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 11, 2007
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
15490   White Hat Properties, Appellant, v. The Town of Hilton Head Island, and The Town of Hilton Head Island Board of Zoning Appeal, Respondents.

James O. Hale, of Hilton Head Island, for Appellant. Gregory Milam Alford, of Hilton Head Island, for Respondents.

White Hat appeals Hilton Head's Board of Zoning Appeals' finding a lot was designated as a golf course or open space, when Hilton Head previously issued a building permit for two single family houses on the lot.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
15484   William Butts, Appellant v. C.R. England Trucking and Cambridge Integrated Services Group Inc., Defendants, Of Whom C.R. England Trucking is the Respondent.

E. Courtney Gruber, of Charleston, for Appellant. Clarke W. McCants, III, of Aiken, for Respondent.

William Butts was awarded lifetime workers' compensation benefits by a Single Commissioner, which was reduced by the Appellate Panel. Butts appeals from the circuit court's order affirming, arguing the circuit court erred in ruling there was substantial evidence to support the Panel's findings (1) that he did not sustain a psychological injury or the aggravation of a pre-existing psychological injury as a result of his accident, and (2) that his inability to maintain employment was not due to his work related injury.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
15448   James A. Bell, Jr., Respondent, v. Patsy G. Knight, as Treasurer of Dorchester County, Suzanna H. Davis, as Delinquent Tax Collector of Dorchester County, and Adolph Fraser, Defendants, Of Whom Adolph Fraser is the Appellant.

Arthur C. McFarland, of Charleston, for Appellant. James B. Richardson, Jr., of Columbia, for Respondent.

Fraser appeals the master-in-equity's finding a tax sale was void, when the tax collector failed to notify the deceased property owner's heirs prior to the tax sale.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
15487   Mehujael Romero, Respondent, v. Sylvester White and Christina White, Appellants.

Douglas W. MacNeille, of Hilton Head Island, for Appellants. Terry L. Finger, of Hilton Head Island, for Respondent.

White appeals the Master in Equity's order granting Romero ownership of a one acre lot in Beaufort County. The issues raised by White involve the existence of an enforceable contract for sale of real property, the admissibility of Romero's testimony, the statute of frauds, and the award of specific performance.

 12:30 p.m. (Time Limits: 10 - 10 - 5 )  
15472   Joan Bell McKinney, Appellant, v. Kimberly-Clark Corporation, Employer, Respondent.

E. Ros Huff, Jr., of Irmo, for Appellant. Clarke W. McCants, III, of Aiken, for Respondent.

McKinney appeals the circuit court's order affirming the Workers' Compensation Commission's finding that Kimberly-Clark should select McKinney's treating physician for ongoing care after she was determined permanently and totally disabled.

Wednesday, December 12, 2007
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
15486   Clifford A. Atkins, Appellant, v. Horace Mann Insurance Company, Respondent.

Angela W. Abstance and E.T. Moore, Jr., of Barnwell, for Appellant. Karl Brehmer, of Columbia, for Respondent.

Atkins appeals the circuit court's order finding Horace Mann Insurance Company carried its burden of proving a meaningful offer of underinsured motorist coverage was made to Atkins.

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
15451   The State, Respondent, v. Jaleel V. Page, Appellant.

Appellate Defender Eleanor D. Cleary, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. 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 Kevin Scott Brackett, of York, for Respondent.

Page appeals the circuit court's order allowing the State to introduce evidence that a non-testifying co-defendant implicated Page in a statement to the police.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
15279   Hibah O. Osman, M.D., Respondent/Appellant, v. South Carolina Department of Labor, Licensing, and Regulation, South Carolina State Board of Medical Examiners, Appellant/Respondent.

Kenneth P. Woodington and Lynne W. Rogers, of Columbia, for Appellant-Respondent. F. Barron Grier, III and Lauri Soles Darwin, of West Columbia, for Respondent-Appellant.

In this medical disciplinary proceeding, the SCDLLR, South Carolina State Board of Medical Examiners found Dr. Hibah O. Osman's conduct fell below the applicable standard of care and warranted a public reprimand. The administrative law court upheld the sanction of a public reprimand, but deleted one provision in the order regarding her future practice. Dr. Osman and SCDLLR have filed cross appeals. In its appeal, SCDLLR contends (1) the administrative law court erred in striking part of the Medical Board's sanction on a ground that was not raised by Dr. Osman, and (2) even if the decision of the administrative law court was procedurally correct, it was substantively in error to strike part of the sanction because the sanction was well within the Medical Board's authority. In contrast, Dr. Osman argues the administrative law court erred in imposing a public reprimand and fine on her as her actions did not violate rules of ethical conduct and there is no substantial evidence in the record to support the imposition of a public reprimand.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
15493   BP Staff, Inc., Appellant, v. Capital City Insurance Company, Respondent.

