PREV | December 2003 | NEXT |
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 9, 2003 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11872 The State, Respondent v. Arthur Tyrone Davis, Appellant. Assistant Appellate Defender Robert M. Dudek, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General Deborah R.J. Shupe, all of Columbia; and Solicitor Cecil Kelley Jackson, of Sumter, for respondent. This case involves whether the trial court erred by allowing the state to rescind a plea agreement with the Defendant, where the Defendant allegedly failed to comply with the agreement’s provisions. Additionally, the case addresses whether the state may admit statements into evidence that were made by the Defendant during the plea agreement discussions.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
11881 Ernest J. Smith, Sr., Respondent v. Joanne Rucker, Appellant. Thomas B. Bryant, III, of Bryant, Fanning & Shuler, of Orangeburg, for appellant. S. Jahue Moore and M. Ronald McMahan, Jr., both of Moore, Taylor & Thomas, of West Columbia, for respondent. Rucker appeals the master-in-equity's finding that the property she and her husband owned "for and during their joint lives and upon the death of either of them, then to the survivor of them, his or her heirs and assigns forever in fee simple, together with every contingent remainder and right of reversion" was a joint tenancy and therefore subject to partition. Rucker argues that the estate was a tenancy-in-common with an indestructible right of survivorship.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
11867 Electro-Lab of Aiken, Inc., Appellants v. Sharp Construction Co., of Sumter, Inc., Respondents. Robert J. Harte and David W. Miller, both of Aiken, for appellants. Thomas B. Jackson, III, of Columbia, for Respondents. This case is a breach of contract action. Electro-lab, a subcontractor, argues that a general contractor’s use of its bid in the general contractor’s bid package formed a contract when Electro-lab began performance on the project in reliance on the general contractor’s use of its bid. Electro-lab also argues that the trial court erred when it excluded testimony concerning profits made on a similar project as evidence of damages.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
11258 Barbara Hyland Davis, Appellant-Respondent v. Randall L. Davis, Respondent-Appellant. David A. Wilson, of Horton, Drawdy, Ward & Jenkins; and Kenneth C. Porter, of Porter & Rosenfeld, both of Greenville, for appellant-respondent. Elizabeth Kimberly Berry, of Greenville, for respondent-Appellant. This is a divorce action. Wife is arguing on appeal that family court undervalued Husband’s 50% ownership in two businesses by applying marketability and minority shareholder discounts and incorrectly determining the net asset value of one of the businesses. Wife also argues the family court undervalued Husband’s Harley Davidson motorcycle by using its Kelly Blue Book value, erred in denying her permanent periodic alimony, and erred in awarding Husband primary placement of the children. Husband counterclaims arguing the family court erred in excluding the testimony of his expert regarding the valuation of his business interest.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
11846 South Carolina Department of Social Services, Plaintiff v. Carolina Ledford, James P. Berlin, and, Leigha Berlin, DOB 02/02/93, Defendants, of whom South Carolina Department of Social Services is Respondent, and, James P. Berlin is Appellant. Ziva Peleg Bruckner, of Augusta, GA, for appellant. Dennis M. Gmerek, of Aiken, for respondent. Guardian Ad Litem: Lark W. Jones, of N. Augusta. This is a termination of parental rights case in which the family court judge terminated Ledford’s parental rights over his minor child based on abandonment. Ledford appeals arguing his abandonment was not willful due to his incarceration and the trial judge was biased as demonstrated by his extensive questioning.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
11675 Vincent A. Vogt, Appellant v. Murraywood Swim and Racquet Club, Respondent. Frank Anthony Barton; and H. Wayne Floyd, both of W. Columbia, for appellant. Thomas C. Salane and R. Hawthorne Barrett, both of Turner, Padget, Graham & Laney, of Columbia, for respondent. This appeal concerns a challenge to the circuit court’s determination of Appellant’s status as a licensee as a matter of law.
