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November 2016 |
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.
Thursday, November 3, 2016 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2014-001766 Wells Fargo Bank, N.A., Respondent,
v.
Gisela B. Moore, Thomas J. Moore a/k/a Tom J. Moore, and John Moore, Appellants. Andrew Sims Radeker of Harrison & Radeker, P.A., of Columbia, for Appellants. Thomas E. Lydon of The Nye Law Group P.C., of Columbia, for Respondent. In this foreclosure action, Gisela B. Moore, Thomas J. Moore, and John Moore argue the circuit court erred in granting partial summary judgment to Wells Fargo Bank and referring the case to the master in equity. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2014-001511 Martha Lewin Argoe, Appellant,
v.
Three Rivers Behavioral Health, LLC and Psychiatric Solutions, Inc., its successor; Phyllis Bryant-Mobley, MD; David A. Steiner, MD; Cheryl C. Dodds, MD; Doris Ann Burrell, RN and the Carolina Care Plan, Respondents. Robert Daniel Dodson of Law Offices of Robert Dodson, PA, of Columbia, for Appellant. William H. Davidson, II, and Andrew F. Lindemann, both of Davidson & Lindemann, PA, of Columbia, SC for Respondent Phillis Bryan-Mobley, MD. James E. Parham, Jr. of James E. Parham, Jr., P.A., of Irmo, for Respondent Cheryl C. Dodds, MD. J. Ben Alexander, Sarah Patrick Spruill, and Kenneth Norman Shaw, all of Haynsworth Sinkler Boyd, PA, of Greenville, for Respondent Cheryl C. Dodds, MD. Mary Agnes Hood Craig and Elloree A. Ganes, both of Hood Law Firm, LLC, of Charleston, for Respondent David A. Steiner, MD. Deborah Harrison Sheffield, of Charleston, for Respondent David A. Steiner, MD. Andrew N. Cole and Christian Stegmaier, both of Collins & Lacy, PC, of Columbia, for Respondent Three Rivers Behavioral Health, LLC and Psychiatric Solutions, Inc., its successor, and Respondent Doris Ann Burrell, RN.
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11:20 a.m. | (Time Limits: 10-10-5) |
2014-002596 Sara Y. Wilson, Appellant,
v.
Charleston County School District, Respondent. John S. Nichols and Blake A. Hewitt, both of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Appellant. Tiffany R. Spann-Wilder of Spann Wilder Law, LLC, of North Charleston, for Appellant. Stephen Lynwood Brown, Leslie Michelle Whitten, and Catherine Holland Chase, all of Young Clement Rivers, of Charleston, for Respondent. In this appeal from the South Carolina Workers' Compensation Commission (the Commission), Sara Wilson argues the Commission erred in (1) holding Wilson's change in condition claim was barred by res judicata because she experienced some degree of anxiety and depression before her original award and (2) reasoning that Wilson's depression had to begin or worsen between specific dates in order to be compensable. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2014-002600 Grange S. Lucas, Appellant,
v.
Karen Ann Sickinger, Respondent. Kerry W. Koon, of Charleston, for Appellant. Deena Smith McRackan, of Charleston, for Respondent. Grange S. Lucas appeals the family court's order denying his request for a modification of alimony. Lucas argues the family court abused its discretion in deciding Karen A. Sickinger's award of social security disability benefits, subsequent to the couple's divorce, was not an unanticipated and substantial change in circumstances. |
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12:40 p.m. | (Time Limits: 10-10-5) |
2014-002491 Skydive Myrtle Beach, Inc. (f/k/a Skydive Myrtle Beach, LLC), Appellant,
v.
