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, December 10, 2002
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
10788   Williamsburg Rural Water and Sewer Company, Inc., Appellant v. Williamsburg County Water and Sewer Authority, a Body Politic, County of Williamsburg, a Body Politic, and Town of Kingstree, a Body Politic, Respondents.

Larry G. Reddeck, of Nettles, Turbeville & Reddeck, of Lake City, for appellant. W.E. Jenkinson, III, and Jennifer R. Kellahan, both of Jenkinson & Jenkinson; and Ernest J. Jarrett, of Jenkinson & Jenkinson, all of Kingstree, for respondents.

Williamsburg Rural, a non-profit water and sewer company, challenges the City’s decision to award the Town of Kingstree the right to provide water and sewer services in an area that Williamsburg Rural claims it has the exclusive right to service.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
10790   Carol H. Evans, Respondent v. Accent Manufactured Homes, Inc., d/b/a Accent Mobile Homes; Doug Perkins and Fleetwood Homes of Virginia, Inc., Defendants, of whom Accent Manufactured Homes, Inc., d/b/a Accent Mobile Homes, is Appellant.

M.M. Weinberg, Jr., and M.M. Weinberg, III, both of Weinberg, Brown & Curtis, of Sumter; and Michael P. Horger, of Horger & Horger, of Orangeburg, for appellant. A.F. Carter, III, and Cynthia Bailey Berry, both of Carter Law Firm, of Orangeburg, for respondents.

This case involves alleged error by the trial court in compelling arbitration pursuant to an arbitration agreement and whether appellant waived its right to enforce the contractual arbitration agreement.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
11052   The State, Respondent v. Christopher Walton, Appellant.

Katherine Carruth Link, of Columbia, for appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor William Townes Jones, of Greenwood, for respondent.

This case deals with a passenger’s Fourth Amendment rights during a lawful traffic stop.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
10782   Okatie River, L.L.C., Respondent v. Southeastern Site Prep, L.L.C., Appellant.

G. Richardson Wieters, of Hilton Head Island, for appellant. Frank H. Clabaugh, of Hilton Head Island, for respondent.

This case involves the interpretation of a verbal agreement in regard to a loan, alleged error by the court in creating a judicial version of the agreement, and alleged error in providing “back-up” conclusions of law.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
10798   Helen McLeod Bradham, Respondent v. Mayor and Town Council of the Town of Ravenel and Board of Adjustment of the Town of Ravenel, and SBA Towers, Inc., Defendants, of whom SBA Towers, Inc., is Appellant.

Stephen L. Brown, Stephen P. Groves, Sr., Jonathan L. Yates and Bradish J. Waring, all of Young, Clement, Rivers & Tisdale, of Charleston, for appellant. Samuel W. Howell, IV, of Charleston, for respondent.

This is a zoning action interpreting the Town's ordinance governing the permitting of telecommunications towers.

Wednesday, December 11, 2002
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
10991   The State, Respondent v. Luke Traylor, Appellant.

Katherine Carruth Link, of Columbia, for appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General Melody J. Brown, all of Columbia; and Solicitor Thomas E. Pope, of York, for respondent.

This criminal appeal alleges the trial court erred in admitting pre-trial photo identifications, in admitting redacted photos of the ones used during the identification procedure, and in requiring Appellant to choose between the redacted photos or the actual photos used during the identification procedure.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
10799   Richard Pratt, Appellant v. Morris Roofing, Inc., Employer, and Transportation Insurance Company, Carrier, Respondents.

Darrell T. Johnson, Jr., of Hardeeville; and R. Thayer Rivers, Jr., of Ridgeland, for appellant. W. Hugh McAngus, of McAngus, Goudelock & Courie, of Columbia, for respondents..

This Workers’ Compensation case involves the “going and coming” rule, the furnishing of transportation by an employer to an employee, and whether appellant’s injury arose out of and in the course of his employment.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
10846   Elizabeth Waye, Respondent v. Three Rivers Apartments and PMG Real Estate Management & Consulting Company, Appellants.

Ronald E. Boston and R. Hawthorne Barrett, both of Turner, Padget, Graham & Laney, of Columbia, for appellants. Mark W. Hardee, of Lewis, Babcock & Hawkins, of Columbia, for respondent.

This case involves the question of whether the trial court erred in failing to set aside a default judgment, and in entering an award for damages when the material evidence offered did not support the award and the damages awarded exceeded the amount requested.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
10735   Jimmie D. McMillan, Respondent v. Gold Kist, Inc., Appellant.