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Wednesday, December 10, 2003 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11961 The State, Respondent v. Michael Laquincy Higgins, Appellant. Assistant Appellate Defender Robert M. Pachak, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General Deborah R.J. Shupe, all of Columbia; and Solicitor William Townes Jones, of Greenwood, for respondent. The issue in this case is whether house arrest should count as time served for which credit should be given during sentencing. The trial court gave Higgins credit for time spent in jail prior to sentencing but not for his house arrest while on bond.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
11965 The State, Respondent v. Randy Wakefield Anderson, Appellant. Assistant Appellate Defender Robert M. Dudek, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Derrick K. McFarland, all of Columbia; and Solicitor William Townes Jones, of Greenwood, for respondent. Anderson appeals his convictions for murder, armed robbery, and conspiracy, arguing the trial court erred in admitting his post-arraignment statement because it was taken in violation of his sixth amendment right to counsel. He further argues that the trial court erred in admitting hearsay testimony.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
11998 The State, Respondent v. Bynum Rayfield, Appellant. Jack B. Swerling, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney Charles H. Richardson and Senior Assistant Attorney General Harold W. Coombs, Jr., all of Columbia; and Solicitor John R. Justice, of Chester, for respondent. This appeal concerns a challenge to the exercise of peremptory strikes pursuant to Batson v. Kentucky, as well as a challenge to the charge of S.C. Code Ann. Section 16-3-657 to the jury.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
11883 Home Port Rentals, Inc., Appellant v. Roger Moore, Respondent. M. Dawes Cooke, Jr., and Phillip S. Ferderigos, both of Barnwell, Whaley, Patterson & Helms, of Charleston, for appellant. Thomas W. Bunch, II, and L. Jefferson Davis, IV, both of Robinson, McFadden & Moore, of Columbia, for respondent. This appeal concerns the availability of tolling the ten-year period in S.C. Code Ann. Section 15-39-30 pursuant to Section 15-3-30 in order to enforce a judgment.
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12:30 p.m. | (Time Limits: 10 - 10 - 5) |
11894 In the Interest of Christopher H., a Minor Under the Age of Seventeen, Appellant.
Assistant Appellate Defender Tara Taggart, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, 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 Jay E. Hodge, Jr., of Cheraw, for respondent. Christopher H. plead guilty to second-degree burglary and grand larceny of a Yamaha four-wheeler. He appeals arguing that he did not validly waive his right to counsel and that his guilty plea was not knowingly, voluntarily, and intelligently entered.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
11863 Irene Oakley, Appellant v. Estate of Arthur Oliver Sedano and John P. Bacot, Jr., as Personal Representative for the Estate of Arthur Oliver Sedano, Respondents. James L. Hills, of Myrtle Beach, for appellant. Ronald R. Norton, of Conway, for respondents. This case involves whether the statute of limitations or laches bars a claimant from enforcing a New York child support decree against an estate being probated in South Carolina, where the claimant seeks retroactive child support, and the supported minor reached the age of majority in 1960.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
11914 Baird Pacific West, Appellant v. Blue Water Sunset Park, Inc., Respondent. Michael S. Seekings, of Charleston, for appellant. Joseph R. Barker, of Bethea, Jordan & Griffin, of Hilton Head Island, for respondent. In this appeal from a grant of summary judgment to the defendant in a breach of contract action, issues related to the determination of marketability of title and the award of attorney fees and legal costs are addressed.
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4:00 p.m. Supersedeas Hearing | (Time Limits: 00 - 00 - 0) |
3 Denis Dorsey, Petitioner-Appellant v. Connie Nix Dorsey, Respondent-Respondent. Victoria L. Eslinger, of Nexsen, Pruet, Jacobs & Pollard, of Columbia, for petitioner-appellant. Nikki Giles Setzler, of Setzler & Scott, of W. Columbia; and James Thomas McLaren, of McLaren & Lee, of Columbia, for respondent-respondent. Guardian ad Litem: Doni M. Bouknight, of Sherman & Bouknight, of Columbia.
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Thursday, December 11, 2003 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11677 George C. Greene, III, and Molly F. Greene, Respondents v. Jack W. Griffith, Appellant, And the State of South Carolina, Respondent. George H. McMaster, of Tompkins & McMaster, of Columbia; and Desa A. Ballard, of W. Columbia, for appellant. W. Foster Gaillard and Thomas L. Harper, Jr., both of Buist, Moore, Smythe & McGee, of Charleston; and Attorney General Henry Dargan McMaster, Deputy Attorney General Treva G. Ashworth and Assistant Deputy Attorney General J. Emory Smith, Jr., all of Columbia, for respondents. This appeal involves an action to quiet title, and considers issues related to adverse possession, slander of title, easement of necessity, and an award of special damages.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
11976 The State, Respondent v. Andre D. Skanes, Appellant. James Arthur Brown, Jr., of Beaufort, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Assistant Attorney General Deborah R.J. Shupe, all of Columbia; and Solicitor Randolph Murdaugh, III, of Hampton, for respondent. This case involves whether admission of out-of-court statements violated the hearsay doctrine and the confrontation clause.