Horry County, Horry County Department of Airports, H. Randolph Haldi, Pat Apone, Tim Jackson and Jack Teal, Defendants,
Of whom H. Randolph Haldi, Pat Apone, Tim Jackson and Jack Teal are Respondents. Robert Bratton Varnado and Alexis Mills Wimberly, both of Brown & Varnado, LLC, of Mount Pleasant, for Appellant. Samuel F. Arthur, III, of Aiken Bridges Elliott Tyler & Saleeby, P.A., of Florence, for Respondents. Appellant Skydive Myrtle Beach, Inc. appeals the circuit court's order dismissing its complaint arguing the court erred in (1) dismissing the complaint pursuant to the South Carolina Tort Claims Act, (2) determining that conflicting allegations of conduct and liability were an inequitable interpretation of its complaint, and (3) dismissing the complaint when discovery had not yet been completed and Appellant had requested leave to amend its pleadings. |
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Tuesday, November 8, 2016 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2014-002652 The State, Respondent,
v.
Willie Thomas Starnes, Appellant. Erick Matthew Barbare of The Barbare Law Firm, of Greenville, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Sherrie Ann Butterbaugh, all of Columbia, for Respondent. Solicitor Daniel Edward Johnson, of Columbia, for Respondent. Willie Thomas Starnes appeals his convictions for murder and armed robbery, arguing the trial court erred by admitting hearsay statements of the victim under the excited utterance and dying declaration exceptions. |
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Wednesday, November 9, 2016 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-000208 The State, Respondent,
v.
Jo Pradubsri, Appellant. Appellate Defender John Harrison Strom, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent. Solicitor Donald V. Myers, of Lexington, for Respondent. Jo Pradubsri appeals his convictions for trafficking in crack cocaine, possession with intent to distribute crack cocaine within proximity of a school, and unlawful carrying of a pistol. Pradubsri argues the trial court erred when it (1) refused to reveal an informant's identity, (2) found reasonable suspicion existed to justify his traffic stop, (3) gave a reversible jury instruction on reasonable doubt, (4) refused to grant a directed verdict on the proximity charge, and (5) erroneously allowed testimony from a former co-defendant that Pradubsri manufactured crack cocaine in his residence and had participated in a drug sale immediately before the traffic stop. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2015-000498 A&P Enterprises, LLC, Appellant,
v.
SP Grocery of Lynchburg, LLC and Suresh "Sam" Patel, Respondents. S. Jahue Moore and John Calvin Bradley, Jr., both of Moore Taylor Law Firm, P. A., of West Columbia, for Appellant. William W. Wheeler, III, of Jennings & Jennings, PA, of Bishopville, for Respondents. In this action seeking ejectment and monetary damages, A&P Enterprises, LLC (A&P) appeals the special referee's order granting judgment in favor of SP Grocery of Lynchburg, LLC (SP Grocery) and Suresh "Sam" Patel (collectively, Respondents), arguing (1) Respondents lack standing to assert a claim for promissory estoppel, (2) Respondents' claim for promissory estoppel is barred by the doctrine of unclean hands, (3) the special referee erred in finding Respondents own an equitable interest in the property at issue based upon the doctrine of promissory estoppel, and (4) the special referee erred in denying A&P the relief it requested in its complaint. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2015-000602 Dan Abel and Mary Abel, Appellants,
v.
South Carolina Department of Health and Environmental Control and Pawleys Island Community Church, Respondents. Amy Elizabeth Armstrong and Jessie Allison White, both of South Carolina Environmental Law Project, of Pawleys Island, for Appellants. Deborah Harrison Sheffield, of Columbia, for Respondent Pawleys Island Community Church. Daniel W. Stacy, Jr. of Oxner & Stacy, PA, of Pawleys Island, for Respondent Pawleys Island Community Church. Nathan Michael Haber, of Charleston, for Respondent South Carolina Department of Health and Environmental Control. In this appeal from the Administrative Law Court (ALC), Dan and Mary Abel (Abels) argue the ALC erred in refusing to enforce a previous consent order requiring that wetlands on neighboring property be maintained. |
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Thursday, November 17, 2016 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2015-000347 John Ernest Haire, Respondent,
v.
