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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.
Monday, November 7, 2005
Courtroom I
(Court convenes at 2:00 p.m.)
 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
13853   Elwood Porter Tomlinson and Frances Goins Tomlinson, Respondents v. Kenneth B. Mixon d/b/a Pavillion Custom Homes and All American Homes of NC, LLC., Defendants, Of Whom All American Homes of NC, LLC. is the Appellant.

Robert Walton Buffington, of Columbia, for Appellant. Eric Steven Bland, of Columbia, and Ronald L. Richter, Jr., of Charleston, for Respondents.

In this civil action the jury returned verdicts in favor of Respondents on the breach of contract claim for $46,146.00 and the negligent misrepresentation claim for $73,416,67. The circuit judge denied a motion by Appellant to require Respondents to elect remedies. Respondents and Appellant differ in regard to whether the verdicts on the separate causes of action involve separate facts and circumstances or a single set of facts and a single injury.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
13691   The State, Respondent v. Kevin Covert, Appellant.

Katherine Carruth Link, of West Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, of Columbia, and Solicitor Robert M. Ariail, of Greenville, for Respondent.

Covert appeals from a jury verdict finding him guilty of trafficking in cocaine and possession with intent to distribute cocaine in proximity of a school arguing, (1) the trial court erred in denying the defense's motion to suppress evidence and in accepting as court's exhibit #1 documents submitted by the State, (2) the trial court abused its discretion in refusing to grant a mistrial after co-defendant's counsel made a prejudicial statement in his closing argument, (3) the trial court erred in not sustaining the defense objections to the solicitor's improper closing argument, (4) the verdict form, the charge, and the explanation of the verdict form denied Covert a fair trial, and (5) the cumulative effects of the errors in issues 2, 3, and 4 were so prejudicial that Covert was denied due process.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
13653   The State, Respondent v. Paul Mazzell, Appellant.

Michael W. Sautter and O. Grady Query, of Charleston, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, of Columbia, and Solicitor Ralph E. Hoisington, of Charleston, for Respondent.

Mazzell appeals from a denial of his motion for new trial arguing, (1) the trial court abused its discretion in denying Mazzell's motion for a new trial, (2) the after discovered evidence shows that Mazzell did not murder Ricky Seagraves, (3) the State's suppression of the pre-trial statements of William Poindexter and Lisa Hogg, along with SLED's loss of the investigative file, mandate a new trial, (4) the new evidence, coupled with the polygraph evidence, show that Mazzell did not kill Ricky Seagraves, and (5) the trial court erred by not granting Mazzell's alternative request for issuance of the writ of habeas corpus on the grounds that the new evidence shows that the Appellant was denied fundamental fairness.

 4:15 p.m. (Time Limits: 10 - 10 - 5 )  
13719   John Doe, Appellant v. Gedney M. Howe, III, and Gedney M. Howe, II, P.A., Respondents.

Desa A. Ballard, of West Columbia, for Appellant. M. Dawes Cooke Jr. and James H. Elliott Jr., of Charleston, and A. Camden Lewis, of Columbia, for Respondents.

This is an action for legal malpractice and breach of fiduciary duty arising out of the respondents' representation of the plaintiff, John Doe, in a claim for sexual abuse against his abusers and other tortfeasors. Doe appeals the grant of summary judgment to the respondents arguing (1) the evidence, when taken in the light most favorable to Doe, supports an inference that his sexual abuse claim was not barred by the statute of limitations, (2) the evidence, when taken in the light most favorable to Doe, supports his right to recover for breach of fiduciary duty, (3) Doe's expert testimony created a genuine issue of material fact precluding summary judgment, and (4) the trial judge erred in failing to recuse himself.

Tuesday, November 8, 2005
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
13664   The State, Respondent v. Earnetta Marie King, Appellant.

Assistant Appellate Defender Robert M. Dudek, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Derrick K. McFarland, of Columbia, and Solicitor Robert M. Ariail, of Greenville, for Respondent.