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11:00 a.m. Rehearing | (Time Limits: 10 - 10 - 5 ) |
12425 Venture Engineering, Inc., Petitioner v. Tishman Construction Corporation of South Carolina, Timberland Properties, Inc., The South Carolina Public Service Authority (Santee Cooper), and High Point Capital, LLC, Defendants, of whom The South Carolina Public Service Authority (Santee Cooper) is the Respondent. G. Michael Smith, of Conway; Julio E. Mendoza, Jr., of Columbia; and Mark Andrew Brunty, of Myrtle Beach, for petitioner. John Hamilton Smith; and Stephen Peterson Groves, Sr., both of Charleston; Elizabeth H. Warner; and John Samuel West, both of Moncks Corner; and Francis B.B. Knowlton, of Columbia, for respondent. This case involves whether property granted in fee simple determinable subject to a condition subsequent may be re-entered and re-claimed by the grantor without the grantor being subject to a mechanic’s lien when the land was encumbered by the determinable estate holder.
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11:45 a.m. Rehearing | (Time Limits: 10 - 10 - 5 ) |
12342 Frances Walsh as Personal Representative of the Estate of Jerome Walsh, Deceased, and in her individual capacity, Respondent v. Joyce K. Woods, f/k/a Joyce K. Walsh, Petitioner. Kelli Lister Sullivan; and John S. Nichols, both of Columbia, for petitioner. Russell H. Putnam, Jr., of Hinesville, GA, for respondent. This is an appeal of the grant of summary judgment which determined that a former spouse, not the surviving spouse, was entitled to the deceased's employer sponsored pension benefits.
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Tuesday, December 9, 2003 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11918 Wayne Schmidt and Terri J. Schmidt, Appellants v. Michael C. Courtney and Kemper Sports of Crowfield, Inc., d/b/a Crowfield Golf and Country Club and Westvaco Development Corporation, both SC Corporations, Defendants, of whom Kemper Sports of Crowfield, Inc., d/b/a Crowfield Golf and Country Club is Respondent. Joseph F. Kent, of Mt. Pleasant, for appellants. Stephen E. Darling, of Haynsworth, Sinkler & Boyd, of Charleston, for respondent.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
12011 The State, Respondent v. Charles Pagan, Appellant. Deputy Chief Attorney Joseph L. Savitz, III, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General S. Creighton Waters, all of Columbia; and Solicitor Edgar Lewis Clements, III, of Florence, for respondent.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
11917 Seabrook Island Property Owners Association, Appellant v. Marshland Trust, Inc., Orangehill Plantation, LLC, and Michael Casa, Respondents. David B. Wheeler and Edward T. Fenno, of Moore & Van Allen, of Charleston, for appellant. Timothy A. Domin, of Clawson & Staubes, of Charleston, for respondents.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
12002 The State, Appellant v. Terrence Damon Johnson, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson and Senior Assistant Attorney General Mark Rapoport, all of Columbia; and Solicitor Ralph E. Hoisington, of Charleston, for appellant. Anthony B. O'Neill, of Charleston, for respondent.
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Wednesday, December 10, 2003 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11610 Hitachi Electronic Devices (USA), Inc., Appellant v. Platinum Technologies, Inc., Platinum Technology Financial Services, Computer Associates International, Inc., NewCourt Financial USA, Inc., and CIT Group, Inc., Defendants, of whom Platinum Technologies, Inc., Platinum Technology Financial Services, and Computer Associates International, Inc., are Respondents. William S. Brown and Henry M. Burwell, both of Nelson, Mullins, Riley & Scarborough, of Greenville, for appellant. H. Donald Sellers and Boyd B. Nicholson, Jr., both of Haynsworth, Sinkler & Boyd, of Greenville, for respondents.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
11878 Alvin Herbert Shuman, Respondent-Appellant v. Charleston Lincoln Mercury, Inc., & Haywood B. Hyman, Sr., Appellants-Respondents. G. Dana Sinkler, of Warren & Sinkler, of Charleston; and
W. Reilly Marchant, of Richmond, VA, for appellants-respondents. W.E. Jenkinson, III, of Jenkinson & Jenkinson; and Helen Tyler McFadden, both of Kingstree, for respondent-appellant.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
11936 Jack L. Hinton, Jr., #188521, Appellant v. South Carolina Department of Probation, Parole & Pardon Services, Respondent. William M. Hagood, III, of Love, Thornton, Arnold & Thomason, of Greenville, for appellant. J. Benjamin Aplin, of South Carolina Department of Probation, Parole & Pardon Services, of Columbia, for respondent.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
11600 The State, Respondent v. Helen Marie Douglas, Appellant. Jack B. Swerling, of Columbia, for appellant. Jonathan S. Gasser; Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka; and Solicitor Michael Pascoe, Jr., all of Columbia, for respondent.