Tania L. Leon, Appellant. Tania L. Leon, of Charlotte, North Carolina, Appellant pro se. George Brandt, III, of Henderson Brandt & Vieth, PA, of Spartanburg, for Respondent. In this divorce action, Tania L. Leon (Wife) appeals the family court's order, arguing the family court erred in (1) failing to dismiss the case pursuant to our supreme court's 365-day administrative order; (2) not granting he request for a continuance; (3) failing to admit certain exhibits; (4) failing to find certain property was non-marital; (5) failing to award her alimony; (6) failing to find she had an equitable interest in certain property; (7) awarding John Ernest Haire (Husband) attorney's fees; and (8) denying Wife's post-trial motion. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-000107 Woodruff Road SC, LLC, Appellant,
v.
SC Greenville Hwy 146, LLC, Respondent. Robert L. Widener of McNair Law Firm, PA, of Columbia, for Appellant. Bernie W. Ellis of McNair Law Firm, PA, of Greenville, for Appellant. James H. Cassidy and Joseph Owen Smith, both of Roe Cassidy Coates & Price, PA, of Greenville, for Respondent.
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11:20 a.m. | (Time Limits: 10-10-5) |
2015-001277 Otis Nero, Appellant,
v.
South Carolina Department of Transportation, Employer,
AND
State Accident Fund, Carrier, Respondents. Stephen J. Wukela of Wukela Law Office, of Florence, for Appellant. John Gabriel Coggiola of Willson Jones Carter & Baxley, P.A., of Columbia, for Respondents. In this appeal from the Appellate Panel of the South Carolina Workers' Compensation Commission (the Appellate Panel), Otis Nero argues the Appellate Panel erred in failing to find (1) his employer, the South Carolina Department of Transportation (SCDOT), received adequate notice of his accident and (2) he demonstrated reasonable excuse and that the SCDOT had not been unduly prejudiced by the lack of notice. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2015-000558 Laura Toney, Respondent,
v.
Lee County School District, Appellant. Shawn David Eubanks of Boykin Davis & Smiley, LLC, of Columbia, for Appellant. Deidre D. Laws, of Columbia, for Appellant. Charles J. Boykin, of Columbia, for Appellant. W. Allen Nickles, III, and Susan Marie Fittipaldi, both of Nickles Law Firm, of Columbia, for Respondent. The Lee County School District Board of Trustees (the Board) appeals the circuit court's reversal of the Board's decision to terminate the employment of teacher Laura Toney. |
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12:40 p.m. | (Time Limits: 10-10-5) |
2014-002390 The Oaks at Rivers Edge Property Owners Association, Inc., John E. Atkinson, Joan D. Strandquist, Joseph E. Chiovarou, Jr., Peyton H. Cook, Jr., Brenda Cook, John W. Edelen, Karen A. Nelson, Robert J. Graham, Maureen S. Graham, Nancy K. Johnson as trustee for the Nancy K. Johnson Revocable Trust, William Jung, Charles Maraziti, Patricia Maraziti, George S. Pollard, Eleanor J. Pollard, Robert Reece, Gerard M. Ruvo and Sue S. Ruvo as trustees for the Ruvo 2006 Living Trust, Carolyn M. Jennings, Thomas Edward Keane, Edward Wallace Barr, III, Richard B. Pekruhn, Pauline Pekruhn, Matthew J. Severance, and Elizabeth Ashley Phillips Severance, Respondents,
v.
Daniel Island Riverside Developers, LLC and Carriage Hill Associates of Charleston, LLC, Appellants. Charles S. Altman and Meredith L. Coker, both of Altman & Coker, LLC, of Charleston, for Appellants. Roy Pearce Maybank and Amanda R. Maybank, both of Maybank Law Firm, LLC, of Charleston, for Appellants. Walter Henry Bundy, Jr. and Michael Brent McDonald, both of Bundy McDonald, LLC, of Summerville, for Respondents. In this case regarding defective construction, Appellants contest on appeal the circuit court's award of damages to Respondents, arguing the court should have offset the damages with the amount previously received through settlement. Further, Appellants contend the circuit court should have allocated the damages among the various defendants and erred by entering an order prior to Respondents' election of remedies. Finally, Appellants assert the damages were excessive, speculative, and not supported by the evidence and they constituted a double recovery. |
Tuesday, November 8, 2016 | |
Courtroom II
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-000056 Amisub of South Carolina, Inc. d/b/a Piedmont Medical Center d/b/a Fort Mill Medical Center, Respondent,
v.
