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 6, 2005
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
13842   Theresa Ann Baldwin, as Personal Representative of the Estate of John Gerald Baldwin, Respondent v. Robert Peoples, Appellant.

Charles E. Carpenter, Jr.,and Karl S. Brehmer, of Columbia, for Appellant. Bryan D. Ramey, of Piedmont, and John S. Nichols, of Columbia, for Respondent.

In this wrongful death action resulting in a $300,000 jury verdict for the plaintiff, Robert Peoples appeals various rulings of the trial judge, including the grant of a directed verdict for the plaintiff on the issue of liability and the granting of a new trial nisi additur on damages alone in the amount of $357,469.31 for a total award of $657,469.31.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
13784   The State, Respondent v. Johnny L. Knight, Appellant.

David F. Stoddard, of Anderson, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General David A. Spencer, and Assistant Attorney General Sabrina Todd, of Columbia, and Solicitor Christina Theos Adams, of Anderson, for Respondent.

Knight appeals from his conviction for possession of methamphetamine, arguing he was unlawfully arrested for carrying concealed brass knuckles. Thus, he argues, the search incident to the arrest which led to the discovery of the drugs was unlawful.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
13945   Roberta Selleck Pirri, Respondent/Appellant, v. John S. Pirri, Appellant/Respondent.

Adam Fisher, Jr., of Greenville, for Appellant-Respondent. J. P. Anderson, Jr., of Greenwood, for Respondent-Appellant.

In this domestic cross-appeal, Husband argues the court erred in valuing the marital property and in awarding Wife attorney's fees. Wife argues the court erred in: (1) failing to award alimony; and (2) ruling that property obtained prior to 1996, when the couple moved to South Carolina, was nonmarital and not subject to equitable distribution because the couple's common-law marriage did not exist prior to that date.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
13565   Steve W. McConnell, Appellant v. John Burry, Rabon Creek Watershed Conservation District of Fountain Inn, South Carolina, T.H. Walker, Jr., Defendants, of whom John Burry is the Respondent.

H.W. Pat Paschal, Jr.,of Greenville, for Appellant. W. Francis Marion, Jr., for Respondent.

Steven W. McConnell brought this action against John Burry, who developed the subdivision where McConnell's lot lies within the 100-year flood hazard line, for fraud, breach of fiduciary duty, negligence, negligent misrepresentation, constructive fraud, fraudulent concealment, negligent/reckless non-disclosure of land defects, breach of implied warranty of fitness for intended use, breach of general warranty in deed and breach of the South Carolina Unfair Trade Practices Act. Following a complicated procedural history, the trial court granted summary judgement in favor of Burry. McConnell appeals.

 12:30 p.m. (Time Limits: 10 - 10 - 5 )  
13729   Union Corrugating Company, Respondent, v. Gary A. Harris, Appellant.

Robert Bethune King, Jr., of Anderson, for Appellant. James A. Merritt, Jr. and Claude E. Hardin, of Columbia, and Camden R. Webb, of Raleigh, for Respondent.

Gary A. Harris appeals the circuit court's grant of Union Corrugating Company's motion to enforce a North Carolina default judgment granted on Union Corrugating's claim that Harris breached a covenant against competition.

Wednesday, December 7, 2005
Courtroom I
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
13879   Amy N. Fennell and Thomas Lakelan Fennell, Appellants v. Lilly S. Filler, M.D., and Women Physicians Associates OB/GYN P.A., Respondents.

Charles L. Henshaw Jr., of Columbia, for Appellants. Julius W. McKay II, and Andrew F. Lindemann, of Columbia, for Respondents.

In this medical malpractice case, the question is whether the trial court erred in refusing to give a requested jury instruction.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
13892   The State, Respondent v. Michael Cunningham, Appellant.

Acting Chief Attorney Joseph L. Savitz, III, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Deborah R. J. Shupe, of Columbia, and Solicitor John R. Justice, of Chester, for Respondent.

This criminal appeal presents the issue of whether the circuit court erred in refusing to grant a mistrial based upon a statement made by a police officer on cross-examination that contained allegedly inadmissible material.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
13898   Miller L. Love, Jr., Respondent v. Ann B. Love, Appellant.

Evander G. Jeffords,of Florence, and John S. Nichols, of Columbia, for Appellant. Joseph O. Burroughs, Jr.,of Conway, and J. Michael Taylor, of Columbia, for Respondent.

In this domestic action, the Court analyzes an alimony agreement between the parties, specifically whether it was properly modified by the family court.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
13745   The State, Appellant v. Henry Poplin, Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Sally W. Elliott, and Assistant Attorney General David Spencer, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Appellant. Assistant Appellate Defender Robert M. Dudek, of Columbia, for Respondent.

