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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.
Wednesday, December 9, 2009 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
17152 Victor N. Ambruoso, MD, and Rachel Ambruoso, Appellants, v. Frank L. Lee, Jr., Respondent. Donald C. Coggins, Jr., and Amanda H. Craven, of Spartanburg, for Appellants. T. David Rheney, of Greenville, and Chadwick Dean Pye, of Spartanburg, for Respondent. Dr. Victor N. Ambruoso and Rachel Ambruoso appeal the trial court's denial of their motions for a new trial. They argue the court should have granted new trial absolute due to the inadequacy of the jury's verdict or new trial pursuant to the thirteenth juror doctrine. They also assert they were entitled to a new trial due to an error in the verdict form.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
17066 Chet A. Wingate, Jr., Appellant, v. Executive Designs, Inc., Robin R. Leonard, Michael J. Gray, Charlotte W. Allen, and Mid-Atlantic Embroidery and Apparel, Inc., Respondents. William Thomas Moody, of York, for Appellant. Leland Greeley, of Rock Hill, for Respondents. In this shareholder dispute, Chester A. Wingate, Jr. appeals the trial court's denial of his motion for a new trial nisi additur or new trial absolute, arguing that the damages awarded to him by the jury were inadequate in light of the evidence presented at trial. Wingate also appeals the trial court's decision to award four Carolina Panthers personal seat licenses to Executive Designs, Inc., contending that the trial court erred by finding that Wingate used corporate assets to purchase the licenses.
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
17085 Southeast Toyota Distributors, LLC, Appellant, v. Jim Hudson Superstore, Inc., d/b/a Jim Hudson Toyota/Scion, Dyer, Inc., d/b/a Dick Dyer Toyota, and Anderson Columbia Acquisition, LLC, d/b/a Toyota Center, Defendants, of whom Anderson Columbia Acquisition, LLC d/b/a Toyota Center is the Appellant,and Jim Hudson Superstore, Inc., d/b/a Jim Hudson Toyota/Scion is the Respondent. C. Mitchell Brown, Steven A. McKelvey, and Thad W. Westbrook, of Columbia, for Appellant Southeast Toyota Distributors, LLC. John T. Lay, Jr. and John J. Pringle, of Columbia, for Appellant Anderson Columbia Aquisition, LLC. Manton M. Grier and Sarah P. Spruill, of Columbia, for Respondent Jim Hudson Superstore, d/b/a Jim Hudson Toyota. Joseph Gregory Studemeyer, of Columbia, for Defendant Dick Dyer, Inc. d/b/a Dick Dyer Toyota. Southeast Toyota Distributors, LLC (SET) brought this declaratory judgment action to determine whether the relocation of the "Toyota Center" dealership in Lexington County is exempt from protest by competing dealers pursuant to S.C. Code Ann. ยง 56-15-46(C). Jim Hudson Superstore, Inc. (Hudson ) and Dick Dyer, Inc. filed counterclaims asserting their protests to the proposed relocation. SET and Hudson filed cross-motions for summary judgment on the exemption issue, and the circuit court granted Hudson's summary judgment motion. On appeal, SET challenges the circuit court's ruling that the proposed relocation is not exempt from protest.
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11:45 a.m. | (Time Limits: 10 - 10 - 5 ) |
17166 The State, Respondent, v. Randy Charles Elders, Appellant. Robert William Mills, 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 Office of the Attorney General, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent. Randy Elders appeals his convictions for armed robbery, assault and battery of a high and aggravated nature, and two counts of kidnapping, arguing that the trial court erred by admitting certain photographs and knives into evidence. Elders also contends that the trial court erred in failing to grant his motion for a directed verdict with respect to his kidnapping charges because charging him with kidnapping after he pled guilty to carjacking violated the Double Jeopardy Clause.
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Thursday, December 10, 2009 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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9:30 a.m. | (Time Limits: 10 - 10 - 5 ) |
17135 The State, Respondent, v. Ricky Lynn Parris, Appellant. Deputy Chief Appellate Defender Wanda H. Carter, 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, and Senior Assistant Attorney General Harold M. Coombs, Jr., of Office of the Attorney General, of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent. In this criminal case, Ricky Lynn Parris appeals his conviction of reckless homicide. Parris argues the trial court erred by: (1) allowing testimony regarding prior crimes and prior bad acts; (2) failing to exclude a police officer's testimony about Parris' right to remain silent; and (3) failing to exclude a police officer's testimony that Parris lacked remorse for the accident.
