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.
Wednesday, December 9, 2009
Courtroom I
(Court convenes at 9:30 a.m.)
 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.

 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.

 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.

 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.

Thursday, December 10, 2009
Courtroom I
(Court convenes at 9:30 a.m.)
 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.

 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

 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.

 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.

 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.

Wednesday, December 16, 2009
Courtroom I
(Court convenes at 2:00 p.m.)
 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?

Thursday, December 10, 2009
Courtroom II
(Court convenes at 10:15 a.m.)
 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.

In this appeal from a DUI conviction, appellant asserts the trial court erred in failing to dismiss the charge or in the alternative, failing to suppress the incident site tape and results of the field sobriety test and breath test because (1) the indident site tape had tracking problems, (2) she was never offered a breath test, and (3) her conduct during the twenty minute pretest waiting period was not videotaped in accordance with S.C. Code Ann. Sections 56-5-2953 and-2950 (2006)

 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.

Appellants contest the circuit court's decision to set aside a tax sale arguing the Respondent failed to file her action within the statute of limitations as set forth in Section 12-51-160 of the South Carolina Code. Alternatively, Appellants argue the doctrine of laches, among other equitable defenses, should have been applied to uphold the sale.

 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.

William Young Martin (Husband) appeals from an order of the family court granting Sandra Jo Martin (Wife) a divorce on grounds of one years' continuous separation. On appeal, Husband argues the family court erred in (1) granting Wife but not him a divorce on grounds of one years' continuous separation; (2) failing to include certain assets in its equitable apportionment of marital property; (3) failing to consider all fifteen statutory factors when dividing marital property; (4) awarding Wife 81% of the marital property; (5) awarding each party one-half of the other party's retirement without considering the tax consequences of such an award; and (6) awarding Wife attorneys' fees and costs.

 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.

In this cross appeal, the City of Georgetown alleges the circuit court erred in denying directed verdict motions on David Ashenfelder's conversion and prescriptive easement causes of action. Ashenfelder alleges the circuit court erred in granting directed verdict motions on his adverse possession, declaratory judgment, estoppel, trespass, and inverse condemnation causes of action.

Cases to be Submitted Without Oral Argument
15379    The State, Respondent, v. Harold Jamar Wilson, Appellant.

16634    The State, Respondent, v. Jamie Goss a/k/a James Gause, Appellant.

16663    The State, Respondent, v. William T. Boyce, Appellant.

16691    The State, Respondent, v. Antonio Roberts a/k/a Anthony Reese, Appellant.

16695    The State, Respondent, v. Ebon Roberts, Appellants.

16713    Gene Duncan, Appellant, v. South Carolina Department of Corrections, Respondent.

16757    The State, Respondent, v. Stacey E. Lingerfelt, Appellant.

16758    The State, Respondent, v. Michael James Laney, Appellant.

16760    The State, Respondent, v. Joseph Leon Zoller, Appellant.

16791    The State, Respondent, v. Thonal Edwards, Appellant.

16835    Entwistle Builders, Inc. A South Carolina Corporation, Appellant, v. Mark Steele Harris, Respondent, v. James M. Entwistle, individually, Defendant.

16837    Ludwig Iglhaut and Darlene Iglhaut, Respondents, v. Fred Buggie, Appellant.

16870    The State, Respondent, v. Charlie Anderson, Jr., Appellant.

16907    The State, Respondent, v. Mark Steven Hoyt, Appellant.

16909    The State, Respondent, v. Donald Hugh Johnson, Appellant.

16926    The State, Respondent, v. Michael Anthony Still, Appellant.

16929    Elaine Arakas Teruel, Respondent, v. Percival Dimen Teruel, Appellant.

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.

16934    The State, Respondent, v. Rudolph Holden, Appellant.

16935    The State, Respondent, v. Brandon C. Mazyck, Appellant.

16972    City of Greenville, Appellant v. Michele Mote McCollum, Respondent.

16973    In The Matter Of The Care and Treatment of Mitchell Shane Matthews, Appellant.

16976    Michael Todd #100636, Appellant, v. South Carolina Department of Parole, Probation and Pardon Services, Respondent.

17002    The State, Respondent, v. Robert Lee Robinson, Jr., Appellant.

17050    The State, Respondent, v. Carlos Antone Bolt, Appellant.

17051    The State, Respondent, v. Anthony L. Freeman, Appellant.

17094    The State, Respondent, v. Harold Griffin, Appellant.

17167    The State, Respondent, v. Titus Abraham Bantan, Appellant.

17180    Cora Jean Rodgers, Appellant v. Upstate Carolina Medical Center and Helen Spencer, Respondents.

17183    Dorothy Hargrove, Appellant v. Carolina Orthopaedic Surgery Associates, PA, Employer and Hartford Fire Insurance Company, Respondents.

17201    The State, Respondent, v. Marques A. Hudson, Appellant.

17210    The State, Respondent, v. Marquita Smith, Appellant.

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.

17836    South Carolina Department of Social Services, Respondent, v. Wanda Montgomery, John Doe In Re: Enrique M., Appellant.