South Carolina Department of Health and Environmental Control and the Charlotte-Mecklenburg Hospital Authority d/b/a Carolinas Medical Center-Fort Mill, Respondents,
Of whom The Charlotte-Mecklenburg Hospital Authority, d/b/a Carolinas Medical Center-Fort Mill is the Appellant. E. Brandon Gaskins, Douglas M. Muller, and Trudy Hartzog Robertson, all of Moore & Van Allen, PLLC, of Charleston, for Appellant. Stuart M. Andrews, Jr. and Daniel J. Westbrook, both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Respondent Amisub of South Carolina. Ashley Caroline Biggers and Vito Michael Wicevic, both of Columbia, for Respondent South Carolina Department of Health and Environmental Control. Appellant Charlotte-Mecklenburg Hospital Authority, d/b/a Carolinas Medical Center-Fort Mill (Carolinas), challenges a decision of the South Carolina Administrative Law Court (ALC) ordering Respondent South Carolina Department of Health and Environmental Control to issue of a Certificate of Need (CON) to Respondent Amisub of South Carolina, Inc., d/b/a Piedmont Medical Center, d/b/a Fort Mill Medical Center (Piedmont). Carolinas argues the ALC's application of the CON Act, the 2004-2005 State Health Plan, and the Project Review Criteria violates the dormant Commerce Clause because it is intended to protect Piedmont against competition from an out-of-state competitor and provides in-state hospitals with an advantage over out-of-state hospitals in obtaining a CON. Carolinas also argues the ALC erred in approving Piedmont's proposal to transfer beds from its existing hospital in Rock Hill to its proposed hospital in Fort Mill because the ALC failed to make any findings of fact or conclusions of law regarding the eight criteria in the Bed Transfer Provision of the 2004-2005 State Health Plan. |
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Wednesday, November 9, 2016 | |
Courtroom II
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10:40 a.m. | (Time Limits: 10-10-5) |
2015-000599 Live Oak Village Homeowners Association, Inc.; Jennifer McFarland; Carlton Holcombe and Ute Holcombe, Plaintiffs,
Of whom Live Oak Village Homeowners Association, Inc.; Jennifer McFarland and Carlton Holcombe are Appellants,
v.
Thomas Morris; David Hannemann; Sofia Mazell and Michael Mazell, Respondents.
Sofia Mazell and Michael Mazell, Third-Party Plaintiffs,
v.
William McFarland, Third-Party Defendant. Stephen Lynwood Brown and Russell Grainger Hines, both of Young Clement Rivers, of Charleston, for Appellants. Lydia Pruitt Davidson of Krawcheck & Davidson, of Charleston, for Respondents Thomas Morris and David Hannemann. Graham Pollock Powell and William ("Trey") Wharton Watkins, Jr., both of Wall Templeton & Haldrup, PA, of Charleston, for Respondents Thomas Morris and David Hannemann. William B. Jung of William B. Jung, Esq., LLC, of Mt. Pleasant, for Respondents Michael and Sofia Mazell. This appeal involves a dispute between a homeowners association, its board of directors, and its members. Appellants contend the circuit court erred by granting summary judgment on all of the homeowners association's causes of action based on a finding that the board of directors failed to follow its bylaws when authorizing this action. Appellants also assert the circuit court erred by granting summary judgment on Jennifer McFarland and Carlton Holcombe's declaratory judgment cause of action against Respondents Thomas Morris and David Hannemann. Appellants claim McFarland and Holcombe suffered "harm, or at least the threat of significant harm," and thus, they had standing and suffered an injury as contemplated by the Uniform Declaratory Judgments Act. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2014-002477 Charles Thomas Brooks, III, Appellant,
v.