In this murder case, Appellant posits three issues: (1) whether the circuit judge abused his discretion by refusing to admit a letter co-defendant Patrick Walker wrote to Mesha Thomason allegedly involving statements that were inculpatory of his guilt in killing the decedent; (2) whether the judge abused his discretion by refusing to allow Mesha Thomason to testify, and thereby admit Walker's inculpatory letter into evidence since Thomason was present in the courtroom and prepared to tesify before Appellant had rested her case; and (3) whether the judge violated Rule 106, SCRE, by instructing the jury to disregard testimony on cross-examination that Appellant gave the police a written statement in which she stated that co-defendant Walker beat her son, that she tried to stop him and that she sustained injuries.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
13849   John Bass, Jr., Employee, Respondent v. Kenco Group, Employer, and Zurich American Insurance Company, Carrier, Appellants.

Darryl D. Smalls, of Columbia, for Appellants. Hyman S. Rubin, Jr., of Columbia, for Respondent.

In this workers' compensation case, the appellate entity reviews the following issues: (1) disputation of Appellants and Respondent in regard to the proper standard of review; (2) did the circuit court err in upholding an award of permanent partial disability under S.C.Code Ann. Section 42-9-20; (3) did the circuit court err in upholding Respondent's right to elect an award under Section 42-9-20 rather than under Section 42-9-30 because Respondent suffered more than one covered injury as a result of an accident; (4) did the circuit court err in prohibiting a deduction of the partial disability payments from the total disability award; (5) did the circuit court err in affirming an award of benefits for past and future psychiatric and psychological treatment; and (6) did the circuit court err in awarding Respondent permanent partial disability benenfits.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
12820   The State, Respondent v. Judy Martin, Appellant.

Assistant Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Sr. Assistant Attorney General Norman Mark Rapoport, of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

Appellant in this case pled guilty to voluntary manslaughter as a lesser-included offense to murder in connection with the shooting death of her husband, a former deputy sheriff. The issues before the court in this appeal are (1) whether the sentencing judge, in determining Appellant's eligibility for parole, applied the correct burden of proof regarding her presentation of credible evidence of a history of criminal domestic violence suffered at the hands of the victim, and (2) whether the sentencing judge, in determining Appellant's eligibility for parole, incorrectly required her to prove the incident leading to the fatal shooting of the victim resulted from domestic violence.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
11751   The State, Respondent v. Charles Donnell Dublin, Appellant.

Acting Chief Attorney Joseph L. Savitz, III, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General William Edgar Salter, III, of Columbia, and Solicitor Barbara R. Morgan, of Aiken, for Respondent.

Appellant was convicted of murder, assault and battery with intent to kill, armed robbery, attempted armed robbery, and possession of a firearm during the commission of a violent crime. The issues before the court in this appeal are (1) whether the State's elicitation of testimony concerning Appellant's prior bad acts was improper and (2) if improper, whether the prejudicial impact outweighed its probative value.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
13826   Phyllis J. Lukich, Appellant v. George Peter Lukich, Respondent.

Margaret D. Fabri, of Charleston, for Appellant. Peter D. DeLuca, Jr., of Goose Creek, for Respondent.

In this domestic case, Wife appeals the family court order barring her from using an annulment as a defense against her Husband's complaint to void their marriage on grounds of bigamy. Wife also appeals the family court's failure to sanction Husband for contempt of a temporary order of support.

Wednesday, November 16, 2005
Courtroom I
(Court convenes at 3:15 p.m.)
 3:15 p.m. (Time Limits: 10 - 10 - 5 )  
13577   Toni E. Cooke, Appellant v. Richard C. Cooke, Respondent.

Evander G. Jeffords, of Florence, and John S. Nichols, of Columbia, for Appellant. George M. Hearn, Jr., of Conway, for Respondent.

In this domestic action, Wife appeals asserting the family court erred in (1) finding only half of the death benefits from an insurance policy on the Husband's father was marital property; (2) finding the Husband used certain funds to pay the 2000 joint income tax liability; (3) awarding the Wife only 45% of the marital estate; and (4) awarding the Wife only $15,000 in attorney fees and $15,000 towards her expert witness fees.

Tuesday, November 8, 2005
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
13827   The Gatherings Horizontal Property Regime, Respondent v. Bobby S. Williams, Appellant.

Anthony Eric Griffis and Sean Michael Bolchoz, of Hilton Head Island, for Appellant. Sonja Friedman and Edward E. Bullard, of Hilton Head Island, for Respondent.