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
16917 Adrian Hammond, Appellant, v. Gerald and Kimpson, LLP, Milton Kimpson, and Dennis M. Gerald, J.D., Repondents. Adrian Hammond, of Columbia, for Appellant. Dennis Gerald and Milton Gary Kimpson, of Columbia, for Respondents Gerald and Kimpson, LLP & M. Kimpson & D. Gerald A pro se appellant appeals the trial court's dismissal of his legal malpractice claim. Appellant argues the trial court erred in finding (1) he failed to commence the action within the three year statute of limitations, and (2) he failed to state facts sufficient to constitute a cause of action. He also maintains the trial court erred by holding him to the same standard as a licensed attorney
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11:00 a.m. | (Time Limits: 10 - 10 - 5 ) |
17129 The State, Respondent, v. Luther Garner, Appellant. Appellate Defender M. Celia Robinson, of South Carolina Commission on Indigent Defense, of Columbia, and Stuart Mark Axelrod, of Myrtle Beach, 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 Melody J. Brown, of Office of the Attorney General, of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent. In this criminal matter from Horry County, the appellant appeals his convictions for murder, first degree burglary and attempted armed robbery, stemming from a home invasion and beating of Amadro Flores Espinozat. The appellant argues the trial court erred in the following evidentiary rulings: (1) excluding the victim's roommate's statement to the police regarding the date of the victim's death; (2) allowing the 911 tape of the State's key witness, and (3) allowing the State's key witness to bolster and corroborate her testimony through repetition of allegedly inadmissible hearsay statements.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
17181 Christie L. Richitelli and Steve Richitelli, Appellants, v. Motiva Enterprises, LLC d/b/a Texaco; and H.D. Payne & Co., Inc., H.D. Payne and Co. of Greenwood; and Hayne B. Workman, Respondents. John Nichols, of Columbia, John Paul Detrick, of Hampton, and Billy Garrett, Jr., of Greenwood, for Appellants. W. Francis Marion, Jr., Joel M. Bondurant, Jr., and Kenneth N. Shaw, of Greenville, for Respondents. The Richitellis appeal the grant of summary judgment, contending there was an issue of material fact as to whether the respondents had a master-servant relationship with the individual who was directly responsible for Mrs. Richitelli's injuries.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
17149 Ernest F. Middleton, III and Marjorie Ann Middleton as Co-trustees under the last will and testament of Ernest F. Middleton, Jr., Appellants, v. Manly Eubank, 1625 Partnership, A South Carolina General Partnership and Palmetto Ford, Inc., Respondents. Thomas H. Hesse and Daniel S. McQueeney, Jr., of Charleston, for Appellants. Stephen Spitz, of Charleston, Stephen L. Brown and J. Rutledge Young, Jr., of Charleston, for Respondents. In this dispute involving the interpretation of a lease, Ernest Middleton, III, and Marjorie Middleton (Appellants), as co-trustees of the will of Ernest Middleton, Jr., appeal from the Master-in-Equity's order finding in favor of Manly Eubank, 1625 Partnership, and Palmetto Ford, Inc. (Respondents), the lessees of the property owned by Ernest Middleton, Jr.
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Wednesday, December 16, 2009 | |
Courtroom I
(Court convenes at 2:00
p.m.)
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2:00 p.m. | (Time Limits: 10 - 10 - 5) |
15583 Marsha Elaine Massey, Employee, Respondent, v. Werner Enterprises, Inc., Employer, and Liberty Mutual Insurance Corp., Carrier, Appellants. Stanley Case, of Spartanburg, for Appellants. Kathryn Williams and Donald Kamb, Jr., for Respondent. The South Carolina Supreme Court remanded this workers' compensation case to this court for consideration in light of the supreme court's recent opinion in Wilkinson v. Palmetto State Transp. Co., 382 S.C. 295, 676 S.E.2d 700 (2009). On remand, this court will consider the following issues: (1) Was Massey an employee or an independent contractor?; (2) Was Massey a statutory employee within the meaning of the South Carolina Workers' Compensation Act?; (3) Is Massey entitled to workers' compensation benefits in South Carolina even though she received coverage in Nebraska?; (4) Did the commission have jurisdiction over Massey's claim?; and (5) Did the commission err in determining Massey's weekly wage and compensation rate?
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Thursday, December 10, 2009 | |
Courtroom II
(Court convenes at 10:15
a.m.)
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10:15 a.m. | (Time Limits: 10 - 10 - 5 ) |
17202 The State, Respondent, v. Michele Nichole Craig, Appellant. Michael Langford Brown, Jr., of Rock Hill, 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 Office of the Attorney General, of Columbia, and Solicitor Kevin Scott Brackett, of York, for Respondent.
