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.
Monday, November 6, 2006
Courtroom I
(Court convenes at 2:00 p.m.)
 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
14532   Law Firm of Paul L. Erickson, P.A., Appellant v. James R. Boykin and Mona S. Boykin, Respondents.

Paul L. Erickson, of Asheville, NC, for Appellant. Carolyn R. Hills, of Myrtle Beach, for Respondents.

Appellant claims the lower court erred in failing to give full faith and credit to a North Carolina judgment, accepting and entering an order drafted by the respondents' trial counsel, and failing to take judicial notice of additional filings from North Carolina and an affidavit from Paul L. Erickson.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
14576   The State, Appellant v. Craig Duval Davis, Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Deborah R.J. Shupe, of Columbia, and Solicitor John Gregory Hembree, of Conway, for Appellant. John S. Nichols, of Columbia, for Respondent.

Questions the propriety of the circuit court suppressing evidence seized pursuant to a search warrant based on an affidavit alleged to contain false information.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
14536   Thomas D. Jordan, Respondent v. Kelly Co, Inc., Employer/Appellant & Zenith Insurance Company, Carrier/Appellant.

Edwin P. Martin, Jr., of Columbia, for Appellants. James L. Hills, of Myrtle Beach, and David James Canty, of Myrtle Beach, for Respondent.

In this workers' compensation action, the appellants claim the circuit court erred in failing to find substantial evidence supported the Commission's finding that the claimant's heart attack was not compensable.

Tuesday, November 7, 2006
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14465   Marion L. Richardson, Appellant v. Colliers Keenan, Inc., Continental Of South Carolina, Inc. and John Doe, of whom Colliers Keenan, Inc. and Continental of South Carolina, Inc. are Respondents.

Donald E. Jonas and William Neal Lacy, of Columbia, for Appellant. Charles E. Carpenter, Jr., Carmen V. Ganjehsani, and W. Cliff Moore, III, all of Columbia, for Respondents.

Questions whether an enforceable contract for the sale of a parcel of real estate was entered into or whether a real estate agend violated his duties and prevented the making of the contract.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14506   South Carolina Department of Social Services, Respondent v. David Goodson, Angela Goodson, Defendants, of whom David Goodson is Appellant. IN RE: Timothy Goodson, David Goodson, Jr., Angelica Goodson, Minor children under the age of eighteen.

Robert E. Horner, of Columbia, for Appellant. Cherolyn Roselle Allen, of Columbia, for Respondent. Richland County CASA, of Columbia, for Guardian Ad Litem Jack Bonniville.

In this child abuse action, the Appellant avers that the Family Court erred in finding that he physically abused his eldest son and posed a substantial risk of abuse to his two younger children. Appellant contends the testimony supports his version of the events and that his actions do not rise to the level of abuse.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14596   Taylor, Cotton & Ridley, Inc., Respondent v. Okatie Hotel Group, LLC; The Devcon Group, Inc., SunTrust Bank, Savannah, N. A.; Capitol Materials of Savannah, Inc., Pro Slab, Inc. f/k/a OPP, Incorporated; Genco of Simpsonville, Inc., Imperial Marble Corporation; Turner Electrical of South Carolina, Inc., Cassidy of South Carolina, Inc., Cassidy O'Sullivan & Co.; Best Plumbing, Inc. and Malphrus Construction Company, Inc., Defendants, of whom Okatie Hotel Group, LLC is the Appellant.

W. Duvall Spruill, of Columbia, for Appellant. Marvin H. Dukes, of Beaufort, and John S. Nichols, of Columbia, for Respondent.

In this civil action, the Appellant argues that the Circuit Court erred in its disposition of the Respondent's action to enforce a mechanic's lien. Appellant further contends the Circuit Court erred in awarding attorney's fees and a specific percentage of interest to the Respondent.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
14574   Jeannie Stuart, Respondent v. William R. Stuart, Appellant.

C. Rauch Wise and Ted Ben Wyndham, both of Greenwood, for Appellant. T. Preston Reid and David Alan Wilson, both of Greenville, for Respondent.