Joseph Gregory Studemeyer, of Columbia, for appellant. Clyde A. Eltzroth, Jr., and John E. Parker, both of Peters, Murdaugh, Parker, Eltzroth & Detrick, of Hampton, for respondent.

In 1986, McMillan signed a membeship agreement to become a member of Gold Kist's cooperative association. The agreement, which did not have an arbitration clause, was subject to the then current provisions of the association's charter and by-laws as well as any provisions that would later be in effect. The issue on appeal is whether Gold Kist can compel McMillan to arbitrate claims it has against Gold Kist based on the arbitration policy Gold Kist adopted years after McMillan signed the membership agreement.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
11004   The State, Respondent v. Roger Murray Adkins, III, Appellant.

Assistant Appellate Defender Robert M. Dudek, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia; and Solicitor John R. Justice, of Chester, for respondent.

This criminal appeal alleges error in the trial judge’s charge to the jury in regard to reasonable doubt, instructing the jury on “failure of the defendant to testify,” and admitting an enlarged photograph of the victim.

Tuesday, December 10, 2002
Courtroom II
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
10783   Richard Nardone, Respondent v. Arthur W. Davis, Christopher E. Daniels, Scott E. Davis, and Davis Land Development Associates, a Pennsylvania Partnership doing business in South Carolina, and Dauphin Deposit Bank and Trust Company, a Pennsylvania bank doing business in South Carolina, Defendants, of whom Arthur W. Davis, Christopher E. Daniels, Scott E. Davis and Davis Land Development Associates, a Pennsylvania Partnership doing business in South Carolina, are Appellants.

G. Richardson Wieters, of Hilton Head Island, for appellants. Glen Winston La Force, Sr., of Hilton Head Island, for respondents.

The defendants appeal a jury verdict in this action for conversion of partnership property. The issues on appeal are (1) the enforceability of a forum selection clause, (2) the trial court’s failure to direct a verdict for the defendants, and (3) trial court’s refusal to charge wrongful interference with contractual relations and slander of title.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
10805   Collins Entertainment Corp., Respondent v. Coats and Coats Rental Amusement, d/b/a Ponderosa Bingo and Shipwatch Bingo, Wayne Coats, individually, and American Bingo & Gaming Corp., Defendants, of whom American Bingo & Gaming Corp., is Appellant.

Timothy G. Quinn, of Columbia, for appellant. Stephen L. Brown, Edward D. Buckley, Jr., Donald J. Davis, Jr., and Stephen P. Groves, Sr., all of Young, Clement, Rivers & Tisdale, of Charleston, for respondent.

In this action for breach of contract, tortious interference with contractual relations, violation of the South Carolina Unfair Trade Practices Act, and conspiracy, defendant American Bingo & Gaming Corp. appeals, alleging error in (1) the denial of its motion to amend its pleadings to conform to the evidence at trial, (2) the failure to direct a verdict on the cause of action of tortuous interference with contract, (3) the failure to allow for mitigation, and (4) the reliance on hearsay evidence.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
11147   The State, Respondent v. Lisa Christian Braswell, Appellant.

Sally G. Calhoun, of Beaufort, for appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General W. Rutledge Martin, all of Columbia; and Solicitor William Townes Jones, of Greenwood, for respondent.

This case involves whether the State presented sufficient evidence to sustain a conviction for felony DUI.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
10803   James W. Williams, Respondent v. Otis David Gould, Appellant.

Robert J. Harte, of Aiken; and Deborah R. J. Shupe, of Columbia, for appellant. Ronnie L. Crosby, of Peters, Murdaugh, Parker, Eltzroth & Detrick, of Hampton, for respondent.

The issue in this case is whether Appellant obtained title to real property by acquiescence of Respondent’s predecessors to a change in the boundary line between adjoining lots.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
10862   Bruce R. Kenner, Allison B. Kenner, Deborah A. Bramlett, and Charles D. Bramlett, Jr., Appellants v. USAA Property and Casualty Insurance, Respondent.

Daniel Ernest Peagler, of Columbia; and Lex A. Rogerson, Jr., of Lexington, for appellants. Robert Y. Knowlton and Roopal S. Ruparelia, both of Haynsworth, Sinkler, Boyd, of Columbia, for respondent.

This case involves the question of a whether a homeowner’s insurance policy was effectively cancelled before the loss occurred.

Wednesday, December 11, 2002
Courtroom II
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5)  
10885   The State, Respondent v. Charles Butler, Appellant.

Deputy Chief Attorney Joseph L. Savitz, III, Assistant Appellate Defender Robert M. Dudek and Assistant Appellate Defender Tara S. Taggart, all of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Charles M. Condon, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Senior Assistant Attorney General Norman M. Rapoport, all of Columbia; and Solicitor Donald V. Myers, of Lexington, for respondent.

