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.
Monday, December 4, 2006
Courtroom I
(Court convenes at 2:00 p.m.)
 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
14555   Stephen Anvar, M.D., Appellant, v. Greenville Hospital System, John R. Sanders, M.D., John Rowell, M.D., Tim Sullivan, M.D., Robin Kelley, M.D., and Fleming Mattox, M.D., Respondents.

L. Henry McKellar, Christian Stegmaier, and Suzanne C. Boulware, of Columbia, for Appellant. Sally M. Purnell and Matthew P. Utecht, of Greenville, for Respondents.

Appellant Stephen Anvar, M.D., appeals from an order of the circuit court granting summmary judgment to the Respondents, Greenville Hospital System and others, on his claim for civil conspiracy. The case arises out of Anvar's claim that he was wrongfully suspended and placed on probation after Respondents found he improperly used a medical device that was not approved for use on patients outside of an approved clinical trial.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
14565   The State, Appellant, v. Arthur Franklin Smith, Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, of Office of the Attorney General, of Columbia, and Solicitor I. McDuffie Stone, III, of Beaufort, for Appellant. Acting Chief Attorney Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

The State appeals from the grant of a new trial to Arthur Franklin Smith, whom the jury convicted of first-degree criminal sexual conduct. The State contends the trial court abused its discretion by granting Smith a new trial based on the alleged coaching of the victim when Arthur failed to object contemporaneously at the time the alleged coaching occurred.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
14622   Christopher Reid Bowyer, Respondent/Appellant, v. Kristi C. Bowyer, Appellant/Respondent.

Richard H. Rhodes and M. Noel Turner, of Spartanburg, for Appellant-Respondent. William G. Rhoden, of Gaffney, for Respondent-Appellant. David Michael Collins, Jr., of Spartanburg, for Guardian Ad Litem.

This is a cross-appeal from a divorce decree. The isssues on appeal concern the grounds for divorce, custody of the parties' children, alimony, attorney fees, and payment of the marital debts.

Tuesday, December 5, 2006
Courtroom I
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14409   Ernest Bartlett Altman, Respondent, v. Vicky Griffith, Appellant.

Donald Bruce Clark,of Charleston; J. Mark Taylor, of West Columbia; and Robert Rosen, of Charleston, for Appellant. John Graham Altman, III, of Hanahan, and D. Mark Stokes, of North Charleston, for Respondent. Graham Edward Hawkins, III, of Charleston, Guardian Ad Litem.

Vicky Griffith (Mother) appeals the family court's order awarding Ernest Bartlett Altman (Father) custody of their minor child (Child). Mother argues the family court erred in: (1) awarding custody to Father without requiring him to prove a substantial change of circumstances; (2) awarding custody to Father absent a substantial change of circumstances; (3) awarding custody to Father even though Father repeatedly deceived the family court order about his drug use; (4) admitting Dr. Elizabeth Baker Gibbs' testimony on issues other than whether Father physically abused Child; (5) finding Mother and her family made repeated unfounded accusations and charges against Father; (6) punishing Mother for exercising her right to negotiate visitation through her attorney; (7) finding Father had a stronger focus on the daily welfare and care of Child; and (8) determining that awarding Father custody was in the best interest of Child.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14617   The Vestry and Church Wardens of the Church of the Holy Cross, a South Carolina Corporation, Appellant, v. Orkin Exterminating Company, Inc., Respondent.

Thomas S. Tisdale, Jr., and David Jay Parrish, of Charleston, for Appellant. J. Rutledge Young, III, of Charleston; Kenneth R. Young, Jr., of Sumter; and R. Wade Marionneaux, of Atlanta, GA, for Respondent..

This case presents the issue of whether a juror's admitted misconduct was so prejudicial that it deprived the parties of a fair and impartial jury trial.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
14597   South Carolina Department of Corrections, Appellant, v. Darrell Williams, Respondent.