In this divorce action, Husband claims the Family Court erred in finding a dental practice to be marital property, failing to give Husband credit for payments made on principal for marital property, awarding Wife attorney's fees, and awarding Wife alimony in the amount of $45,960 per year.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
14592   Annie Lee Jones, individually, and as Personal Representative Applicant for the Estate of Katherine Elaine Jones, deceased, and on behalf of her minor children and heirs Khadijah Jones, Keyia Sanders, Robert Canty and Da-Nayia Sailes, Appellant v. John or Jane Doe (unknown physician), Spartanburg Regional Medical Center, Respondents.

Theo W. Mitchell, of Greenville, for Appellant. Perry D. Boulier, of Spartanburg, for Respondents.

The plaintiff appeals a grant of summary judgment to the defendants in this medical malpractice case. The principal concerns in this appeal are (1) whether the trial court should have granted the plaintiff's motion for a continuance of the summary judgment hearing, and (2) whether the plaintiff presented sufficient admissible evidence to create a genuine issue of material fact as to whether the defendants deviated from the applicable standard of care.

Wednesday, November 8, 2006
Courtroom I
(Court convenes at 11:00 a.m.)
 11:00 a.m.           En Banc Proceeding (Time Limits: 10 - 10 - 5 )  
14667   Dan F. Williamson and Dan F. Williamson and Company, Respondents. v. Alfred C. Middleton, Petitioner.

James C. Parham, Jr., Patricia S. Revenhorst, and Wallace K. Lightsey, all of Greenville, for Petitioner Alfred C. Middleton. Desa A. Ballard, of West Columbia, for Respondents Dan F. Williamson and Dan F. Williamson and Company.

This is an En Banc review of Opinion Number 4135, filed July 10, 2006. Williamson argues that the circuit court erred in awarding attorney's fees to Middleton, or in the alternative, that the amount of fees awarded was unreasonable.

Thursday, November 9, 2006
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14564   The State, Appellant v. Kimberly Salters Mayzes and Charles T. Manley III, Respondents.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Harold M. Coombs, Jr., of Columbia, and Solicitor Donald V. Myers, of Lexington, for Appellant. Chief Attorney Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Respondents.

In this criminal action, the court analyzes whether the police improperly seized the defendants in violation of the Fourth Amendment.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14457   York Printing & Finishing, Inc. and Bonnie Watts, Respondents, v. Springs Industries, Inc., Appellant.

Benjamin A. Johnson and Stephen M. Cox, of Rock Hill, for Appellant. James A. Stuckey, Jr., and Christopher L. Murphy, of Charleston, for Respondents.

Springs Industries Inc. ("Springs") appeals a jury verdict for York Printing & Finishing, Inc. and Bonnie Watts (collectively "York Printing"). Springs argues the trial court erred in denying its motion for directed verdict and JNOV because (1) Springs owed no duty of care to York Printing and (2) York Printing put forth no evidence demonstrating Springs' negligent misrepresentation proximately caused York Printing's business failure. Springs also argues the trial court erred in denying its unclean hands defense.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14561   Kay P. Curry, Appellant v. Andrew Manigault d/b/a Manigault Estate Corporation, LLC, Respondent.

Mark W. McKnight, of Charleston, for Appellant. Morris A. Ellison, of Charleston, for Respondent.

Kay Curry appeals the master's order dismissing her foreclosure action against Andrew Manigault, d/b/a Manigault Estate Corporation, LLC, and denying her unjust enrichment claim. Curry argues the master erred in (1) refusing to admit a copy of a promissory note based on the "best evidence rule"; (2) finding Curry was not entitled to enforce a promissory note because she was not the "owner" of the note under the Uniform Commercial Code; and (3) denying Curry's unjust enrichment claim.

Thursday, November 9, 2006
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14548   N. Eugene Graham, Employee/Claimant, Respondent v. Avery Dennison, Employer, and Liberty Mutual Fire Insurance Co., Carrier, Appellants.

Clarke W. McCants, III, of Aiken, for Appellants. Kathryn Williams, of Greenville, for Respondent.