Ellison F. McCoy and D. Randle Moody, II, of Greenville, for Appellant. Mark Aloysius Cullen, of West Palm Beach, Florida, for Respondent.

BP Staff, Inc., challenges an order of the Administrative Law Court (ALC) upholding a decision of the Department of Insurance approving the application of an experience modification factor of 1.33 in determining appropriate workers' compensation insurance premiums instead of a neutral experience modification factor of 1.0. The issues raised by BP Staff in this appeal are (1) whether the ALC improperly elevated the Experience Rating Plan Manual promulgated by the National Council on Compensation Insurance to the status of a statute or regulation; (2) whether the ALC incorrectly held the list of changes in ownership set forth in the Experience Rating Plan Manual was not a restrictive list; (3) whether substantial evidence supported the finding by the Department of Insurance concerning the experience modification factor that should apply to BP Staff's workers' compensation premiums; and (4) whether the Department of Insurance committed an error of law in failing to reopen the record to consider additional information after the close of the hearing.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
15478   L. Brownell Combs, II, Respondent, v. Wilhelmina Combs, Appellant.

William S. Tetterton, of Camden, for Appellant. Thomas E. Lydon, of Columbia, for Respondent.

The issue in this appeal is whether the Master in Equity for Kershaw County erred in finding he had subject matter jurisdiction in a mortgage foreclosure action involving real property located in Kershaw County when appellant claims the rights of the parties, former husband and wife, were adjudicated in their Florida divorce proceeding.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
15480   Dove Data Products, Inc., Appellant, v. Jamie Deveaux, Respondent.

Paul M. Platte, of Columbia, for Appellant. Walker Coleman and Ellis Lesemann, of Charleston, for Respondent.

Appellant Dove Data Products appeals the trial court's grant of summary judgment in favor of Respondent Jamie DeVeaux on Appellant's causes of action for breach of contract, breach of implied covenant of good faith and fair dealing, misappropriation of trade secrets, tortious interference with contractual relations, interference with prospective contractual relations, breach of employee duty of loyalty, and violation of the South Carolina Unfair Trade Practices Act. Additionally, Dove Data Products appeals the trial court's order to dissolve a preliminary injunction enjoining DeVeaux from soliciting or doing business with Dove Data customers.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
15491   Case Number 2001-CP-40-3330 Newsmall Clemson, LLC, Appellant, v. Earth Management Systems, Inc., Respondent; Case Number 2002-CP-40-2778 John H. Newsome, Jr., Appellant, v. Earth Management Systems, Inc., Respondent.

T. Alexander Beard, of Mt. Pleasant, for Appellants. Charles E. Hill, James L. Werner, and Michael E. Kozlarek, of Columbia, for Respondent.

Appellants Newsmall Clemson LLC, and John H. Newsome, Jr. appeal the trial court's grant of directed verdict in favor of Respondent Earth Management Systems, Inc., on Appellants' causes of action for negligence, negligent misrepresentation, and violation of the South Carolina Unfair Trade Practices Act.

Thursday, December 13, 2007
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
15514   Jodi Howard, Respondent, v. Calvin Roberson and Troy Lawhorn, Defendants, of whom Calvin Roberson is Appellant.

William Bailey Woods, of Lexington, for Appellant. Gary Walton Popwell, Jr., of Columbia, for Respondent. Gary H. Johnson II, of Columbia, for Defendant Troy Lawhorn.

In this civil case, the Appellant presents the following issues: (1) Did the trial court err in effectively granting a new trial nisi additur based on the Thirteenth Juror Doctrine? (2) Did the trial court err in directing a verdict in favor of the Plaintiff on the issue of liability when the evidence did not support a directed verdict against one individual defendant or both defendants jointly? (3) Did the trial court err in granting a new trial against defendant Calvin Roberson only, for damages only, based upon the Thirteenth Juror Doctrine?

 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
15511   Jerry Danny Hall, Employee, Respondent, v. Desert Aire, Inc., Employer and Travelers Casualty & Surety Company, Carrier, Appellants.

Frank R. Warder, Jr., of Charleston, for Appellants. Malcolm M. Crosland, Jr., of Charleston, for Respondent.

In this workers' compensation case, the Appellants raise two issues: (1) Was the Appellate Panel's conclusion supported by substantial evidence? (2) Did the Claimant's injury satisfy the requirements of section 42-1-160 and applicable case law? Specifically: A. the "arising out of" prong of section 42-1-160, and B. the "in the course of" prong of section 42-1-160.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
15449   Dixie Belle, Inc., a South Carolina Corporation, Respondent, v. Larry C. Redd, Larry Clifton Redd, Bruce A. Green and Triple Crown Land Development, LLC., Appellants.