South Carolina Commission on Indigent Defense and Office of Indigent Defense, Respondents. Irma Pringle Brooks of Law Offices of Charles T. Brooks, III, of Sumter, for Appellant. G. Murrell Smith, Jr. of Lee, Erter, Wilson, Holler & Smith, LLC, of Sumter, for Respondents. In this action seeking recovery of unpaid legal fees for the representation of indigent clients, Appellant, Charles Brooks, challenges the trial court's order disqualifying (1) Irma Brooks (Appellant's wife and law partner) from representing him and (2) Charles Brooks from representing himself pursuant to Rule 3.7 of the South Carolina Rules of Professional Conduct. |
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Thursday, November 17, 2016 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2015-000613 Jeffrey Kennedy, Respondent,
v.
Richland County School District Two, Eric Barnes, and Chuck Earles, Appellants. Thomas Kennedy Barlow and Kathryn Long Mahoney, both of Childs & Halligan, PA, of Columbia, for Appellants. Thomas Jefferson Goodwyn, Jr. and Rachel Gottlieb Peavy, both of Goodwyn Law Firm, LLC, of Columbia, for Respondent. In this civil matter, Richland County School District Two (the District), Eric Barnes, and Chuck Earles (collectively, "Appellants") appeal the circuit court's award of actual and punitive damages to Jeffrey Kennedy in his defamation claim against them. Appellants contend the circuit court erred in (1) denying Appellants' motions for directed verdict and JNOV; (2) excluding evidence of Kennedy's alleged theft and termination from a subsequent employer that occurred during the pendency of the trial; (3) failing to instruct the jury that no defamatory communication was made as a result of Kennedy's termination from the District and Kennedy's termination was not part of his defamation claim; (4) denying Appellants' motions for a new trial absolute or new trial nisi remittitur; and (5) affirming the constitutionality of the jury's award of punitive damages. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2014-002295 First Citizens Bank and Trust Company, Inc., Respondent,
v.
Park at Durbin Creek, LLC; Kenneth E. Clifton; and Linda G. Whiteman; Defendants,
Of whom Park at Durbin Creek, LLC and Kenneth E. Clifton are the Appellants. James Calhoun Pruitt, Jr. of Pruitt & Pruitt, of Anderson, for Appellants. James H. Cassidy, Ella McKenzie Sims Barbery, and Joseph Owen Smith, all of Roe Cassidy Coates & Price, PA, of Greenville, for Respondent. The Park at Durbin Creek, LLC (PDC) and Kenneth Clifton (collectively, Appellants) appeal the circuit court's decision to set aside Clifton's conveyance of property to PDC on the grounds that the conveyance violated the Statute of Elizabeth. On appeal, Appellants claim the circuit court erred in setting aside the transfer of Clifton's interest in the property to PDC when (1) the testimony of both owners of the property established a valid purpose for the transfer; and (2) the property was transferred by both owners in a single deed without any showing of fraudulent intent. Additionally, Appellants claim the circuit court erred in admitting certain testimony regarding a subsequent conveyance of Clifton's interest in PDC to a third party, Streamline Management, LLC. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2014-001828 Joshua Fay, Appellant-Respondent,
v.
Total Quality Logistics, LLC, Respondent-Appellant. Alice F. Paylor and Rene Stuhr Dukes, both of Rosen Rosen & Hagood, LLC, of Charleston, for Appellant/Respondent. Peter Andrew Rutledge and Robert Daniel Moseley, Jr., both of Smith Moore Leatherwood, LLP, of Greenville, for Respondent/Appellant. The enforceability of an employee noncompete, confidentiality, and nonsolicitation agreement is at issue in this cross-appeal from a circuit court order granting partial summary judgment. Appellant-Respondent Joshua Fay argues the circuit court erred by finding (1) Ohio law applied to the agreement and (2) the agreement was valid and enforceable under either Ohio or South Carolina law. Respondent-Appellant Total Quality Logistics, LLC claims the circuit court erred by failing to find Fay breached the agreement. |
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Cases to be Submitted Without Oral Argument | |
2015-001351 |
The State, Respondent,
v.