In this workers' compensation action, Appellants contend the Circuit Judge erred in concluding that the decision of the Appellate Panel of the Workers' Compensation Commission was not supported by substantial evidence and the Circuit Judge erred in concluding that the decision of the Appellate Panel was affected by errors of law.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14560   Cracker Barrel Old Country Store, Inc., Appellant v. J.C. Faw, Appellant, and Denny's Inc., Respondent.

Thomas L. Stephenson and Brian T. Price, of Greenville, for Appellants. William B. Darwin, Jr. and Robert M. Barrett, of Spartanburg, for Respondent.

Cracker Barrel and J.C. Faw appeal from the trial court's order granting summary judgment to Denny's Inc., in which the court held a deed restriction prohibiting the use of the burdened property for any "family style" or "sit down" restaurant prohibited Cracker Barrel from building and operating a restaurant on adjoining, unburdened property when the burdened property would be used for access to the restaurant.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14423   Samuel W. Rhodes, Jr. and Piedmont Promotions, Inc., Respondent, v. Marion L. Eadon, d/b/a C&B Fabrication, Appellant.

Charles E. Carpenter, Jr., Carmen V. Ganjehsani, and Catharine Garbee Griffin, of Columbia, for Appellant. Creighton B. Coleman, of Winnsboro, and Hoover C. Blanton, of Columbia, for Respondent.

Samuel Rhodes brought this action against Marion Eadon, as an individual, for the improper construction and installation of advertising billboards on Rhodes' real property located in Fairfield County. Eadon argues that the trial court should have transferred venue to the county of his residence, Clarendon County, as the action did not involve "injury to real property," but involved claims of breach of contract and negligence arising out of the alleged defective construction and installation of billboards. Eadon further asserts (1) the trial court erred in allowing a verdict against him as an individual when the contract was with a corporation; (2) the trial court erred in excluding evidence of Rhodes' "sham business," and (3) the trial court should have granted a new trial or a new trial nisi remittitur as to actual damages and denied an award of punitive damages.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
14550   Danny K. Wright, Respondent, v. Ralph C. Craft d/b/a Craft Auto Mart, Inc., Appellant.

Timothy G. Quinn, of Columbia, for Appellant. C. Steven Moskos, of Charleston, for Respondent.

In this civil action, the jury rendered the following verdicts: (1) Negligence-$25,578 actual damages and $12,789 punitive damages; (2) Unfair Trade Practices Act (UTPA)-$25,578 actual damages; (3) Motor Vehicle Dealer's Act (MVDA)-$51,156 statutorily doubled actual damages. The Circuit Judge mandated an election by the Respondent. The Respondent elected to proceed on the jury verdict for UTPA of $25,578 actual damages. Pursuant to section 39-5-140 of the South Carolina Code, the Circuit Judge trebled the UTPA verdict, thereby rendering a verdict in totality against the Appellant in the amount of $76,734. The Circuit Judge ordered the Appellant to pay the Respondent $70,650 as attorney's fees and $4,656.59 costs. On appeal, the parties posit multitudinous issues. The issues run the spectrum and gamut involving failing to preserve issues, directed verdict, judgment non obstante veredicto, motion for a new trial, an attack on the jury verdict in regard to an allegation of undue passion and prejudice, and other legal matters.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
14477   Donna Holcombe-Burdette, as Personal Representative of the Estate of Charles A. Burdette, Appellant v. Bank of America, successor by merger to Farmer's Bank of Simpsonville, and Bertha B. Bozeman, as Co-Trustees of Trust U/W/O Bernie W. Burdette fbo Helen B. Peters, Bertha B. Bozeman, Individually, Robert McPherson Burdette, Alice Diane Kervin, and George Benjamin Peters, Respondents.In Re: Last Will and Testament of Bennie W. Burdette

James B. Drennan, III, of Spartanburg, for Appellant. Laurel R. S. Blair, of Greenville, for Respondent Bank of America. R. O'Neil Rabon, of Greenville, for Respondents Robert Burdette, Alice Kervin, and George Peters. Bertha Bozeman, of Lexington, VA, Individually & Co-trustee of trust, pro se.

