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.
Wednesday, November 4, 2009
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
17153   Glenn Bazen, Respondent v. Badger R. Bazen Company, Inc., Employer and Legion Insurance Company in liquidation through S.C. Property and Casualty Insurance Guaranty Association, Carrier, Appellants.

Mark Davis Cauthen, of Columbia, for Appellants. Steve Wukela, Jr., of Florence, for Respondent.

In this workers' compensation action, Badger R. Bazen and Legion Insurance Company appeal the circuit court's decision affirming the decision of the Appellate Panel of the Workers' Compensation Commission's decision to award Glenn Bazen (Glenn) certain workers' compensation benefits. Specifically, Appellants maintain Glenn's average weekly wage calculation should not have included rental income when Glenn was living in a family home rent-free. Additionally, Appellants argue Glenn should not have been entitled to back temporary total disability, but Appellants should be entitled to a credit for the overpayment of benefits paid.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
17081   Michael B. Moseley and Marsha H. Moseley, Respondents v. All Things Possible, Inc. and James H. Hampton, Appellants.

Robert J. Thomas, of Columbia, for Appellants. Barry L. Thompson, of West Columbia, for Respondents.

All Things Possible, Inc. and James H. Hampton appeal the circuit court's order finding they committed fraud in the inducement through the sale of a parcel of real estate.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
17107   Paris Mountain Utilities, Inc., Joe W. Hiller, and David N. Hiller, Appellants, v. South Carolina Department of Health and Environmental Control, Respondent.

Randall Scott Hiller, of Greenville, for Appellants. Stephen P. Hightower, of Columbia, for Respondent.

Paris Mountain Utilities, Inc., Joe W. Hiller, and David N. Hiller appeal an order of the Department of Health and Environmental Control assessing the Hillers individually for permit violations arising out of the actions of the company holding the permit. On appeal, Appellants assert that the Department lacked subject matter jurisdiction over the Hillers, and that the doctrine of offensive collateral estoppel should not have been applied prospectively to pierce the corporate veil and hold the Hillers responsible for the acts of the corporate entity.

Wednesday, November 18, 2009
Courtroom I
(Court convenes at 11:15 a.m.)
 11:15 a.m. (Time Limits: 10 - 10 - 5 )  
16579   Peter G. Oliver, Appellant, v. Lexington County Assessor, Respondent.

Peter G. Oliver, of Lexington, for Appellant. Jeffrey Anderson, of Lexington, for Respondent.

Peter Oliver, pro se, appeals from the Administrative Law Court's (ALC) order affirming the Lexington County Assessor's (the Assessor's) valuation of his property located in Lexington, South Carolina (the Property). On appeal Oliver asserts the ALC erred in concluding the fair market value of the Property was $365,220 and that the Assessor's valuation of the Property prevented an equal and uniform assessment.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
17071   County of Abbeville, Respondent v. Calhoun Falls Rescue Squad, Inc., Appellant.

C. Rauch Wise, of Greenwood, for Appellant. Roy Hemphill, of Greenwood, for Respondent.

In this declaratory judgment action, Calhoun Falls Rescue Squad, Inc., appeals the circuit court's decision finding the County of Abbeville owned fifty percent of the Squad's newest ambulance and ordering the vehicle sold.

Monday, November 16, 2009
Georgetown County Judicial Center
(Court convenes at 1:15 p.m.)
 1:15 p.m. (Time Limits: 10 - 10 - 5 )  
17232   Tracy A. Burnett, as Personal Representative of the Estate of Douglas W. Burnett, Deceased and Tracy A. Burnett, individually, Appellants, v. Family Kingdom, Inc., d/b/a Family Kingdom Amusement Park, Respondent.

James Stevens, Jr., of Loris, for Appellant. William Edward Lawson, of Myrtle Beach, for Respondent.

Tracy Burnett appeals the trial court's decision granting The Family Kingdom's, d/b/a Family Kingdom Amusement Park, motion for a directed verdict in a negligence action. Burnett argues the trial court improperly held she failed to show the existence of a duty and failed to show The Family Kingdom was negligent in its actions.

 
 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
15663   Kenneth E. Wright and Bonnie L. Wright, Appellants/Respondents, v. Hiester Construction Co., Inc, Respondent/Appellant, and Dilia And Odin Painting Co., Respondent.

Bradford N. Martin and Laura W.H. Teer, of Greenville, for Appellants-Respondents. Stephen L. Brown, Duke R. Highfield, and Russell G. Hines, of Charleston, for Respondent. J.J. Anderson and Eric M. Johnsen, of Charleston, for Respondent-Appellant.

This is a cross-appeal of a jury verdict in favor of Hiester Construction Company and Dilia & Odin Painting Company in an action brought by Kenneth E. and Bonnie L. Wright for damages arising from the destruction of their home as a result of a fire. In the primary appeal, the Wrights argue (1) the trial judge erred in excluding certain deposition testimony regarding the cause of the fire; (2) the trial judge abused his discretion in limiting their expert's testimony to his personal knowledge of the fire; (3) parole evidence should have been admitted regarding the parties' interpretation of certain contractual terms; (4) the trial should have been bifurcated; (5) the trial judge incorrectly informed the jury regarding trial procedure and the law; (6) evidence of insurance provisions under the contract between the Wrights and Hiester Construction Company should not have been admitted, (7) they were entitled to rulings in their favor on judicial estoppel and on the waiver of subrogation regarding Dilia & Odin, and (8) opposing counsel made an improper and prejudicial remark during closing argument. In its cross-appeal, Hiester Construction Company contends it was entitled to a directed verdict.