Lake Eric Summers, of Columbia, for Appellant. Douglas H. Westbrook, of Charleston, for Respondent.

The Department of Corrections has a longstanding policy that an inmate's pending grievance is terminated upon his release from prison. The case questions whether constitutional due process considerations trump that policy and require the department to continue processing the grievance.

Tuesday, December 5, 2006
Courtroom II
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14593   Richard Kimmer, Respondent, v. Murata of America, Inc. and Liberty Mutual Insurance Company, Appellants.

Pope D. Johnson, III, of Columbia, for Appellants. Thomas H. Pope, of Newberry, for Respondent.

In this workers' compensation case, the employee settled a liability case against a third party. The employer and carrier contend that the workers' compensation action is barred because the employee destroyed the subrogation rights granted under sections 42-1-550 and 42-1-560. The employee avers that the issue is novel and there is no prejudice to the employer/carrier in regard to the settlement of the third party action in this matter.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14623   Deborah S. Davis, Respondent, v. James Kelly Davis, Appellant.

Michael David Wood and Patricia O'Neill DeTreville, of Charleston, for Appellant. William J. Clifford, of North Charleston, for Respondent.

In this domestic relations action, the Appellant posits several issues on appeal: (1) Did the Family Court err in construing the parties' agreement on a reservation of alimony? (2) Did the Family Court err in awarding alimony to the Respondent? (3) Did the Family Court properly hold Appellant/Husband in contempt? (4)Did the Family Court err in requiring the Appellant to pay additional sums to Respondent as a result of the refinancing of the former marital home? (5) Did the Family Court err in requiring Appellant to pay attorney's fees and expenses for the Respondent, and in setting the amount of such fees and expenses required of Appellant at $28,037.45? (6) Did the Family Court err in including in its Order references to sidebar conferences which are not part of the record in this case?

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
14620   Alexander's Land Company, L.L.C.; Alexander's Restaurant Company, Inc.; Franz Auer; John Peterson, Jr., and Bruce O. Rossmeyer, Plaintiffs, Of Whom Alexander's Land Company, L.L.C.; Alexander's Restaurant Company, Inc. are the Appellants, v. M&M&K Corporation; IFBIFB Corporation, and Roger Keyes, Defendants, and M&M&K Corporation; IFBIFB Corporation, Respondents.

C. Mitchell Brown, of Columbia; Richard A. Farrier, Jr., Walter T. Cox, III, and Andrea K. St. Amand, of Charleston; for Appellants. Stephen E. Carter, of Hilton Head Island, for Respondents.

This appeal involves the interpretation of an option to purchase real estate contained in an Asset Acquisition Agreement. Alexander's Land Co. (Alexander's) entered into an Agreement to purchase certain assets of an ongoing restaurant operation owned by M&M&K (MMK). Within the terms of the Agreement was an option to purchase the land and building owned by IFBIFB (IFB). Alexander's and MMK completed the asset purchase and sale but IFB refused to sell the real estate, claiming Alexander's failed to properly exercise the option. The trial court found that Alexander's had not exercised the option. Alexander's appeals seeking specific performance and damages for the delay.

Thursday, December 7, 2006
Horry County Courthouse
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14421   Mid-South Management Company Incorporated and William C. Buchheit Trust A, as partners of Spartanburg Beach Cove Associates, a general partnership and a joint venturer of Beach Cove Associates Joint Venture, and Beach Cove Associates Joint Venture, Appellants, v. Sherwood Development Corporation, a joint venturer of Beach Cove Associates Joint Venturer; Coastal Financial Corporation, Coastal Federal Savings Bank; Coastal Mortgage Bankers and Realty Co., Inc., John Doe, who represents unidentified shareholders of Sherwood Development Corporation; Michael C. Gerald and James T. Clemmons, Respondents.

Michael Warner Battle, of Conway, and Michael B.T. Wilkes and D. Alan Lazenby, of Spartanburg, for Appellant Mid-South Management Company Inc. Robert E. Stepp and Amy Hills, of Columbia, for Respondents.