In this appeal by the State, the Court analyzes a guilty plea and the subsequent grant of post conviction relief to the defendant. Specifically, we determine whether the State may retry the defendant on all the initial charges.

Tuesday, December 6, 2005
Courtroom II
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
13887   The State, Respondent v. Frank Robert Patterson, Appellant.

Assistant Appellate Defender Robert M. Dudek, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General William Edgar Salter III, and Solicitor Warren Blair Giese, of Columbia, for Respondent.

Appellant was convicted of murder. The issues on appeal are: (1) did the judge err by ruling a witness's entire statement to the police could be read to the jury under Rule 106, SCRE; (2) did the judge err by refusing to instruct the jury on causation and/or proximate cause where there was evidence the victim was taken off of a respirator and her feeding tube was removed; and (3) did the judge err by ruling Appellant could not waive his presence during a witness's testimony.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
13832   Jesse D. Smith, Appellant v. Young's Food Store, Inc., Respondent.

James K. Holmes, of Charleston, for Appellant. F. Barron Grier, III and Lauri S. Darwin, of West Columbia, for Respondent.

Smith appeals the trial court's ruling dismissing his negligence action against Young's Food Store for lack of jurisdiction. The trial court ruled Smith is a statutory employee of Young's Food Store; therefore, the Workers' Compensation Act is Smith's exclusive remedy.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
13884   Watts Construction Company, Inc. and Donald Watts, Appellants v. Gerald H. Feltes and Lupe Feltes, Respondents.

S. Jahue Moore and Katherine Carruth Link, of West Columbia, for Appellants. George A. Kastanes, of Gilbert, for Respondents.

Watts Construction and Donald Watts appeal the master in equity's ruling holding them liable for breach of a construction contract and breach of the implied warranty of workmanlike service and awarding damages in favor of Felts. Donald Watts, individually, appeals the master in equity's ruling holding him personally liable on the construction contract.

 12:30 p.m. (Time Limits: 10 - 10 - 5 )  
13809   Rhonda Hendrix, Individually and as the duly appointed Guardian Ad Litem of Haley Hendrix, a minor under the age of fourteen years, Appellant v. Duke Energy Corporation, Mike Burton, Individually and d/b/a Burton Plumbing and Electrical Service, Burton Plumbing and Electrical Service, Inc., Recreational Factory Warehouse of Greenville, Inc., and Tri-State Installations, Inc., Defendants, Of whom Duke Energy Corporation is the Respondent.

J. Edward Bell, III, of Sumter, for Appellant. James W. Logan, Jr., of Anderson, for Respondent.

Rhonda Hendrix brought this action against Duke Energy Corp. and others on behalf of her daughter Haley, who suffered an electrical shock and became unconscious when she attempted to swim from a boat to a dock owned by Hendrix on Lake Keowee. Hendrix asserts that a pool she purchased and the associated electrical wiring was improperly installed and that Duke Energy Corp. was negligent in its management of Lake Keowee and in its inspection and permitting of the dock. The trial court granted Duke Energy's motion for summary judgment, finding it owed no duty to Hendrix as a matter of law. Hendrix appeals, arguing the trial court erred in granting summary judgment to Duke Energy because it owed a duty of care to Haley arising from (1) its ownership and management of the lake, (2) the provisions of a Federal Energy Regulatory Commission (FERC) order that allegedly created a duty for Duke Energy to inspect the dock for electrical code violations, and (3) the Shore Management Guidelines and Duke Energy's alleged undertaking to inspect the dock. Hendrix further argues the trial court erred in ruling the South Carolina Recreational Use statute limited Duke Energy's liability

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
13949   Gerri B. McDill, individually and as Guardian as Litem for Garrett B. McDill, Appellant v. Mark's Auto Sales, Inc., J. Mark Lawhon, DMD, James Marion Lawhon, Jr., and Christopher M. Lawhon, a minor over the age of fourteen, Respondents.

William P. Hatfield and Robert D. McKissick, of Florence, for Appellant. G.D. Morgan, Jr. and Albert R. Pierce, Jr., of Columbia, for Respondents Mark's Auto Sales & James Marion Lawhon, Jr. Karl S. Brehmer and J. Austin Hood, of Columbia, for Respondent J. Mark Lawhon, DMD. Charles E. Carpenter and Carmen V. Ganjehsani, of Columbia, for Respondent Christopher M. Lawhon, a minor over the age of 14.