 
 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
17084   Toni M. Ward and J.W. Ward, Respondents, v. Toni Cooke Evans, David A. Nexsen, Winyah Nursing Home, LLC, and Sentry Bank and Trust, Defendants, of whom Toni Cooke Evans and David A. Nexsen are Appellants.

E. Leroy Nettles, Sr. and Marian D. Nettles, of Lake City, for Appellants. Gregory Askins, of Hemingway, and William M. O'Bryan, Jr., of Kingstree, for Respondents.

Toni Cooke Evans and David A. Nexsen (Appellants) appeal from the Special Referee's order awarding an easement to Toni M. Ward and J.W. Ward (Respondents), arguing the Special Referee erred in finding Respondents have an easement by express grant and an easement by necessity across Appellant Evans' land.

 
 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
17192   Adel A. Faltaous and Mona S. Faltaous, Respondents v. Anderson Ocean Club Development, LLC and New Resorts, LLC, Defendants Of Whom Anderson Ocean Club Development, LLC, is Appellant.

David B. Miller and Benjamin A. Baroody, of Myrtle Beach, for Appellant. William A. Bryan, of Surfside Beach, for Respondents.

Anderson Ocean Club Development, LLC, appeals the trial court's decision denying a motion to compel arbitration, arguing the trial court erred in concluding the dispute between the parties did not come within the scope of the arbitration clause.

 
Tuesday, November 17, 2009
Georgetown County Judicial Center
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
17352   Nationwide Mutual Insurance Company, Appellant, v. Kelly Rhoden, Ashley Arrieta, and Emerlynn Dickey, Respondents.

J.R. Murphy and Ashley B. Stratton, of Columbia, for Appellant. Dennis James Rhoad, of Moncks Corner, for Respondents.

In this declaratory judgment action from Berkeley County, an insurer, Nationwide Mutual Insurance Company (Nationwide), appeals the trial court's ruling that Respondent was entitled to underinsured motorist coverage (UIM) for injuries sustained in an automobile accident. Nationwide argues the trial court erred in finding coverage because the South Carolina Supreme Court's opinion in Burgess v. Nationwide Mutual Insurance Co., 373 S.C. 37, 644 S.E.2d 40 (2007) compels a finding of no UIM coverage.

 
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
17148   Carl Johnson, Appellant, v. Timothy Chad Hunter, Respondent.

Ian Maguire, of Myrtle Beach, for Appellant. G. Michael Smith, of Conway, for Respondent.

Johnson's truck was hit head-on by a vehicle and then hit from the rear by Hunter's vehicle. The circuit court concluded these events constituted a single accident for purposes of Johnson's uninsured motorist coverage limiting recovery to a specific amount for "each accident." Johnson appeals.

 
 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
17100   Jan Ford Bodkin, Respondent/Appellant, v. Lester Hobart Bodkin, Appellant/Respondent.

Anita Ruth Floyd, of Conway, for Appellant-Respondent. Charles Richard Rhodes, Jr., of Surfside Beach, for Respondent-Appellant.

Both Husband and Wife appeal from the grant of a divorce on the ground of one year's continuous separation. Husband argues the family court erred in (1) failing to award him a divorce on the grounds of Wife's habitual drunkenness, (2) awarding Wife alimony, (3) apportioning the marital estate, and (4) awarding Wife attorney's fees. Wife contends the family court erred in its determination of marital property.

 
Cases to be Submitted Without Oral Argument
16931    David L. Hess and Ceferina G. Hess, Appellants, v. Janice C. Norton, James C. Daniel, and Russell M. Lawrence,Defendants, Of Whom Russell M. Lawrence is Respondent.

16950    Sherye Epps,Respondent, v. James A. Daniels, Appellant.

16982    Dr. Brenton D. Glisson, M.D., Appellant, v. South Carolina Department of Labor, Licensing and Regulation, South Carolina State Board of Medical Examiners, Respondents.

17086    Pacific Fibers, Inc., a California Corporation, Respondent, v. KOREA POLY CO., LTD., and Edward Oh, d/b/a U.S. Fibers, Inc., Defendants., of whom Edward Oh, d/b/a U.S. Fibers, Inc. is the Appellant.

17091    The State,Respondent, v. Brandon Weaver,Appellant.

17316    Ingomar limited Partnership, a Nevada Limited Partnership, Respondent, v. Michael S. Eidemiller A/K/A Michael Eidemiller, Martha Eidemiller, Grand Strand Water & Sewer Authority, and the United States of America by and through the Internal Revenue Service, Defendants, Of Whom Michael S. Eidemiller A/K/A Michael Eidemiller and Martha Eidemiller are Appellants.