In this civil action, the Appellant avers that the Circuit Judge erred in ruling that Charles A. Burdette's estate is not entitled to a share of the Trust referenced by Item VIII(2)(d) of the Last Will and Testament of Bennie W. Burdette on the ground that Charles A. Burdette failed to satisfy conditions precedent set forth in the express terms of Item VIII(2)(d), rendering him ineligible.

Cases to be Submitted Without Oral Argument
14442    Mortgage Electronic Registration Systems, Inc., Appellant, v. Michael F. Parrott, Lenise M. Parrott, and Regions Bank, Respondents.

14469    The State, Respondent, v. Randy W. Joye, Appellant.

14473    Jack (NMN) Knight, Jr., Appellant, v. Debra Ann McAbee Knight, Respondent. In Re:Debra M. Knight,Plaintiff v. Jack Knight, Jr.,D efendent.

14475    Linda James and David James, individually and as parent and natural guardian of Meredith James, a minor under the age of 14, Respondents, v. Blue Cross Blue Shield of South Carolina, Appellant.

14497    Mark A. and Karyn M. Brinkley, Respondents, v. Gregory K. Martin, ASL, Inc., a'k'a All Saints Landing, a Corporation; Wayne Hucks, Danny T. and Deborah Carroll, and Ron Teague, Defendants, Of Whom Gregory K. Martin is the Appellant.

14499    James Floyd, Appellant, v. State Budget and Control Board, Respondent.

14500    Delphine Mitchell, Appellant, v. Florence County School District #1, Employer, and South Carolina School Board Insurance Trust, Carrier, Respondents.

14516    Brian Lancaster, d/b/a Lancaster Construction, Respondent, v. Launeil Sanders, Janneth E. Sanders and Founders Federal Credit Union, Defendants,of whom Launeil Sanders and Janneth E. Sanders are Appellants.

14517    Hattie O. Gordon, Appellant, v. William R. Tillman and Dan L. Tillman & Sons, Inc., Respondents.

14518    Henry Claude Dismuke, Jr., Respondent, v. South Carolina Department of Motor Vehicles, Appellant.

14519    Brendalee Ables, Appellant, v. Michael Gladden, Respondent.

14525    Khalid A. Muhammad, Respondent, v. Emerald M. Muhammad, Appellant.

14529    David Rhoad, Appellant, v. The State, Respondent.

14534    Timothy Murray,Claimant/Respondent, v. Avondale Mills, Employer/Appellant.

14535    J.H. Seale and Son, Inc., Respondents, v. Rhett Munn, individually, and Rhett Munn d/b/a Carolina Entertainment, Appellant.

14549    James Herbert Holliday, Appellant, v. Tiffany M. Holliday, Respondent.

14563    Brenda Jones, Appellant, v. Lake Daley, Respondent.

14566    The State, Respondent, v. Tony T-juan Sweet, Appellant.

14568    Gary Lee Willard, Claimant, Appellant, v. ASCO Valve Manufacturing, Employer, and Emerson Electric Company, Carrier, Respondents.

14569    Suzette Roberts Sladek, Appellant, v. Gerard Robert Sladek, Respondent.

14575    The State, Respondent, v. John H. Garvin, Appellant.

14579    The State, Respondent, v. Derek J. Brown, Appellant.

14580    The State, Respondent, v. Corey McKenzie Shelton, Appellant.

14582    The State, Respondent, v. James Pondesta White, Appellant.

14583    The State, Respondent, v. Scottie Robinson, Appellant.

14644    South Carolina Department of Social Services, Respondent, v. Valerie Vanessa Mathis Bell, Ronald Bell,and Hector Manuel Lopez, Jr. 02/27/91, Veronica Lee Bell 02/01/95, Defendants, of whom Valerie Vanessa Mathis Bell is Appellant.

14645    South Carolina Department of Social Services, Respondent, v. Melissa Dull and Henry Turner,and Christian Michael Turner, DOB: 10/30/92, James Henry Turner, DOB: 11/26/96, Defendants, of whom Melissa Dull is Appellant.