Asks whether the circuit court erred by ordering a new trial in magistrate's court because the tape of the original trial was unavailable for transcription, thereby allegedly preventing Williams from completing the record on appeal.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
13748   2003-CP-23-2255 Sharon Peake, as Special Conservator for her daughter, Audra Brockman, Appellant v. ATC, Inc., Transportation Management Services, Inc., and Multisystems, Inc., Respondents.______________________2003-CP-23-2256 Sharon Peake, as Special Conservator for her daughter, Audra Brockman, Appellant v. Calvin Murray, Respondent.

John Robert Peace, of Greenville, for Appellant. Michael H. Montgomery, of Columbia, and Maureen Z. White, of Greenville, for Respondents.

This is a negligent supervision case presenting the issue of whether an employer had adequate notice of its need to exercise control over an employee who sexually assaulted a disabled female passenger on a bus.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
13795   The State, Respondent v. Dale Bruce Jenkins, 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 Senior Assistant Attorney General Harold M. Coombs, Jr., of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent.

In this criminal case, the defendant argues his constitutional right not to testify was violated by the solicitor's closing argument.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
13845   David Browder, Respondent v. Ross Marine, LLC, Swygert Shipyards, Inc., Arthur R. Swygert, Jr., and Arthur R. Swygert, Sr., Appellants.

William A. Scott, of Charleston, for Appellants. Michael W. Sautter, of Charleston, for Respondent.

In this case slated for arbitration, the court reviews a denial of injunctive relief. Appellant argues the trial court erred in finding a law firm did not have a conflict of interest based on its prior representation of one of the defendants.

 12:30 p.m. (Time Limits: 10 - 10 - 5 )  
13741   The State, Respondent v. Otis James Compton, Appellant.

Assistant Appellate Defender Robert M. Dudek, of Columbia, and Ernest Charles Grose, Jr., of Greenwood, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Jeffrey A. Jacobs, of Columbia, and Solicitor Jerry W. Peace, of Greenwood, for Respondent.

Presents interesting questions about the consequences of a plea agreement and whether it amounted to an immunity agreement, and whether certain statements should be suppressed because of a violation of Compton's right to counsel.

Wednesday, November 9, 2005
Spartanburg County Courthouse-West Courtroom
(Court convenes at 10:15 a.m.)
 10:15 a.m.           To be heard jointly with Case Number 13850 (Time Limits: 10 - 10 - 5 )  
13847   Teddy Walls, formerly d/b/a Crafts Unlimited, Appellant/Respondent, v. Reed Porter & RAF, LLC, Respondent/Appellant.

Weston Trey Merck, of Piedmont, for Appellant-Respondent. Thomas Elihue Dudley, III, of Greenville, for Respondents-Appellants.

In these related cases, contractor Teddy Walls appeals the trial court's dismissal of his mechanic's lien actions for failing to file his notices and certificates of mechanic's lien and foreclosure actions where the notices and actions were erroneously brought in the name of Crafts Unlimited Contractors, Inc., a corporation Walls formed after entering into the construction contracts. Reed Porter & RAF, LLC and Ryan Arnold and Red Brick Cafe, Inc., filed cross-appeals asserting the trial court erred in denying their requests for attorney's fees.

 
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
13850   Teddy Walls, formerly d/b/a Crafts Unlimited, Appellant/Respondent v. RAF Enterprises of Greenville, LLC, Ryan Arnold, Red Brick Caf'e, Inc., and Synovus Financial Corp. d/b/a The National Bank of South Carolina, Defendants, of whom RAF Enterprises of Greenville, LLC, Ryan Arnold, Red Brick Caf'e, Inc. are, Respondents/Appellants.

Weston Trey Merck, of Piedmont, for Appellant-Respondent. Thomas Elihue Dudley, III, of Greenville, for Respondents-Appellants.

 
 11:00 a.m.           To be heard jointly with Case Number 13659 (Time Limits: 10 - 10 - 5 )  
13599   Tawanda Simpson, Respondent v. World Finance Corporation of South Carolina and World Acceptance Corporation, Appellants.

Judson K. Chapin, III, of Greenville, for Appellants. Rhett D. Burney, of Laurens, and Matthew Price Turner, of Laurens, for Respondent.

In these actions to recover damages arising out of alleged misuse of Respondents' personal financial information by Appellants' former employees, Appellants appeal the circuit court's order denying their motions to compel arbitration.