Mid-South appeals the master-in-equity's refusal to pierce the corporate veil of Sherwood, arguing: (1) Sherwood was a mere instrumentality or alter ego of the parent corporations; (2) the elements for piercing the veil were met; and (3) the parent corporations were liable under an amalgamation of interests theory.

 
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14445   Inlet Harbour; a South Carolina General Partnership, Respondent v. The South Carolina Department of Parks Recreation and Tourism, Appellant, v. Inlet Harbour Property Owners Association, Inc., Respondent.

Mark Andrew Nappier, of Myrtle Beach, and James B. Richardson, Jr., of Columbia, for Appellant. Dominic A. Starr, of Myrtle Beach, for Respondent Inlet Harbour.

SCDPRT claims the circuit court erred in failing to find an easement for ingress and egress over Inlet Harbour Drive included residential purposes.

 
 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14394   James Alfred Goff, Appellant, v. Drenetha Dale Goff, Respondent.

Irby E. Walker, Jr., of Conway, for Appellant. Joseph F. Singleton, of Conway, for Respondent.

James Alfred Goff appeals: (1) the family court's denial of his request to declare the alimony portion of the final order and divorce decree null and void; and (2) the family court's award of fourteen thousand dollars of attorney's fees and costs to Drenetha Dale Goff.

 
 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
14842   Stella Sue Roland, Steven Roland, Charles Wright, Patricia Wright, Sea Turtles, LLC, Woods Brown, Jeanne Brown, Lois Glander, Jean King, Michael King, Joseph Lucas, Diane Lucas, Robert Boineau and Avian Golf Investments, LLC, and Lawrence Ridgeway, Respondents, v. Heritage Litchfield, Inc., Heritage Communities, Inc., and Build Star Corporation, Appellants, and Build Star Corporation, Third Party Plaintiff, v. Right Way Construction, Inc., Donovan Brothers Roofing and Restoration, Inc., and Sam's Drywall, Third Party Defendants.

Eric G. Fosmire and Andrew N. Cole, of Collins & Lacy, of Columbia, for Appellants. Saul Gliserman, of Charleston, for Respondent Lawrence Ridgeway. William D. Britt, of Columbia, for Respondents Stella Roland, Steven Roland, et al.

Respondents sued Appellants alleging that the defective construction of their condominiums resulted in water intrusion and the growth of toxic mold in their units, rendering them uninhabitable. The trial court granted Respondents' motion for summary judgment as to liability. On appeal, Appellants argue summary judgment was improper because (1) there are issues of material fact yet to be resolved regarding liability; and (2) the area allegedly impacted by mold is in the common area, which Respondents do not own.

 
 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
14614   St. Luke United Methodist Church by its Trustees, Mary Robinson, Sonia Dickey, Ivory Eaddy, Ronald Johnson, Lenora R. McAllister, Johnny McDowell, Julia McDowell, Syntheair Mack Hill, Beverly E. Smith, Appellants, v. Lynn Coker Browder, Mark B. Browder, Robert R. McGee and Patricia P. Coker, Respondents.

D. Malloy McEachin, Jr., of Florence, for Appellant. Charles Craig Young, of Florence, for Respondents.

Appellant claims the lower court erred in finding a prescriptive easement over St. Luke’s Cemetery, and that the lower court erred in finding that Blue Stone Drive has been a public road since 1973.

