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.
Tuesday, November 6, 2007
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
15280   William R. Simpson, Jr, Appellant, v. Becky H. Simpson and Wade Ingle, Defendants, of whom Becky H. Simpson is the Respondent.

Steven S. McKenzie, of Manning, for Appellant. Jan L. Warner, James McLaren, and C. Dixon Lee, of Columbia, for Respondent.

In this case, the Court determines whether the family court erred in failing to disqualify itself after the court raised, sua sponte, the question of recusal.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
15390   John D. Peake, Appellant, v. South Carolina Department of Motor Vehicles, Respondent.

Timothy C. Kulp, of Charleston, for Appellant. Frank L. Valenta and Philip S. Porter, of Blythewood, for Respondent.

The direct and relevant issue involved in this appeal relates to the efficacy of section 56-5-2950 of the South Carolina Code of Laws.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
15433   The State, Respondent, v. Vernon Demars Tumbleston, Appellant.

Chief Attorney Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Julie M. Thames, of Columbia, and Solicitor Scarlett Ann Wilson, of Charleston, for Respondent.

In this criminal appeal, two issues are presented: (1) Did Appellant's four indictments, which alleged separate, undated events over the course of several years, not give him adequate notice of charges to prepare a defense; and (2) Did the circuit court err by denying Appellant's motion for a directed verdict, when the State's evidence was insufficient to show that Appellant committed the alleged offenses?

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
15354   RV Resort and Yacht Club Owners Association, Inc., Jean Littell, Kathy Fudge, Dwight Blakeslee, Herb Hook, Stan Bronson, Peg Bender, and Claudette Delpesco, on behalf of all members of the Association similarly situated Individually, Respondents, v. BillyBob's Marina, Inc., d/b/a Outdoor RV Resort and Yacht Club, Appellant.

James B. Richardson, Jr., of Columbia, for Appellant. John R. C. Bowen, of Hilton Head Island, for Respondents.

This is a case requiring the interpretation of covenants governing the owners and a successor to the developer.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
15391   Randy P. Silver, Respondent, v. Aabstract Pools & Spas, Inc., Appellant.

Michael Stephen Chambers, of Greenville, for Appellant. David G. Ingalls, of Spartanburg, for Respondent.

Aabstract Pools and Spas, Inc. appeals the Master in Equity's order finding the "payment provisions" of the parties' contract were ambiguously worded. Appellant argues the Master erred in: (1) concluding that the wording of the parties' contract was ambiguous, (2) determining the parties' intent regarding the payment terms of the contract, and (3) ruling Appellant was in breach of contract.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
15327   The State, Respondent, v. Roderick Bradley, Appellant.

Appellate Defender Aileen P. Clare, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, of Office of the Attorney General, of Columbia, and Solicitor I. McDuffie Stone, III, of Hampton, for Respondent.

Bradley appeals from his conviction for second degree criminal sexual conduct with a minor arguing the trial court erred in not granting his motion for a new trial following allegations of juror misconduct.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
15589   Palmetto Bay Club Owners Association, a South Carolina Non-Profit Corporation Administration for the Palmetto Bay Club Horizontal Property Regime, Respondent, v. Danna Cooper Brissie, Appellant.

Terry A. Finger, of Hilton Head Island, for Appellant. Otto W. Ferrene, Jr., of Hilton Head Island, for Respondent.

Appellant Brissie appeals an injunction granted to the Palmetto Bay Club Owners Association requiring her to remove a wall and lock-out door system from her condominium in the Palmetto Bay Club.

Wednesday, November 7, 2007
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
15358   The Friends of McLeod, Inc., Appellant, v. City of Charleston, City of Charleston Board of Zoning Appeals, and American College of the Building Arts, Respondents.

Patrick F. Stringer, of Charleston, for Appellant. Timothy Alan Domin, of Charleston, for Respondents City of Charleston and City of Charleston Board of Zoning Appeals. William L. Howard, Stephen L. Brown, and Russell G. Hines, of Charleston, for Respondent American College of the Building Arts.

Friends of McLeod, Inc. appeals the circuit court's order. It argues the court erred in ruling: (1) its appeal from the Board of Zoning Appeals (BZA) was not timely, (2) it does not have standing to challenge the BZA's determination, and (3) the BZA did not commit an abuse of discretion in arbitrarily approving the request for a special exception.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
15370   The State, Respondent, v. Lawrence Marcus Tucker, Appellant.

Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, 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 Norman Mark Rapoport, of Columbia, and Solicitor David Michael Pascoe, Jr., of Summerville, for Respondent.

The issues in this appeal are (1) whether Tucker's conviction should be vacated because, as an inmate in federal custody, his second appearance in state court violated the federal Interstate Agreement on Detainers; and (2) whether it was reasonable for the trial court to accept Tucker's waiver of future post-conviction claims as a condition of his guilty plea agreement.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
15348   Lowcounty Open Land Trust, Respondent, v. Charleston Southern University, Appellant.

Stephen L. Brown and Edward Buckley, Jr., of Charleston, for Appellant. G. Dana Sinkler, of Charleston, for Respondent.

Lowcountry Open Land Trust brought this action for specific performance against Charleston Southern University for a contract for the sale of real property. The trial court granted the request, and Charleston Southern University appeals, arguing the court erred (1) in granting specific performance under the facts of this case, (2) in failing to support its ruling with legal authority, and (3) in allowing Lowcountry Open Land Trust an unspecified amount of time to complete its contractual obligations.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
15287   The State, Respondent, v. James Odom, Appellant.

Jared Sullivan Newman, of Port Royal, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Julie M. Thames, of Columbia, and Solicitor I. McDuffie Stone, III, of Beaufort, for Respondent.

Odom appeals the circuit court's order. He argues the court erred in: (1) ruling the police had probable cause to seize him for a traffic stop, (2) admitting evidence of drugs obtained by the police during the temporary seizure for a seat belt violation, and (3) admitting evidence of drugs based on an alleged violation of the plain feel rule.

Tuesday, November 6, 2007
Courtroom II
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
15351   Amy Carol Quick and Betty Quick, Appellants v. Markel Insurance Company and the Chesterfield County School District, Respondents.

Martin S. Driggers, Sr., of Hartsville; William O. Sweeny, III, and William R. Calhoun, Jr., of Columbia, for Appellants. Kenneth L. Childs, Allen D. Smith, and Allison Aiken Hanna, of Columbia, for Respondent The Chesterfield County School District. Michael Mills Nunn and Benjamin A. Baroody, of Florence, for Respondent Markel Insurance Company.

In this insurance case, Appellants appeal the trial court's grant of summary judgment, in which the court held, (1) Respondents did not breach any contract entered into with Appellants, (2) Respondents make no false representations to Appellants regarding insurance coverage, (3) Respondents did not have an affirmative duty to explain all risks and coverages to Appellants and thus Respondents did not breach such a duty.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
15356   Mary Denise West, Respondent, v. Ernest Matthew West, Appellant.

David Christopher Shea and Rebecca Guental Fulmer, of Columbia, for Appellant. C. Vance Stricklin, Jr. and Katherine Carruth Link, of West Columbia, for Respondent.

Father appeals divorce decree confining visitation with his children to the State of South Carolina, claiming the family court judge erred in failing to apply proper legal principles and imposing unreasonable travel restrictions contrary to the children's best interest.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
15387   The State, Respondent, v. David Dwight Smith, Appellant.

Chief Attorney Joseph L. Savitz, III, of South Carolina Commission on Indigent 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 Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

Smith appeals his conviction for murder arguing the trial court erred in (1) refusing to instruct the jury on the lesser included offense of voluntary manslaughter; (2) refusing to instruct the jury on the lesser included offense of involuntary manslaughter; and (3) refusing to instruct the jury on the law of accident.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
15364   Jennifer Lynn Christmas and Jay Christmas, Respondents, v. Dale Eugene Enos, Jr. and A Rainbow of Carpets, Inc., Appellants.

Michael J. Ferri, of Charleston, for Appellants. James G. Christmas, of North Charleston, for Respondents.

In this appeal from a personal injury action, Appellants argue the trial court erred in (1) admitting certain medical records, (2) not allowing other medical records, (3)not allowing Appellant to publish portions of Respondent's deposition during Appellants' case, denying Appellants' motion for directed verdict on the issue of future medical expenses, allowing Respondent's counsel to argue for future medical expenses, and charging the jury that it could award damages for future medical expenses.