 
 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
13659   Richard Aiken, Respondent v. World Finance Corporation of South Carolina & World Acceptance Corporation, Appellants.

Judson K. Chapin, III, of Greenville, for Appellants. Rhett D. Burney, and Matthew P. Turner, of Laurens, for Respondent.

 
 1:30 p.m. (Time Limits: 10 - 10 - 5 )  
13573   IN THE MATTER OF BETSY M. CAMPBELL AND ROBERT S. CAMPBELL, JR. Mary Schuyler Campbell, Respondent v. Betsy M. Campbell and Robert S. Campbell, Jr., of whom Betsy M. Campbell is the Appellant.

R. David Massey and E. Zachary Horton, of Greenville; James R. Thompson and William E. Winter, Jr.,of Gaffney, for Appellant. Randall S. Hiller, of Greenville, for Respondent.

This appeal stems from an action filed in probate court in which a daughter sought to be appointed as conservator of her mother's assets. The probate court judge issued an order appointing two physicians, Dr. Edwards and Dr. Cathcart, as the examiners of the mother, and thereafter found the mother was competent to handle her own financial affairs. Daughter appealed to the circuit court, which set aside the final order on the merits as well as the order appointing the examiners. The circuit court also recused the probate court judge from the case and transferred the matter to Spartanburg County. Mother appeals.

 
 2:15 p.m. (Time Limits: 10 - 10 - 5 )  
13851   The State, Respondent v. John J. Rivera, Appellant.

Jessica Ann Salvini, of Greenville, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Senior Assistant Attorney General Harold M. Coombs, Jr., of Columbia, for Respondent.

Rivera appeals his convictions for criminal sexual conduct with a minor and committing a lewd act upon a child, arguing the trial court erred in: (1) denying Rivera's motion to sever the charges; (2) denying Rivera's requested voir dire question; (3) admitting the testimony of two witnesses pursuant to Rule 801(d)(1)(B), SCRE; (4) admitting a statement the victim made to a physician under Rule 803(4), SCRE, and (5) denying Rivera's motion for mistrial.

 
Thursday, November 10, 2005
Spartanburg County Courthouse-West Courtroom
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
13699   J. Carrol Rushing, Individually and on behalf of Pentaura, Ltd., Inc., Rushing-Marlow Properties, Inc. and Shasta Enterprises, LLC, Appellant, v. Larry A. McKinney, Ivan Block and Jeffery J. Weiss, and Pentaura Ltd., Inc., Respondents.

J. Richard Kelly and Seann Gray Tzouvelekas, of Greenville, for Appellant. Mason A. Goldsmith, of Greenville, for Respondents.

In this corporate litigation, Rushing appeals the circuit court's finding that he was not entitled to relief under any of the causes of action against individual Respondents McKinney and Block. He argues the court erred in: (1) finding McKinney and Block were not barred from denying liability under equitable and promissory estoppel; (2) finding Rushing was not entitled to assert estoppel to defeat the Statute of Frauds; (3) finding Rushing failed to prove a contract was created between the parties; (4) finding any alleged contract formed was unenforceable under the Suretyship Provision of the Statute of Frauds; (5) finding Rushing's claims were barred by statute; (6) finding the individual respondents were not responsible to repay the corporation for payments made to the bank; and (7) finding some of Rushing's claims were barred by the statute of limitations.

 
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
13496   Terry Stokes, as Personal Representative of the Estate of Jennings E. Stokes, Appellant v. Spartanburg Regional Medical Center; and Robert A. Cochran, Jr., M.D., and David C. Hull, M.D., each individually and as Agents/Employees of Hull, Green, Woods, Cochran and Woollen; and Hull, Green, Woods, Cochran and Woollen; and John Graham, CRNA, Defendants, of whom Spartanburg Regional Medical Center is Respondent.

Kristi F. Curtis, David W. Goldman, and Diane M. Rodriguez, of Sumter, for Appellant. Perry Boulier and Ginger D. Goforth, of Spartanburg, for Respondent.

In this medical malpractice action, Stokes argues the trial court erred by failing to instruct the jury on "spoilation of evidence" because certain medical records were missing and defense counsel did not object to the proposed instruction.