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11:00 a.m. | (Time Limits: 15 - 15 - 5 ) |
17214 Sheila King, Respondent, v. Margaret James, Beaufort County, a political subdivision of the State of South Carolina and Joy Logan, in her capacity as Treasurer for Beaufort County, South Carolina, Appellants. Mary B. Lohr and Jason F. Ward, of Beaufort, for Appellants Beaufort County & Joy Logan, Treasurer. J. Thomas Mikell, of Beaufort, for Appellant Margaret James. Alysoun Eversole, of Beaufort, for Respondent Sheila King.
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2:00 p.m. | (Time Limits: 10 - 10 - 5 ) |
17182 Sandra Jo Martin, Respondent, v. William Young Martin, Appellant. David Alan Wilson, of Greenville, for Appellant. James Sarratt and Travis Verne Olmert, of Greenville, for Respondent.
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2:45 p.m. | (Time Limits: 10 - 10 - 5 ) |
17193 David Ashenfelder, Respondent/Appellant, v. City of Georgetown, Appellant/Respondent. Andrew F. Lindemann, of Columbia, for Appellant-Respondent. David J. Gundling, of Pawleys Island, for Respondent-Appellant.
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Cases to be Submitted Without Oral Argument | |
15379 |
The State, Respondent, v. Harold Jamar Wilson, Appellant.
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16634 |
The State, Respondent, v. Jamie Goss a/k/a James Gause, Appellant.
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16663 |
The State, Respondent, v. William T. Boyce, Appellant.
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16691 |
The State, Respondent, v. Antonio Roberts a/k/a Anthony Reese, Appellant.
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16695 |
The State, Respondent, v. Ebon Roberts, Appellants.
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16713 |
Gene Duncan, Appellant, v. South Carolina Department of Corrections, Respondent.
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16757 |
The State, Respondent, v. Stacey E. Lingerfelt, Appellant.
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16758 |
The State, Respondent, v. Michael James Laney, Appellant.
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16760 |
The State, Respondent, v. Joseph Leon Zoller, Appellant.
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16791 |
The State, Respondent, v. Thonal Edwards, Appellant.
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16835 |
Entwistle Builders, Inc. A South Carolina Corporation, Appellant, v. Mark Steele Harris, Respondent, v. James M. Entwistle, individually, Defendant.
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16837 |
Ludwig Iglhaut and Darlene Iglhaut, Respondents, v. Fred Buggie, Appellant.
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16870 |
The State, Respondent, v. Charlie Anderson, Jr., Appellant.
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16907 |
The State, Respondent, v. Mark Steven Hoyt, Appellant.
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16909 |
The State, Respondent, v. Donald Hugh Johnson, Appellant.
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16926 |
The State, Respondent, v. Michael Anthony Still, Appellant.
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16929 |
Elaine Arakas Teruel, Respondent, v. Percival Dimen Teruel, Appellant.
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16930 |
Glenda Couram, Appellant, v. Time Warner Cable Communications, Inc., d/b/a MC Cable TV Limited Partnership, d/b/a Time Warner Entertainment/Advance Newhouse Partnership, James Bowers and Jim Mosley, Respondents.
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16934 |
The State, Respondent, v. Rudolph Holden, Appellant.
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16935 |
The State, Respondent, v. Brandon C. Mazyck, Appellant.
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16972 |
City of Greenville, Appellant v. Michele Mote McCollum, Respondent.
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16973 |
In The Matter Of The Care and Treatment of Mitchell Shane Matthews, Appellant.
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16976 |
Michael Todd #100636, Appellant, v. South Carolina Department of Parole, Probation and Pardon Services, Respondent.
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17002 |
The State, Respondent, v. Robert Lee Robinson, Jr., Appellant.
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17050 |
The State, Respondent, v. Carlos Antone Bolt, Appellant.
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17051 |
The State, Respondent, v. Anthony L. Freeman, Appellant.
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17094 |
The State, Respondent, v. Harold Griffin, Appellant.
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17167 |
The State, Respondent, v. Titus Abraham Bantan, Appellant.
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17180 |
Cora Jean Rodgers, Appellant v. Upstate Carolina Medical Center and Helen Spencer, Respondents.
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17183 |
Dorothy Hargrove, Appellant v. Carolina Orthopaedic Surgery Associates, PA, Employer and Hartford Fire Insurance Company, Respondents.
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17201 |
The State, Respondent, v. Marques A. Hudson, Appellant.
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17210 |
The State, Respondent, v. Marquita Smith, Appellant.
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17795 |
Charleston County Department of Social Services, Respondent, v. Wendy Joyner and John Doe, representing the unknown biological father or fathers of the child and the child, Defendants, Of Whom Wendy Joyner is the Appellant.
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17836 |
South Carolina Department of Social Services, Respondent, v. Wanda Montgomery, John Doe In Re: Enrique M., Appellant.
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