Wednesday, November 14, 2007
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
15423   Kim Parrish, Appellant, v. Earl Allison, Respondent.

John Michael Turner, Sr., of Laurens, for Appellant. Larry L. Plumblee and Frank L. Eppes, of Greenville, for Respondent.

In this defamation action, the Appellant posits two issues: (1) Does the phrase "conned her out of" property and insurance money constitute slander per se as a matter of law; and (2) Did the circuit court err in allowing the Respondent to present a defense based on truth when truth was not pled as an affirmative defense?

Cases to be Submitted Without Oral Argument
15225    Isiah James, Jr. #96883, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services (SCDPPPS), Respondent.

15233    Margaret McDermott, Appellant, v. Kentucky Fried Chicken/Sylvan Food, Employer, and Security Insurance Co. of Hartford (Covenant Administrators) and Coregis Insurance Company (GE Cypercomp) Carriers, Respondents.

15308    The State, Respondent, v. Manley M. Thompson, Appellant.

15338    Judy Anne Yown, Respondent, v. William Robert Yown, Appellant.

15347    Jennifer Ann Marie Piccirillo, Respondent, v. Joseph Terrance Piccirillo, Appellant.

15350    Lexington Insurance Co., Appellant, v. South Carolina School Board Insurance Trust, and School District of Marlboro County, Respondents.

15357    Patricia Frierson, Appellant, v. In Town Suites, Two Notch Road, Inc., Respondent.

15359    Julie D. Garcia, Respondent, v. Matthew D. Saski, Appellant.

15362    Susan B. Covington, Alan R. Cochran and Kathy H. Cochran, Respondents, v. Alexander and Alexandria Karter as Trustees of the Karter Living Trust dated 4/17/00, Lamar F. Thompson and Vicki A. Thompson, Neil R. Blesi and Janet E. Blesi, Carl D. Fago and Susan E. Fago and Gary Blesi, Defendants, Of whom Alexander and Alexandria Karter as Trustees of the Karter Living Trust dated 4/17/00, Neil R. Blesi and Janet E. Blesi and Gary Blesi are the Appellants.

15367    The State, Respondent, v. Keith Allen Clark, Appellant.

15368    The State, Respondent, v. Donald Wayne Paige, Appellant.

15371    The State, Respondent, v. Neal Stevens, Appellant.

15372    The State, Respondent, v. James Aquan Moody, Appellant.

15383    The State, Respondent, v. Donald Ray Perry, Appellant.

15384    The State, Respondent, v. Paul H. Thompson, Appellant.

15388    The State, Respondent, v. Judith A. Law, Appellant.

15393    Ronald C. Harris, Appellant, v. Kyle Smith d/b/a DYSKY Unlimited Properties and Michael Taylor d/b/a MTP of Columbia, Respondents.

15394    John J. Garrett, Appellant v. Lister, Flynn & Kelly, P. A. Toney Lister and Brendan Delany, Respondents.

15396    The State, Respondent, v. Christopher Lovett Burke, Appellant.

15400    The State,Respondent, v. Barrett Harris,Appellant.

15415    Giselle Bailey Rogers, Respondent, v. Gregory Rogers, Appellant.

15417    Wayne Razzi, Appellant, v. Gail A. Moore a/k/a Gail A. Abernathy, Respondent.

15419    Venture Engineering, Inc., Respondent, v. Darrell L. Avery, Sr., and Jeffrey L. Avery, Appellants.

15420    Franklin Ventures, LLC, Respondent, v. Shalash Abdel Jaber, a/k/a Abdel Jaber Shalash, Appellant.

15421    Ronald C. Harris, Appellant, v. Penn Warranty Corporation and West Main Automotive, Respondents.

15424    The State, Respondent, v. Joshua Greer, Appellant.

15445    William R. Simpson, Jr., Appellant, v. Becky H. Simpson and Wade Ingle, Defendants, of whom Becky H. Simpson is the Respondent.

15666    South Carolina Department of Social Services, Respondent v. Priscilla Isaiah, Corcella Isaiah and Michael Isaiah, Appellants In the interest of Hanna Isaiah, DOB 01/05/97; Tamar Isaiah, DOB 04/27/00; Joshua Isaiah, DOB 01/06/03; and Noah Isaiah, DOB 05/08/05 All minors under the age of 18.