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 3, 2010
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5)  
17748   James Reed, Respondent, v. Jennifer Pieper, Appellant.

Donald Bruce Clark, Robert N. Rosen, of Charleston, and James A. Bell, of St. George, for Appellant. Lewis C. Lanier, of Orangeburg, and J. Michael Taylor, of Columbia, for Respondent.

Jennifer Pieper appeals the family court’s decision to grant custody of her and James Reed’s minor child to Mr. Reed. Ms. Pieper claims the family court’s ruling was erroneous because Mr. Reed is unfit for custody as the child’s primary caretaker. In addition, Ms. Pieper alleges the family court erred in failing to grant her attorney's fees and costs.

 10:15 a.m. (Time Limits: 10 - 10 - 5)  
17816   Dana Winters and Daniella Winters, Appellants/Respondents, v. Joyce Fiddie, C.W. Burbage, Barbara Daniels, and Prudential Carolina Real Estate, Respondents/Appellants.

Daniel E. Martin, of Charleston, for Appellants/Respondents. Michael A. Scardato, of Charleston, and Michael Christopher Scarafile, of North Charleston, for Respondents/Appellants.

In this cross-appeal, the Court of Appeals addresses whether the trial court erred in granting the respondents' motion for a new trial absolute based on an improper jury instruction when respondents did not contemporaneously object to the charge and the motion was granted outside the prescribed ten-day window set forth in Rule 59(d), SCRCP. The court also must determine whether the trial court erred in admitting certain evidence and in failing to grant respondents' motion for a directed verdict based on respondents' contention that the Residential Property Condition Disclosure Act was inapplicable, respondents owed no duty of care to appellants, and appellants failed to establish they suffered damages.

 11:00 a.m. (Time Limits: 10 - 10 - 5)  
17833   Melissa Crosby, Respondent, v. Prysmian Communications Cables and Systems USA, LLC, Appellant.

Robert L. Widener and Richard J. Morgan, of Columbia, for Appellant. Stephen Benjamin Samuels, of Columbia, for Respondent.

In this appeal, Prysmian Communications Cables and Systems USA, (Prysmian) argues the circuit court erred in (1) concluding Prysmian was collaterally estopped from arguing Melissa Crosby (Crosby) made a false representation that she was injured at work based on the workers' compensation commission's decision; (2) granting partial summary judgment in favor of Crosby on her retaliatory discharge claim pursuant to section 41-1-80 of the South Carolina Code (Supp. 2008); and (3) granting summary judgment in favor of Crosby on Prysmian's counterclaims.

 11:45 a.m. (Time Limits: 10 - 10 - 5)  
17757   John Williamson, III and Kathryn J. Williamson, Appellants, v. The County of Orangeburg, Respondent.

Wm. Howell Morrison and Phyllis W. Ewing, of Charleston, for Appellants. Paul D. deHolczer, of Columbia, and Anne Haydel, of Orangeburg, for Respondent.

The Williamsons appeal a ruling of the Master in Equity that the County of Orangeburg properly exercised its authority to condemn the Williamsons' property on the South Fork of the Edisto River for use as a public boat landing.

 2:00 p.m. (Time Limits: 10 - 10 - 5)  
17733   The State, Respondent, v. Timothy L. Wallace, Appellant.

Appellate Defender Elizabeth A. Franklin, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Assistant Attorney General Deborah R.J. Shupe, of Office of the Attorney General, of Columbia, for Respondent.

Wallace was convicted of trafficking more than 400 grams of cocaine in Oconee County. He appeals the denial of his motion to suppress drug evidence found inside his vehicle; the denial of his motion to suppress a statement he made to police before he was advised of his Miranda warnings; and the denial of his motion for a mistrial.

Thursday, November 4, 2010
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5)  
17926   Wachovia Bank National Association, Successor By Merger to Wachovia Bank, N.A., Appellant, v. Arthur L. Beane, Jr. and Virginia Beane, Respondents.

John H. Tiller, of Charleston, for Appellant. John F. Martin, of Charleston, for Respondents.

In this action to collect on a note that was defaulted on by Arthur and Virginia Beane, Wachovia Bank appeals from the jury verdict finding for the Beanes, arguing the trial court erred in denying Wachovia's motion for judgment notwithstanding the verdict and motion for a new trial absolute, or in the alternative, a new trial nisi remittitur.

 11:00 a.m. (Time Limits: 10 - 10 - 5)  
17763   Leslie P. Barrett, Respondent, v. Charlie Floyd Flowers, Emanule Flowers and Countrywide Home Loans, Inc., Defendants, Of Whom Countrywide Home Loans, Inc. is the Appellant.