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12:30 p.m. Hearing on Respondent's Motion to Dismiss | (Time Limits: 00 - 00 - 0) |
1 Charleston County Department of Social Services, Respondents v. Stacey Klepp-Egge, Michael Carlous, Cade Howell, John Doe, and Joshua Belanger, DOB: 04/10/97, Defendants, of whom Stacey Klepp-Egge is Appellant. Theresa J. Leinbach, of Charleston, for appellant. Sally Dey and Steven R. Ruemelin, both of Department of Social Services, of N. Charleston, for respondent. Guardian ad Litem: J. Howard Yates, of Charleston.
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Thursday, December 11, 2003 | |
Courtroom II
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
11632 The Late Terry Henson, by Harriet Hunt, his Aunt and Appointed Guardian ad Litem and Personal Representative, Appellant v. International Paper Company, Georgetown Steel Corporation, the City of Georgetown and Georgetown County, Defendants, of whom International Paper Company, is Respondent. Gregg E. Meyers, of Charleston; and J. David Flowers, of Greenville, for appellant. Sean K. Trundy, of Pratt-Thomas, Epting & Walker, of Charleston, for respondent.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
11397 Gina Marlowe McDowell, Appellant v. Kevin L. McDowell, Respondent. Joseph O. Burroughs, Jr., of Conway; and J. Michael Taylor, of Golden, Taylor, Potterfield & Barron, of Columbia, for appellant. Michael W. Self, of McDougall & Self, of Sumter; and Robert L. Widener, of McNair Law Firm, of Columbia, for respondent. Guardian Ad Litem: Blake Allen Martin, of Conway.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
11901 The State, Respondent v. Norman Emanuel Pauling, Appellant. Assistant Appellate Defender Robert M. Pachak, of SC Office of Appellate Defense, of Columbia, for appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney Charles H. Richardson and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia; and Solicitor Edgar Lewis Clements, III, of Florence, for respondent.
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Cases to be Submitted Without Oral Argument | |
11672 |
In the Matter of the Care and Treatment of James Wilson Gray, Jr., Appellant.
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11780 |
Wade M. Jenkins, Respondent v. Janna Grooms Watkins Jenkins, Appellant.
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11783 |
Douglas G. Davis and Brenda F. Davis, Respondents v. Eddie R. Gravley, Appellant.
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11789 |
William Settlemeyer, Appellant v. Katherine McCluney, Respondent.
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11792 |
Anna Mae Morgan, Plaintiff, Appellant v. David Wayne Morgan, Defendant, Respondent; And, Martha Ann Bartlett, Third Party Defendant, Respondent.
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11849 |
Janis Munnerlyn and Tommy Brasington, Individually and as Representatives of the Greenbriar Subdivision Homeowners Association, Plaintiffs v. Earl Moody, Defendant-Third Party Plaintiff v. Marianne Van Witzenburg, Walter Hardee, Judy L. Mitchum, et al., Third-Party Defendants. AND of whom Earl Moody is the Appellant; And, Janis Munnerlyn and Tommy Brasington, Individually and as Representatives of the Greenbriar Subdivision Homeowners Association are the Respondents.
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11851 |
Claudette E. Hicks, Respondent v. Timothy W. Brown, Appellant.
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11852 |
Jonathan Williams, Appellant v. James W. Mahaffey and Yellow Cab of Greenville, Respondents.
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11886 |
Tim O. Ward, Respondent v. Sharen Elizabeth Ward, Appellant.
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11888 |
Margie Lane, Appellant v. Donald Lane, Respondent.
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11890 |
Philip L. Causey and Brenda L. Causey, Appellants v. Total Comfort, Inc., Respondent.
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11899 |
The State, Respondent v. Monlito Maurice Orange, Appellant.
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11908 |
Frank Gordon, Jr., as Attorney-in-Fact for Dorothy Gordon, Respondent v. Rudolph Robert Drews, and Raymond Beasley, Appellant.
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11909 |
Frances Adena Fuller, Individually and as Personal Representative of the Estate of Robert Ray Fuller, Deceased, Respondent v. Gerald E. Blanchard, Appellant.
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11913 |
Larry Zobel, d/b/a Zobel Builders, Appellant-Respondent v. Barbara S. Derrick and First Union Mortgage Corporation, Defendants, of whom Barbara S. Derrick is the Respondent-Appellant.
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11984 |
Abbott Sign Company, Inc., Appellant v. South Carolina Department of Transportation, Respondent.
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12010 |
The State, Respondent v. William Charles Seich, Appellant.
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12071 |
The State, Respondent v. Cory Sentell Harris, Appellant.
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12078 |
The State, Respondent v. Thomas Wayne Richardson, Appellant.
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12289 |
The State, Respondent v. Alvin Simuel, Appellant.
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