William Douglas Zeigler, Appellant.
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2014-002715 |
The State, Respondent,
v.
Johnny Jerome Boyd, Appellant.
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2013-002423 |
The State, Respondent,
v.
Ivan Williams, Appellant.
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2015-000094 |
The State, Respondent,
v.
Corey William Brown, Appellant.
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2015-000716 |
The State, Respondent,
v.
Matthew Antwon Gunter, Appellant.
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2015-000671 |
The State, Respondent,
v.
Quentin Jarvis Evans, Appellant.
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2014-002241 |
The State, Respondent,
v.
Michael Edward Williams, Appellant.
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2014-002125 |
The State, Respondent,
v.
Demetrice Roosevelt James, Appellant.
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2015-001152 |
The State, Respondent,
v.
James Lamont Singleton Jr., Appellant.
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2014-000161 |
The State, Respondent,
v.
Kathy Leonard Revan, Appellant.
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2015-001076 |
Kenneth W. Signor, Appellant,
v.
Mark Keel, Chief of the South Carolina Law Enforcement Division, and the State of South Carolina, Respondents.
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2015-001405 |
The State, Respondent,
v.
Jeremiah Christian Johnson, Appellant.
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2014-002653 |
The State, Respondent,
v.
John Henry Lowery II, Appellant.
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2015-000485 |
In the Matter of the Care and Treatment of Randal Wade McCoy, Appellant.
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2015-001843 |
The State, Respondent,
v.
Wayne Gary Polite, Appellant.
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2015-001099 |
The State, Appellant,
v.
Kenny Ray Harris, Respondent.
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2014-001366 |
The State, Respondent,
v.
John Julius Smith, Appellant.
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2015-001268 |
Randolph Ashford, Petitioner,
v.
The State, Respondent.
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2015-002183 |
The State, Respondent,
v.
Coy Lamar Knight Jr., Appellant.
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2014-001384 |
FV-I, Inc., in trust of Morgan Stanley Mortgage Capital Holdings, LLC, Respondent,
v.
Bryon J. Dolan; Lisa S. Dolan; First Citizens Bank and Trust Company, Inc.; Wells Fargo Bank, N.A.; Branch Banking and Trust Company, Defendants,
Of whom Bryon J. Dolan and Lisa S. Dolan are the Appellants.
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2015-000649 |
In the Matter of James A. Trippe, III Deceased.
Gene D. Morin, Conservator for Katelin Trippe, Respondent,
v.
James Trippe, Jr., individually and as Personal Representative of the Estate of James A. Trippe, III, Appellant.
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2015-000183 |
George Cleveland, III, #357770, Appellant,
v.
South Carolina Department of Corrections, Respondent.
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2015-002247 |
The State, Respondent,
v.
Jeffrey Bryan June, Appellant.
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2015-000753 |
The State, Respondent,
v.
Jason Thomas Boston, Appellant.
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2015-001073 |
The State, Respondent,
v.
Robert Dale Hughes, Appellant.
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2015-000575 |
The State, Respondent,
v.
Daniel Hargadon, Appellant.
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2015-000658 |
The State, Respondent,
v.
Alicia Adderley, Appellant.
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2015-001072 |
The State, Respondent,
v.
Edward Rodriquez Anthony, Appellant.
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2015-001823 |
The State, Respondent,
v.
Vanessa Laquetta Frayer, Appellant.
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2015-000179 |
The State, Respondent,
v.
Leon Lilly, Appellant.
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2014-002725 |
Clark D. Thomas, Appellant,
v.
Evening Post Publishing Co., d/b/a The Post and Courier, Glenn Smith, officially and individually, Respondents.
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2014-000636 |
Mare Baracco, Appellant,
v.
Beaufort County, South Carolina, Respondent.
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2014-002717 |
The State, Respondent,
v.
Tamarquis Antwain Wingate, Appellant.
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2014-001230 |
The State, Respondent,
v.
Craig Pinckney, Appellant.
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