Robert L. Widener, of Columbia, and Richard M. Smith, of Georgetown, for Appellant. William A. Bryan, of Surfside Beach, for Respondent.

Countrywide Home Loans, Inc. appeals from the Special Referee's order that ruled Countrywide had no interest in or lien against a home owned in part by Barrett even though Countrywide's loan proceeds paid off the purchase money mortgage, arguing the Special Referee erred in: (1) refusing to give Countrywide a mortgage or lien against the property in the same amount as the pre-existing and paid-off Lumina mortgage thereby granting a windfall to Barrett; (2) misapprehending the purpose, scope, and effect of the lis pendens filed by Barrett, as well as the filing date of Barrett's complaint; (3) considering the existence of insurance and other remedies available to Countrywide, and therefore, Countrywide is entitled to a new trial; and (4) failing to grant Countrywide a priority lien on the entire property to the extent it paid off the Lumina mortgage or, in the alternative, erred in failing to grant Countrywide a priority lien on Barrett's boyfriend's one-half interest in the property to the extent Countrywide paid off the Lumina mortgage.

 11:45 a.m. (Time Limits: 10 - 10 - 5)  
17474   Beverly Singleton, individually and a Guardian Ad Litem for Mandy S., Appellant, v. Kayla E. R., Respondent.

John Richard Moorman, of Sumter, for Appellant. David Cornwell Holler, of Sumter, for Respondent.

Following a traffic accident that totaled her car, Beverly Singleton sued for damages and received a jury verdict in her favor. Singleton now appeals the verdict, arguing the trial court erred in declining to instruct the jury on damages for the loss of use of a destroyed vehicle.

 2:00 p.m. (Time Limits: 10 - 10 - 5)  
17766   Lucas Bailey, Petitioner, v. State of South Carolina, Respondent.

Tara Shurling, of Columbia, for Petitioner. Assistant Attorney General Mary Shannon Williams, of Columbia, for Respondent.

On appeal from a conviction for homicide by child abuse, Petitioner asserts the court erred in denying his PCR application because defense counsel was ineffective for failing to object to supplemental jury instructions.

 2:45 p.m. (Time Limits: 10 - 10 - 5)  
17834   Shane M. Bean, Appellant, v. South Carolina Central Railroad Company, Inc., Respondent.

W. Mullins McLeod, Jr., Ayesha T. Washington, and Sonaly Hendricks, of Charleston, for Appellant. John C. Millberg, of Raleigh, NC, Saunders M. Bridges, Jr., of Florence, and James B. Richardson, Jr, of Columbia, for Respondent.

This is an appeal from a negligence action for personal injuries suffered by Shane Bean while working for South Carolina Central Railroad Company, Inc. (SCCR). The circuit court granted summary judgment to SCCR on all claims, noting Bean executed a valid release agreement pursuant to the Federal Employer's Liability Act (FELA). Bean appeals the grant of summary judgment and asserts numerous points of error, namely whether the circuit court erred in granting summary judgment to SCCR when (1) Bean presented evidence that the release was procured by fraud, the release was executed pursuant to a mutual mistake, and the release failed for lack of consideration; (2) Bean was not afforded a reasonable opportunity to conduct discovery essential to his claims prior to the grant of summary judgment; and (3) Bean presented evidence of SCCR's negligence as causing or contributing to his injury.

Wednesday, November 17, 2010
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5)  
18413   South Carolina Department of Social Services, Respondent, v. Grace Williams, Robert S. Williams, Jr., and B. J. A. W. and J. L. W., Defendants, of whom Grace Williams is the Appellant.

Bryan Christopher Able, of Laurens, for Appellant. Scarlett Bell Moore, of Greenville, for Respondent. Carson McCurry Henderson, of Greenwood, counsel for guardian.

Wednesday, November 3, 2010
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5)  
17597   Jean Holst, Individually, and as the Personal Representative of the Estate of William Edward Holst, Jr., Appellant, v. South Carolina State Port Authority, Respondent.

Anne McGinness Kearse, Kevin R. Dean, and T. David Hoyle, of Mount Pleasant, for Appellant. Randell C. Stoney, Jr., of Charleston, for Respondent.

In this wrongful death action, Jean Holst appeals the judgment the trial court entered in favor of the South Carolina State Ports Authority as a result of the jury's special verdict finding Holst failed to prove her negligence claim. Holst claims the trial court erred in charging the jury concerning the duty imposed by the Occupational Safety and Health Act on a non-party employer.

 10:15 a.m. (Time Limits: 10 - 10 - 5)  
17774   The State, Respondent, v. Thomas T. Bryant, Jr., Appellant.