Gerri McDill brought this action on behalf of her son, Garrett, seeking damages as the result of an automobile accident. On appeal, McDill contends the trial court erred in excluding the testimony of a trooper regarding the cause of the accident.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
13076   Moffet McDill, Gerri McDill, and Garrett McDill, A minor, Ryan Street, A minor, Edward Lee, A Minor, Courtland Rogers, A minor, Defendants, of whom Moffet McDill, Gerri McDill, and Garrett McDill, A minor are, Respondents, v. Nationwide Mutual Insurance Company and Nationwide Mutual Fire Insurance Company, Appellants.

J.R. Murphy, of Columbia, for Appellants. William P. Hatfield and Robert D. McKissick, of Florence, for Respondents.

Nationwide Mutual Insurance Company and Nationwide Mutual Fire Insurance Company appeal from an order of the trial court that reformed an automobile insurance policy to include underinsured motorist coverage (UIM) and granted summary judgment to the insureds.

Cases to be Submitted Without Oral Argument
12956    The State, Respondent v. David Mitchell Tucker, Appellant.

13736    The State, Respondent v. Willie Lee Hagood, Appellant.

13794    The State, Respondent v. Craig Middleton, Appellant.

13803    South Carolina Department of Social Services, Respondent v. Melissa Wilson Evans, Carl Evans, John Doe, and Melissa Hope Evans, DOB 1/23/01, Defendants, of whom Melissa Wilson Evans is the Appellant.

13810    A Fast Photo Express, Inc., f/k/a Devine Street Camera, Inc., d/b/a American Fast Photo & Camera, Jay Specter, and Barbara Specter, Plantiffs, v. First National Bank of Chicago, M.P.H. Holdings, Inc., Thomas J. Russell and John Doe, Defendants, AND M.P.H. Holdings, Inc., Third-Party Plantiff, v. Barbara Specter,T hird-Party Defendant. M.P.H. Holdings, Inc., Respondent, v. Jay Specter and Barbara Specter, Appellants.

13844    David T. Brunson, Appellant, v. Chantalle M. C. Brunson, Respondent.

13846    Kenneth L. Amerson, Personal Representative of the Estate of Sallie Louise A. Newsome, Appellant v. Gena Phillips Ervin, as Personal Representative of the Estate Harley A. Newsome, Christine N. Tolson, Individually and as Conservator for Sallie Louise A. Newsome, deceased; Cely Baker Reynolds, as Guardiam ad Litem for Sallie Louise A. Newsome, deceased; John H. Newsome, Sr. and John H. Newsome Jr., Defendants, Of Whom Christine N. Tolson, John H. Newsome, Sr. and John H. Newsome Jr. are the Respondents.

13852    The State, Respondent v. William D. Workman, Appellant.

13865    Fatima Shaikh, Appellant v. State Farm Mutual Automobile Insurance Company, Respondent.

13866    Southeastern Realty and Construction, Inc., Respondent v. Myron Burdge and Judy Burdge, Appellants.

13870    Raymond Thomas, d/b/a All-In-One Construction, Appellant v. Kenneth C. Steinbronn and Shannon F. Steinbronn, Respondents.

13871    John E. Johnson, III, Appellant v. Estate of Ralston E. Smith, Respondent.

13872    Isaac Clutch Ware, Respondent v. Tradesman International Inc., and National Fire Insurance Co., Appellants.

13875    The State, Respondent v. Heather R. Herring, Appellant.

13877    The State, Respondent v. Charles Allen Henderson, Appellant.

13878    The State, Respondent v. Leonard A. Carter, Appellant.

13880    James M. Rodriquez and Lise Rodriguez, Appellants v. Eugene A. Eline, M.D., Lowcountry Bone & Joint Surgery, P.A., Lowcountry Medical Group, LLC., and Beaufort Memorial Hospital, Respondents.

13882    Tammy Rowe, Appellant v. Advance America, Cash Advance Center & Loletta "Buffy" Grant, Responents.

13883    Jane Addis Hunnicutt, Respondent v. Stanley Philips Hunnicutt, Appellant.

13897    Betty Kelley, Appellant v. Henry Kelley, Respondent.

13908    The State, Respondent v. Christopher Ryan Nalley, Appellant.

13919    Rick Schnellmann and Jennifer Schnellmann, Appellants v. Nancy Roettger, Respondent.

13921    Sandra Bush, Employee, Appellant v. South Carolina Department of Corrections, Employer and State Accident Fund, Carrier, Respondents.

13922    Wayne Whitlock, Respondent v. Finley Siding, Inc., and Auto Owners Insurance Company, Appellants.

13947    Shannon L. Beish, Appellant v. Mint Management, Inc., d/b/a Scottish Inn - Hardeeville, Respondent.

13948    Clarence A. Beish, Appellant v. Mint Management, Inc., d/b/a Scottish Inn - Hardeeville, Respondent.