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November 2010 |
NEXT
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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.)
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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.
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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.
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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.
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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.
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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.
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Thursday, November 4, 2010 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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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.
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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.
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Wednesday, November 17, 2010 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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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.
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Wednesday, November 3, 2010 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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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.
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Thursday, November 4, 2010 | |
Courtroom II
(Court convenes at 10:15
a.m.)
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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.
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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.
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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.
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Cases to be Submitted Without Oral Argument | |
16808 |
The State, Respondent, v. Brian Amburgey, Appellant.
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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,
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17518 |
The State, Respondent, v. Victor Harvey Anderson, Appellant.
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17538 |
Todd Sowell, Appellant, v. South Carolina Department of Corrections, Respondent.
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17638 |
The State, Respondent, v. Dwayne Housey, Appellant.
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17648 |
Denise Murphy, Appellant, v. The State, Respondent.
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17652 |
Raymond A. Johnson, Appellant, v. L. Elaine Mozingo, Respondent.
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17730 |
The State, Respondent, v. Donald Cleo Pass, Appellant.
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17734 |
The State, Respondent, v. Phillip Maffei, Appellant.
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17740 |
James Kase, Appellant, v. Michael L. Ebert and DMX Transportation, Inc., of whom DMX Transportation, Inc. is the Respondent.
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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.
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17762 |
William James Biggins, Appellant, v. Karen Lee Burdette, f/k/a Karen Burdette Biggins,Respondent.
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17772 |
The State, Respondent, v. Javerus A. Griffin, Appellant.
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17776 |
The State, Respondent, v. Rashard Jerome Rivers, Appellant.
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17777 |
The State, Respondent, v. Marquis Deporris Roylonza Mackins, Appellant.
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17786 |
Mary Ellison Fowler, Appellant, v. Floyd David Fowler, Respondent.
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17788 |
Wendell Leon Hawkins, Appellant/Respondent, v. Elizabeth Leigh Bannister Hawkins, Respondent/Appellant.
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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.
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17831 |
Associated Receivables Funding, Inc. Respondent, v. Boiling Springs Textiles and Ricky W. Shropshier of whom Ricky W. Shropshier is the Appellant.
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17845 |
John Fisher, III and T. Randolph Forshee, Appellants, v. Gibbs International, Inc. and James I. (Jimmy) Gibbs, Respondents.
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17849 |
Jenner Trucking & Construction, Inc., Appellant, v. Pioneer Machinery, LLC, and Peterson Pacific Corp., of whom, Pioneer Machinery, LLC is the Respondent.
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17873 |
The State, Respondent, v. Charles Brandon Branham, Appellant.
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17875 |
The State, Respondent, v. Jason E. Salley, Appellant.
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17876 |
The State, Respondent, v. Chad Everette Williams, Appellant.
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17880 |
The State, Respondent, v. Shazjuan Sadiq Shabazz, Appellant.
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17884 |
The State, Respondent, v. Jerry Louis McGriff, Appellant.
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17927 |
Sabrina Walker, Respondent, v. Kenneth Walker, Appellant.
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17943 |
Roy Lindsey, #67021, Appeallant, v. South Carolina Department of Corrections, Respondent.
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17959 |
The State, Respondent, v. James Honeycutt, Appellant.
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17962 |
In The Matter Of The Care And Treatment Of Cory Williamson, Appellant.
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17966 |
The State, Respondent, v. Nathaniel Noel Bradley, Appellant.
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18026 |
Thomas Joyner, Appellant, v. Sumter County, Respondent.
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18115 |
The State, Respondent, v. Gregory Nathaniel Scott, Jr., Appellant.
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18117 |
The State, Respondent, v. Tocara N. Smith, Appellant.
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18122 |
The State, Respondent v. Joseph M. White, Appellant.
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18126 |
The State,Respondent, v. Douglas Lamar Williams, Appellant.
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18130 |
The State, Respondent, v. Desmond J. Sams, Appellant.
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18131 |
The State, Respondent, v. Gary Lee Watrus, Appellant.
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18225 |
The State, Respondent, v. Geromino Morisset, Appellant.
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18229 |
The State, Respondent, v. David Heath, Appellant.
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18243 |
The State, Respondent, v. Evangeline Pointer, Appellant.
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18244 |
The State, Respondent, v. Maurice Shaundell Hope, Appellant.
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18253 |
The State, Respondent, v. Ricky Albert Gambrell, Appellant.
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17799 |
Holly Outlaw, Appellant, v. Regan & Cantwell, Employer and Star Insurance Company, Carrier, Respondents.
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17806 |
Brenda Miller, Appellant, v. SC Department of Vocational Rehab, Employer, State Accident Fund, Carrier, Respondents.
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17803 |
John Thomas Meehan, IV, Appellant, v. Robert N. Newton, Jr., Mary E. Meehan, Jerry Meehan and Janet Dorado, Respondents.
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17804 |
Virginia Mappus, Respondent, v. South Carolina Department of Health and Environmental Control, Appellant.
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17815 |
South Carolina Department of Health and Environmental Control, Respondent, v. Windy Hill Orchard and Cider Mill, Appellant.
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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.
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