Deputy Chief Appellate Defender for Capital Appeals Robert M. Dudek, 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, Assistant Attorney General Alphonso Simon, Jr., of Office of the Attorney General, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent.

In this criminal matter, Thomas T. Bryant, Jr. appeals his murder conviction asserting the trial court erred in (1) refusing to admit evidence of a 911 dispatch log indicating the caller reported a man was "being pushed around and pushed out [of his] wheelchair," and (2) refusing to instruct the jury on the defense of habitation.

 11:00 a.m. (Time Limits: 10 - 10 - 5)  
17905   Margaret M Reiss, Respondent, v. Paul W. Reiss and Pamela Buck a/k/a Pamela Evans, Defendants, of whom Paul W. Reiss is the Appellant.

Alan David Toporek, of Charleston, for Appellant. Stephanie Pendarvis McDonald, of Charleston, for Respondent.

In this family law case Paul W. Reiss appeals the family court's equitable distribution and award of alimony to Margaret M. Reiss arguing the family court made numerous factual errors.

 11:45 a.m. (Time Limits: 10 - 10 - 5)  
17810   Delila D. Mullen, Appellant, v. Beaufort County School District and the S.C. School Boards Insurance Trust, Respondents.

James H. Moss, of Beaufort, for Appellant. Kirsten Leslie Barr, of Mt. Pleasant, for Respondents.

In this workers' compensation case, Delila Mullen appeals the circuit court's affirmation of the South Carolina Workers' Compensation Commission's finding (1) that she did not sustain a compensable injury by accident or an occupational disease, and (2) that she did not sustain any permanent impairment or loss of use as a result of any alleged mold exposure at work.

Thursday, November 4, 2010
Courtroom II
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5)  
17822   Stephen Brad Wise, Appellant, v. Richard Wise D/B/A Wise Services and the South Carolina Uninsured Employers Fund, Respondents.

Pope D. Johnson, III, of Columbia, for Appellant. John G. Felder, of St. Matthews, for Respondent Richard Wise d/b/a Wise Services. Robert Merrell Cook, II, of Batesburg-Leesville, for Respondent SC Uninsured Employers Fund.

Brad Wise appeals the circuit court's dismissal of his worker's compensation claim arising from the same facts as a tort claim that was settled. He maintains the circuit court could not take judicial notice of the existence of his tort claim when evidence of that claim did not appear in the appellate record.

 11:00 a.m. (Time Limits: 10 - 10 - 5)  
17755   Preston D. Wannamaker,Appellant, v. Katherine Thomas Wannamaker, Respondent.

April Porter Counterman, of Chester, for Appellant. C. Cantzon Foster, II, of Columbia, for Respondent.

In this family law case Preston D. Wannamaker appeals the family court's final decree of divorce, arguing the family court erred in (1) awarding permanent periodic spousal support, (2) increasing his spousal support obligation retroactively, and (3) valuing the parties' retirement accounts.

 11:45 a.m. (Time Limits: 10 - 10 - 5)  
17819   South Carolina Department of Labor, Licensing, and Regulation, South Carolina Manufactured Housing Board, Appellant, v. Angela B. Chastain, f/k/a Angela Brown, f/k/a Angela Brown-Neal, Respondent.

Suzanne L. Hawkins, of Columbia, for Appellant. William H. Edwards, of West Columbia, for Respondent.

The SCDLLR appeals the administrative law court's ruling that Chastain had not violated a cease and desist order concerning the sale of manufactured homes because the regulations at issue did not apply to manufactured homes upon which the title had been retired.

Cases to be Submitted Without Oral Argument
16808    The State, Respondent, v. Brian Amburgey, Appellant.

17345    Carolina Aggregate Products, LLC, Respondent, v. Buffington & Smith Contracting Company, LLP, John E. Buffington, Carlotta B. Hood, Safeco Insurance Company, and Palmetto Paving Corporation, Defendants, of whom Buffington & Smith Contracting Company, LLP, John E. Buffington & Carlotta B. Hood, are Appellants,

17518    The State, Respondent, v. Victor Harvey Anderson, Appellant.

17538    Todd Sowell, Appellant, v. South Carolina Department of Corrections, Respondent.

17638    The State, Respondent, v. Dwayne Housey, Appellant.

17648    Denise Murphy, Appellant, v. The State, Respondent.

17652    Raymond A. Johnson, Appellant, v. L. Elaine Mozingo, Respondent.

17730    The State, Respondent, v. Donald Cleo Pass, Appellant.

17734    The State, Respondent, v. Phillip Maffei, Appellant.

17740    James Kase, Appellant, v. Michael L. Ebert and DMX Transportation, Inc., of whom DMX Transportation, Inc. is the Respondent.