In this criminal matter, the appellant appeals his convictions for trafficking in cocaine and unlawful possession of a pistol. He contends the trial court erred in denying his motion to suppress the evidence, which allegedly was obtained as the result of an unlawful pat-down search of appellant, a passenger in a lawfully stopped vehicle.

 10:15 a.m. (Time Limits: 10 - 10 - 5)  
10753   Louise (Meredith) Tucker, Respondent v. Karl L. Kenyon, Robert P. Lusk, d/b/a Kenyon & Lusk, P.A.; Kenyon, Lusk & Anderson, P.A.; Advocates, Inc.; James N. Hodges; NCNB of South Carolina, a Corporation; and L. Kerry Bailey, and Gene Bailey, individually and d/b/a B&B Investments Company, Defendants, of whom L. Kerry Bailey and Gene Bailey, individually and d/b/a B&B Investments Company are Appellants.

Harold P. Threlkeld, of Anderson, for appellants. Francis T. Draine, of Columbia, for respondents.

Louise (Meredith) Tucker brought this action seeking a constructive or resulting trust against real property she had transferred to her former attorney. The special referee restored Tucker’s title to the property. L. Kerry Bailey and Gene Bailey, individually and d/b/a B & B Investments, who had purchased the property, appeal.

Cases to be Submitted Without Oral Argument
10778    Companion Property and Casualty Insurance Company, Respondent v. The South Carolina Procurement Review Panel, Rooney McArthur & Suggs, Inc., and The South Carolina Insurance Reserve Fund, of whom Rooney McArthur & Suggs, Inc., is Appellant.

10781    Pruitt & Pruitt, Attorneys at Law, PA, Appellant v. Robert J. Leonardi, Betty K. Leonardi, Bank of America, NA, and South Carolina Department of Revenue and Taxation, Respondents.

10784    Runway Entertainment, Inc., d/b/a The Landing Strip, Appellant v. Henry Orr, Respondent.

10789    Rogers Grading, Inc., Respondent v. JCM Corporation of York County and Joseph C. Miktuk, Appellants.

10792    William D. Enfinger, P.L.S., d/b/a Enfinger and Associates, PA, PLS #4667, Appellant v. South Carolina Department of Labor, Licensing and Regulation, State Board of Registration for Professional Engineers and Land Surveyors, Respondent.

10793    Jacqueline Elliott, Appellant v. Horry County, Self-Insured Employer, through the S.C. Counties Workers' Compensation Trust, a Self-Insurers Fund, Respondent.

10794    Ronald Lewis Douglas and Tony Glen Douglas, as Co-Personal Representatives of the Estate of Rufus Glen Douglas, Deceased, Appellants v. Marie Douglas and James W. Webster, Respondents.

10796    Ervin and Marlene Crowley, for themselves and on behalf of all other similarly situated individuals, Respondents v. NationsCredit Financial Services Corporation and Balboa Life Insurance Company, Defendants, of whom Balboa Life Insurance Company is Appellant.

10800    Terri Lynn Porter, Appellant v. Robert Scott Porter, Respondent.

10802    Laura H. Rogers, Respondent-Appellant v. James P. Rogers, Appellant-Respondent.

10804    South Carolina Department of Revenue, Appellant v. Springs Industries, Inc., Respondent.

10807    South Carolina Department of Health and Environmental Control, Respondent v. Richard Redding, d/b/a Carolina Tan, Appellant.

10842    Janice Lynn Warren, Respondent v. Merastar Insurance Company, Appellant.

10844    Leslie F. Pharr (nka Leslie Francis), Appellant v. Nelson Harris Pharr, Respondent.

10853    Scott A. Belcher, Respondent v. Rebecca J. Davis, Appellant.

10890    The State, Respondent v. Richard Bennett Fuller, Appellant.

10894    The State, Respondent v. Anthony Leroy Mattison, Appellant.

10965    The State, Respondent v. Richard Kevin Patterson, Appellant.

10982    The State, Respondent v. Freda L. Byers, Appellant.

11017    The State, Respondent v. Vincent Boseman, Appellant.

11048    The State, Respondent v. Lerone J. Rouse, Appellant.

11077    The State, Respondent v. Tony Edward Murphy, Appellant.

11099    The State, Respondent v. Danny Thompson, Appellant.

11102    The State, Respondent v. Dexter Wigfall, Appellant.

11123    The State, Respondent v. Shawn Dwight Johnson, Appellant.

11126    The State, Respondent v. Jessie Crosby, Appellant.