17319    Department of Social Services, Respondent, v. Laura Dunn and Jerome Carson, Defendants, Of Whom Laura Dunn is the Appellant. In the Interests of Carmen C., Minor child under the age of eighteen (18) years.

17720    South Carolina Department of Social Services, Respondent, v. Karen Williams, Earl Spangler and John Doe and Devin W., Defendants, Of Whom Karen Williams is the Appellant.

16998    The State,Respondent, v. Mario Hunter,Appellant.

16999    The State,Respondent, v. Clord Harrell,Appellant.

17030    The State,Respondent, v. Bryan Orlando Hackett,Appellant.

17037    The State,Respondent, v. Tremon L. Doctor,Appellant.

17038    The State,Respondent, v. James Cabbagestalk, a/k/a Shaheem R. Cabbagestalk, Appellant.

17048    The State,Respondent, v. John Gregory Barnes,Appellant.

16968    The State,Respondent, v. Donita Shabre Ruger,Appellant.

16969    The State,Respondent, v. Greg Wall,Appellant.

16970    The State,Respondent, v. Greg Wall,Appellant.

16978    Antonio Brown,Respondent, v. South Carolina Department of Corrections,Appellant.

16937    In the Interest of Spencer R., a juvenile under the age of seventeen,Appellant.

16938    The State,Respondent, v. Shane Taylor,Appellant.

16940    In The Interest Of Dustin Wayne D., A Juvenile Under The Age Of Seventeen,Appellant.

16945    The State,Respondent, v. Mark James Lowery, Jr.,Appellant.

16410    The State,Respondent, v. Carlon Eugene Weathers, Jr.,Appellant.

16509    The State,Respondent, v. Odell John Carpenter,Appellant.

16510    The State,Respondent, v. ,Clifton Cooke,Appellant.

16572    303 Associates, LLC, Respondent, v. A to Z Coatings & Sons, Inc., Ray Stocks and R.D. Ayers, Defendants, Of whom A to Z Coatings and Sons, Inc. are Appellants.

16590    The State,Respondent, v. ,Willis Weary,Appellant.

16595    The State,Respondent, v. Anterrance S. Neely,Appellant.

16619    Charles R. Major, Appellant v. S.C. Department of Mental Health & Patrick Harris Hospital; Mr. George Gintoli, sued in his individual capacity and in his official capacity; Sharon Fowler, sued in her individual capacity and official capacity; Carolina Emergency Physicians PA, and Dr. Stephen Burkholtz & Dr. Benjamin Crumpler, both sued in their individual and in their official capacities; Greenville County Sheriff's Department & Officer Moon & Sgt. Lowary; Greenville Memorial Hospital and two unnamed social workers; Harriet J. Major, sued in her individual capacity and Kenneth Porter, Esquire, sued in his individual and professional working capacity, Defendants, of whom S.C. Department of Mental Health, Patrick Harris Hospital, Mr. George Gintoli, sued in his individual and in his official capacity, Sharon Fowler, sued in her individual and official capacity, Greenville County Sheriff's Department, Office Moon and Sgt. Lowary are Respondents.

16636    The State,Respondent, v. Tyrone Lee Ervin,Appellant.

16638    The State,Respondent, v. Ravenel Gomillion,Appellant.

16673    G&S Supply Co., Inc.,Appellants, v. David Harris and James E. Pritchard,Respondents.

16734    Carrie B. Dennison,Appellant, v. Herbert Dennison,Respondent.

16761    The State,Respondent, v. Trico D. Thompson,Appellant.

16768    The State,Respondent, v. Herman Belton,Appellant.

16770    The State,Respondent, v. Eric Hemingway,Appellant.

16779    The State,Respondent, v. Jeffrey J. King,Appellant.

16783    The State,Respondent, v. James Eugene Harris,Appellant.

16798    The State,Respondent, v. Shannon D. McGee,Appellant.

16801    Timothy Davis, Appellant, v. South Carolina Department of Corrections, Respondent.

16803    The State,Respondent, v. Ricky Jerome Finley,Appellant.

16814    The State,Respondent, v. Sirmedra Jackson,Appellant.

16820    The State,Respondent, v. Kenneth Burl Sharpe, Jr.,Appellant.

16825    The State,Respondent, v. Alton Lee Docherty, Sr.,Appellant.

16830    Michael Bradley Morris Knight, Appellant, v. South Carolina Department of Motor Vehicles, Respondent.

16836    Shawn Fishburne, #246165,Appellant v. State of South Carolina,Respondent

16856    The State,Respondent, v. Thomas Arnold Gregory,Appellant.

16862    The State,Respondent, v. William Earl Moore,Appellant.

16863    The State,Respondent, v. Karl Rogers,Appellant.

16865    The State,Respondent, v. Jeffrey Douglas Wilson,Appellant.

16911    The State,Respondent, v. Maxwell E. Sipes,Appellant.

16915    South Carolina Department of Social Services, Respondent, v. Crystal Tindal and Ardyth Matthews, Defendents, of whom Crystal Tindal is the Appellant.

16927    Shirley N. Durden,Respondent, v. George A. Durden, III,Appellant.