17745    Frenchie T. McMillan and Robert McMillan, Appellants, v. St. Eugene Medical Center, McLeod Regional Medical Center of Pee Dee, Keh-Fang Chen, M.D., Matthew Cerney, M.D., of whom St. Eugene Medical Center and McLeod Regional Medical Center of Pee Dee are Respondents.

17762    William James Biggins, Appellant, v. Karen Lee Burdette, f/k/a Karen Burdette Biggins,Respondent.

17772    The State, Respondent, v. Javerus A. Griffin, Appellant.

17776    The State, Respondent, v. Rashard Jerome Rivers, Appellant.

17777    The State, Respondent, v. Marquis Deporris Roylonza Mackins, Appellant.

17786    Mary Ellison Fowler, Appellant, v. Floyd David Fowler, Respondent.

17788    Wendell Leon Hawkins, Appellant/Respondent, v. Elizabeth Leigh Bannister Hawkins, Respondent/Appellant.

17817    White Oak Manor, Inc. and White Oak Manor-York, Inc., Respondent v. Lexington Insurance Company, Caronia Corporation, and Certain Underwriters at Lloyd's London, subscribing to Certificate No. UP02US382030, Defendants, of whom Lexington Insurance Company is the Appellant.

17831    Associated Receivables Funding, Inc. Respondent, v. Boiling Springs Textiles and Ricky W. Shropshier of whom Ricky W. Shropshier is the Appellant.

17845    John Fisher, III and T. Randolph Forshee, Appellants, v. Gibbs International, Inc. and James I. (Jimmy) Gibbs, Respondents.

17849    Jenner Trucking & Construction, Inc., Appellant, v. Pioneer Machinery, LLC, and Peterson Pacific Corp., of whom, Pioneer Machinery, LLC is the Respondent.

17873    The State, Respondent, v. Charles Brandon Branham, Appellant.

17875    The State, Respondent, v. Jason E. Salley, Appellant.

17876    The State, Respondent, v. Chad Everette Williams, Appellant.

17880    The State, Respondent, v. Shazjuan Sadiq Shabazz, Appellant.

17884    The State, Respondent, v. Jerry Louis McGriff, Appellant.

17927    Sabrina Walker, Respondent, v. Kenneth Walker, Appellant.

17943    Roy Lindsey, #67021, Appeallant, v. South Carolina Department of Corrections, Respondent.

17959    The State, Respondent, v. James Honeycutt, Appellant.

17962    In The Matter Of The Care And Treatment Of Cory Williamson, Appellant.

17966    The State, Respondent, v. Nathaniel Noel Bradley, Appellant.

18026    Thomas Joyner, Appellant, v. Sumter County, Respondent.

18115    The State, Respondent, v. Gregory Nathaniel Scott, Jr., Appellant.

18117    The State, Respondent, v. Tocara N. Smith, Appellant.

18122    The State, Respondent v. Joseph M. White, Appellant.

18126    The State,Respondent, v. Douglas Lamar Williams, Appellant.

18130    The State, Respondent, v. Desmond J. Sams, Appellant.

18131    The State, Respondent, v. Gary Lee Watrus, Appellant.

18225    The State, Respondent, v. Geromino Morisset, Appellant.

18229    The State, Respondent, v. David Heath, Appellant.

18243    The State, Respondent, v. Evangeline Pointer, Appellant.

18244    The State, Respondent, v. Maurice Shaundell Hope, Appellant.

18253    The State, Respondent, v. Ricky Albert Gambrell, Appellant.

17799    Holly Outlaw, Appellant, v. Regan & Cantwell, Employer and Star Insurance Company, Carrier, Respondents.

17806    Brenda Miller, Appellant, v. SC Department of Vocational Rehab, Employer, State Accident Fund, Carrier, Respondents.

17803    John Thomas Meehan, IV, Appellant, v. Robert N. Newton, Jr., Mary E. Meehan, Jerry Meehan and Janet Dorado, Respondents.

17804    Virginia Mappus, Respondent, v. South Carolina Department of Health and Environmental Control, Appellant.

17815    South Carolina Department of Health and Environmental Control, Respondent, v. Windy Hill Orchard and Cider Mill, Appellant.

17789    Dorothy W. George, Irene Christensen, Julia B. Cain, Brian S. Dantzler, Charles Dolan, Pamela Dolan, Virginia W. Floyd, Marvin S. Murdaugh, Jr., Cathie M. Murdaugh, Margaret P. Hay Living Trust, Trust NES, Mary W. Geils, and George F. Geils, Respondents, v. Charles H. Wendell and Kathryn J. Wendell, Appellants.