richard Allen Phillips, Appellants.
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11853 |
Carole B. Ardis, Respondent v. Phillip M. Ardis, Appellant.
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11862 |
REA Construction Company, Respondent v. Columbia Country Club, Appellant.
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11879 |
South Carolina Department of Social Services, Respondent v. Diana Holden and John Holden, and James Holden, DOB 3-7-89; Lawrence Holden, DOB 8-15-90; Antron Holden, DOB 9-19-92; Darnell Holden, DOB 11-1-93; and Angela Holden, DOB 11-11-94, Defendants, of whom Diana Holden and John Holden are the Appellants.
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11880 |
South Carolina Department of Social Services, Respondent v. Diana Holden, John Holden, and Diana Holden, DOB 07-21-97, Defendants, of whom Diana Holden and John Holden are the Appellants.
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11887 |
Kristin W. Hook, Respondent v. Stephen P. Bishop and Sarah A. Bishop, and Southtrust Mortgage Company, Defendants, of whom Stephen P. Bishop and Sarah A. Bishop are Appellants.
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11940 |
Metrac, Inc., Respondent v. The Martin Group, LLC, Tri-Star Contractors, Inc., and Wayne Raiford, Defendants, of whom The Martin Group, LLC, is Appellant-Respondent, and Tri-Star Contractors, Inc., is Respondent-Appellant.
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11954 |
David Thomas Walters, Appellant v. Margaret Smith Walters, Respondent.
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12281 |
The State, Respondent v. Terrion Warren, Appellant.
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