C. Rauch Wise, of Greenwood, for Appellants. Harold P. Threlkeld, of Anderson, for Respondent.

In this civil case, the Appellants posit two issues: (1) Did the trial court err in awarding prejudgment interest on the judgment when Dixie Bell failed to request prejudgment interest on the cause of action that was submitted to the jury? (2) Did Dixie Bell establish that the parties had agreed to a sum certain so as to entitle it to prejudgment interest when the testimony was ambiguous as to the method for calculating alleged damages and the jury rejected the plaintiff's theory that a contract for a specific amount existed?

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
15450   The State, Appellant, v. Eston Groome, Respondent.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Shawn L. Reeves, of Office of the Attorney General, of Columbia, and Solicitor Robert M. Ariail, of Greenville, for Appellant. James H. Price, III, and J. Falkner Wilkes, of Greenville, for Respondent.

In this criminal case, the trial court granted Groome's motion to suppress drug evidence obtained as a result of a license checkpoint, finding the checkpoint violated the Fourth Amendment.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
15481   Thomas Lee Brown, Plaintiff, v. Gina Marie (Stiles) Brown, Defendant, and Gina Marie (Stiles) Brown, Respondent, v. Myron L. Brown & Carol J. Brown, Appellants.

Richard L. Patton, of Greer, for Appellants. Kenneth C. Porter, of Greenville, for Respondent.

In this divorce action, the family court judge awarded attorney's fees and costs against an involuntarily joined third party.

Cases to be Submitted Without Oral Argument
15353    Carmen Pellitteri, Employee, Respondent, v. Pellitteri Tile, Employer, and South Carolina Property and Casualty Guaranty Company, Carrier, Defendants, Of whom South Carolina Property and Casualty Guaranty Company is the Appellant.

15355    Tony D. Jones,Appellant, v. Harold Arnold's Sentry Buick, Pontiac, Employer and SC Automobile Dealers Association, Carrier,Respondents.

15431    The State,Respondent, v. Curtis Scott,Appellant.

15432    The State,Respondent, v. Christopher Lee O'Donald,Appellant.

15444    Gary Slezak,Appellant, v. State of South Carolina,Respondent.

15446    David L. Hess and Ceferina G. Hess, Appellants, v. Janice D. Norton and James C. Daniel (children of Jane D. Crum) and Russell M. Lawrence, Defendants, of whom: Janice D. Norton and James C. Daniel are Respondents.

15469    William K. Middleton,Appellant, v. Julie A. Middleton,Respondent.

15471    Wallace H. Richardson, Sr.,Respondent, v. Lee County School District, Employer, and South Carolina School Boards Insurance Trust, Carrier,Appellants.

15473    Ex Parte: Auto-Owners Insurance Company, Respondent. In Re: Lewis Lesesne Scott,Plaintiff, v. Wayne K. McGraw, Jr.,Defendant, v. Brandon Smith, as Personal Representative of the Estate of Tracy Smith, Deceased, Appellant.

15476    The State,Respondent, v. Heather Alley,Appellant.

15477    The State,Respondent, v. Michael James Franks,Appellant.

15482    Charles Brown,Appellant, v. Deputy Winston Leonard, Orangeburg County Sheriff's Department, John Jordan, and Heilig Meyers,Respondents.

15483    Jesse Cook and Toni Smith as natural parent and Guardian ad Litem for Tracie Smith, a minor under the age of fifteen, Appellants, v. State Farm Automobile Insurance Company, Respondent.

15508    The State,Respondent, v. Reginald Tyrell Clea,Appellant.

15509    In the Matter of the Care and Treatment of Wayne Wooten, Respondent, The State of South Carolina, Appellant.

15512    Bobby S. Foggie, Sr., Employee,Appellant, v. General Electric Co., Employer, and Electric Insurance Co., Carrier,Respondents.

15513    Ronald C. Harris,Appellant, v. Penn Warranty Corporation and West Main AutomotiveRespondents.

15525    In the Matter of the Care and Treatment of Robert Lee Cogdill, Appellant.

15533    Mary Frances Newton and Timothy Robert Newton, Respondents, v. South Carolina Department of Transportation, Appellant.

15534    Midland Parkway Associates, LLP, Appellant, v. George Touras, Equity Properities and Development Company, Wilmington Trust Company, as Trustee for Southland-Summerville W. D. Delaware Business Trust, and Principal Mutual Life Insurance Company, Respondents.

15665    Richard C. Dalton,Respondent v. State of South Carolina,Petitioner

15668    South Carolina Department of Social Services, Respondent, v. Tonya Gail Hogan, Calvin Johnson, John Doe and Calvin Daquan Johnson DOB: 7/18/99, Defendants, Of Whom Calvin Johnson is the Appellant.

15732    Department of Social Services, Respondent, v. Nancy Nichols, Don Jay Nichols, James Brown, and Heath Swabs, Defendants, Of Whom Nancy Nichols and Don Jay Nichols are Appellants. In the interests of: Kimberly Nicole Gable, DOB: 09/06/94; James Daniel Gable, DOB: 2/12/97; Minors Under The Age Of 18.