 
Friday, December 8, 2006
Horry County Courthouse
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14551   Sundown Operating Company, Inc., a South Carolina corporation; Sunrise Coin Company, Inc., a South Carolina corporation; and High Noon Properties, Inc., a South Carolina corporation; Respondents/Appellants, v. Intedge Industries, Inc., a New Jersey corporation; Quickie Food Stores of North Myrtle Beach, Inc., d/b/a Hardwick's Bar & Restaurant Supplies, a South Carolina corporation; BFPE International, Inc., f/k/a Atlantic Fire Systems, Inc., a Maryland corporation; Wormald Fire Systems, Inc., f/k/a Ansul Fire Systems, Inc., a Delaware corporation; and Ansul Incorporated, a Delaware corporation, Defendants, of whom BFPE International, Inc., f/k/a Atlantic Fire Systems, Inc., a Maryland corporation is Appellant/Respondent.

Charles E. Carpenter, Jr. and Carmen V. Ganjehsani, of Columbia, and Michael S. Hopewell, of Florence, for Appellant-Respondent. Susan Corner Rosen, of Charleston; Daniel Francis Blanchard, III, of Charleston; and Peter Fredrick Asmer, Jr., of Charlotte, NC, for Respondents-Appellants.

Appellant/Respondent claims the entry of default entered against them was based upon invalid service and should have been set aside for good cause. Respondents/Appellants claim the master-in-equity erred in refusing to grant prejudgment interest, and the circuit court erred by invalidating the service of the summons and complaint that occurred on August 28, 2001, and by ruling the Defendant's motion complied with SCRCP 6(d) and 7(b)(1).

 
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14571   The Sovereign Group, Inc., Appellant, v. Surfmaster Owners Association, Inc., Respondent.

Stephen G. Morrison and Paul T. Collins, of Columbia, for Appellant. Arthur E. Justice, Jr., J. Jakob Kennedy, of Florence, and R. Hawthorne Barrett, of Columbia, for Respondent.

In an appeal from a foreclosure action with a counterclaim of negligence and breach of contract, Appellant claims the trial court erred in failing to grant a new trial pursuant to the thirteenth juror doctrine, or in the alternative, a new trial nisi additur, and that the trial court erred in denying the Appellant’s motion to amend its complaint to assert a cause of action for civil conspiracy.

 
Cases to be Submitted Without Oral Argument
14570    Donald J. Strable, Appellant, v. Estate of Kenneth Strable, Respondent.

14585    The State, Respondent, v. Eddie Pauling, Appellant.

14586    The State, Respondent, v. Roy Vance McElveen, Appellant.

14587    The State, Respondent, v. Curtis Jerome Mitchell, Appellant.

14588    The State, Respondent, v. Travis Whitmire, Appellant.

14594    K & K, a Limited Partnership, Respondent, v. E & C Williams Mechanical & Welding, Incorporated, Appellant.

14598    The State, Respondent, v. Antwan L. Donaldson, Appellant.

14600    Randall D. Collins and Ann Shalley Collins, Appellants, v. Barbara Griffin, individually and as Trustee of the Griffin Living Trust, Joe Ann Knox as Trustee of the Knox Living Trust and Oconee County, Defendants, Of Whom Barbara Griffin, individually and as Trustee of the Griffin Living Trust and Oconee County are the Respondents.

14601    Henry M. Cole, Appellant, v. Dennis A. Fried, M.D., and East Cooper Regional Medical Center, Respondents.

14602    Jean E. Cooksey, Appellant, v. Wachovia Bank, N.A., Respondent.

14603    Dutch Fork Development Group II LLC, & Dutch Fork Realty, LLC, Appellants, v. Sel Properties, LLC & Stephen E. Lipscomb, Respondents.

14613    Daisy Wallace Simpson, Respondent/Appellant, v. William Robert Simpson, individually and as shareholder/member of Simpson Farms, L.L.C. and William R. Simpson, Jr., as a shareholder/member of Simpson Farms, L.L.C., Appellants/Respondents.