 
 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
13754   Sharon K. Peek, M.D., Respondent v. Spartanburg Regional Healthcare System, Appellant.

Perry D. Boulier, of Spartanburg, for Appellant. James C. Cothran, Jr., of Spartanburg, for Respondent.

Spartanburg Regional appeals the circuit court's grant of an injunction in favor of Dr. Peek pending resolution on the merits in a contract dispute between the hospital and an anesthesiologist.

 
 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
13683   Beth Ellen Levine, M.D., Respondent v. Spartanburg Regional Services District, Inc., and Foothills Anesthesia Consultants, Appellants.

H. Spencer King and T. Alexander Evins, of Spartanburg, for Appellant Foothills Anesthesia Consultants. Perry Boulier, of Spartanburg, for Appellant Spartanburg Regional Services District, Inc. A. Camden Lewis, of Columbia, and Michael Eugene Spears, of Spartanburg, for Respondent.

Spartanburg Regional and Foothills Anesthesia appeal the circuit court's grant of an injunction in favor of Dr. Levine pending resolution on the merits in a contract dispute between the hospital and an anesthesiologist.

 
Cases to be Submitted Without Oral Argument
13598    The Chase Manhattan Bank, successor by merger to Chase Bank of Texas N.A. f/k/a Texas Commerce Bank N.A.; as Custodian, Respondent v. Renee C. Bailey, Commercial Credit Corporation, S.C. Electric and Gas co., and Inga Sander, Defendants, of whom Renee C. Bailey is the Appellant.

13630    The State, Appellant v. Roy Bailey, Respondent.

13654    The State, Respondent v. Christopher Dale Stepp, Appellant.

13655    Sandra Crowder, Appellant v. Raymond E. Franklin; Laurens County Sheriff's Department; and County of Laurens, Respondents.

13692    The State, Respondent v. Rodriques Montez Pickens, Appellant.

13700    Robert Calvin Vaughn, by Faye Vaughn, Respondent v. Salem Carriers, Employer and Virginia Surety Company, Carrier, Appellants.

13720    Patsy Arledge, Respondent v. Norma Jean Hubbard, Appellant.

13722    David R. Underwood, Appellant v. Laurine H. Coponen, Carolyn T. Webb, as Personal Representative of the Estate of Ansel B. Taylor, and County of Greenville, Defendants, Of Whom Carolyn T. Webb, as Personal Representative of the Estate of Ansel B. Taylor is the Respondent.

13735    The State, Respondent v. Retrice Lamont Funderburk, Appellant.

13743    The State, Appellant v. Thomas Andrew Pate, Respondent.

13744    The State, Respondent v. Patrick Walker, Appellant.

13764    Waymon Hendrix, Employee, Appellant v. J.D. Hollingsworth, Employer, and Hartford Underwriters Ins. Co., Carrier, Respondents.

13771    Aiken Technical College, Appellant v. Two State Construction Co., Inc., LS3P Associates, LTD., Buford Goff Company, Columbia Sheet Metal, Inc., Johnson Controls, Inc., and John Doe., Respondents

13777    The State, Respondent v. Terrance V. Smith, Appellant.

13798    Ex Parte: A-1 Bail Bonding Company (Surety), Appellant, In Re: State of South Carolina, Respondent v. Fredrick Larue, Defendant.

13802    Theodore Thomas Robinson, Appellant v. Christina Margaret Robinson, Respondent.

13808    Michelle Tower, Appellant v. SC Department of Corrections, Employer, and State Accident Fund, Carrier, Respondents.

13813    Charles E. McMillan, Appellant v. Peter J. Evans d/b/a Stella Nova, Respondent.

13843    Michael Roy Didato, Appellant v. Palmeteto Bay Owners Association, Inc.; Palmetto Bay Horizontal Property Regime; Gregory A. Wynn; And, Eugene Kransinki; Matt Bricker; Diane Peterkin; Nora Bess, And Jeremy White, Individually And As Directors Of Palmetto Bay Horizonal Property Regime, Respondents.

13856    T.D. Williams, IV, Respondent v. South Carolina Department of Motor Vehicles, Appellant.

13861    The Pointes of Plantation Pointe Owners' Association, Respondent v. Donald L. Rockwell and Torrie N. Rockwell, Appellants.