14615    Traci Denise Scott, Appellant, v. South Carolina Department of Motor Vehicles, Respondent.

14618    James Byrd, Respondent, v. Delores Brown Byrd, Appellant.

14625    Julie W. Hewett, Respondent, v. Donnie Hewett, Appellant.

14626    Delores Holmes, Respondent, v. Samuel Holmes, Appellant.

14628    The State, Respondent, v. Charles LeRoy Dean, Appellant.

14629    The State, Respondent, v. James Michael Houston, Appellant.

14630    The State, Respondent, v. Walter Jenkins, Appellant.

14632    The State, Respondent, v. Willie Singletary, Appellant.

14633    In the Interest of Edward Franklin V., a Juvenile under the age of Seventeen, Appellant.

14635    The State, Respondent, v. Terry Mays, Appellant.

14668    South Carolina Department of Social Services, Respondent, v. Monique Maurrasse and Ricky Nichols, In RE:Latasha Nichols DOB 07/04/91; Catrina Maurrasse DOB 10/04/92; Rickey Nichols, Jr., DOB 10/17/95; A-Nyija Nichols DOB 02/09/97, Defendants, of whom Monique Maurrasse and Ricky Nichols are Appellants.

14694    Mary F. Graves, Respondent, v. William M. Graves, as Personal Representative, Appellant. In the Matter of: Estate of Lawrence B. Graves.

14414    MultiState Diversified Holdings, LLC and Aqua Investors, LLC, Appellants, v. Sand Hills Development & Construction, Inc. and Miracle Wells, LLC, Respondents.

14432    South Carolina Department of Social Services, Respondent, v. Charmaine Holley and John Doe, whose true name is unknown, Defendants, of whom Charmaine Holley is Appellant. In the interests of:Charnell N. Tynes (dob: 02/27/05)Minor(s) under the age of 18.

14498    Cathryn G. Gaither, Respondent, v. William C. Gaither, III, Appellant.

14526    South Carolina Department of Social Services, Respondent, v. Blake Moore,Appellant. In the Interests of: Andrew Moore, DOB: 08/23/93; Jacob Moore, DOB: 07/06/94; Savannah Moore, DOB: 07/11/97,Minors under the age of 18.

14544    The State, Respondent, v. Timothy E. Finley, Appellant.

14553    James Randy Todd, Appellant, v. James Ohara Brereton both Individually and as agent for VT, Inc., Respondent.

14761    South Carolina Department of Social Services, Respondent, v. Emmanuel Owens, Dion Morgan Owens and John Doe, In Re: Vanessa Patrice Owens: DOB: 12/10/1996 and Theresa Elizabeth Owens: DOB: 12/31/1997, Minor Children, Defendants, of whom Emmanuel Owens is Appellant.

14762    Charleston County Department of Social Services, Respondent, v. Gloria Hayward, Arnold Hayward, and John Doe, representing the unknown biological fathers, Ke'ierra Hayward, Shaquoria Mitchell, Tavveon Hayward, Shavon Hayward, Candace Hayward, and Antonio Mitchell Hayward, Antonio Mitchell,and Ke'ierra Hayward, a child, D/O/B 12/11/92, Shaquoria Mitchell, a child, D/O/B 11/05/93, Tavveon Hayward, a child, D/O/B 02/11/95, Shavon Hayward, a child, D/O/B 02/11/95, Candace Hayward, and Antonio Mitchell Hayward, a child, D/O/B 03/26/96, Antonio Mitchell, D/O/B 07/14/97, Defendants,of whom Arnold Hayward is Appellant.

14779    South Carolina Department of Social Services, Respondent, v. Georgia Bowie, Willie Reedy, Marcus Brown, and Briasia Reedy, DOB: 03/09/02; Demarco Brown, DOB: 12/22/00; Defendants, of whom Willie Reedy is Appellant.

14760    South Carolina Department of Social Services, Respondent, v. A. M., Jane Doe, John Doe, and M. B. (DOB: 05/30/02), Defendants, of whom Jane Doe is Appellant.

14554    Carol C. Shaw, Charles W. Shaw, III, J. Roth Snowden, and Delia S. Snowden, Respondents, v. Christopher M. Coleman, Appellant.