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 7, 2010
Courtroom I
(Court convenes at 2:00 p.m.)
 2:00 p.m. (Time Limits: 10-10-5)  
18088   Martha Joy Culbreth Myers, Respondent, v. Andrew Michael Myers, Appellant.

W. D. Yarborough, Jr, of Greenville, for Appellant. Timothy E. Madden, of Greenville, for Respondent.

In this divorce action, the Court of Appeals addresses whether the family court erred in its award of permanent periodic alimony to the wife, its division of certain assets in the marital estate, and its decision to require the husband to pay 60% of Wife's attorney's fee.

 2:45 p.m. (Time Limits: 10 - 10 - 5)  
17949   ERIE Insurance Co. as Assignee and Subrogee of Fountain Electric, Inc., Respondent, v. The Winter Construction Company, Appellant.

Richard J. Morgan, of Columbia, and Eric F. Barton and C. Walker Ingraham, of Atlanta, GA, for Appellant. Mason A. Summers, Francis M. Mack, and Emily R. Gifford, of Columbia, for Respondent.

The Winter Construction Company appeals the trial court's grant of summary judgment in favor of Erie Insurance Company. Winter alleges the trial court erred in holding that an agreed upon liquidated damages clause in a subcontract constituted an unenforceable penalty provision.

Wednesday, December 8, 2010
Courtroom I
(Court convenes at 11:00 a.m.)
 11:00 a.m. (Time Limits: 10 - 10 - 5)  
17954   Thomas E. Dority, Employee, Respondent v. Mead Westvaco, Self-Insured Employer, Appellant.

Kirsten Leslie Barr, of Mt. Pleasant, for Appellant. David T. Pearlman, of Charleston, for Respondent.

In this appeal, MeadWestvaco contends the circuit court erred in reversing the decision of the Workers’ Compensation Commission’s Appellate Panel and reinstating the order of the single commissioner.

 2:00 p.m. (Time Limits: 15-15-5)  
17605   Richard M. Pendarvis and Thomas A. Pendarvis, Respondents, v. Jewell K. Cook a/k/a Judy Pendarvis, Appellant.

David Jay Parrish, of Charleston, for Appellant. Thomas A. Pendarvis, of Beaufort, pro se. A. Parker Barnes, Jr, of Beaufort, for Respondent, Richard M. Pendarvis.

This case involves a family land dispute arising out of a long-misunderstood boundary line and a divorce settlement. Appellant, Judy Pendarvis, appeals the master's order granting Respondents, brothers Thomas and Richard Pendarvis, an easement over a portion of a road that was recently discovered to cross onto Appellant's land. The master granted an easement under either or both theories of prescriptive easement and easement implied by prior use. Appellant challenges both theories.

 3:00 p.m. (Time Limits: 10 - 10 - 5)  
17957   Kem Dempsey and L.A. Blue, Appellants, v. Hugh Allen Hoover and Richland County, Respondents.

Kirby D. Shealy III, and Jay Bender, of Columbia, for Appellants. John W. Carrigg, Jr, of Irmo, William H. Davidson, II, and Andrew F. Lindemann, both of Columbia, for Respondents.

After Hugh Allen Hoover began developing his property on Lake Murray, Kem Dempsey and L.A. Blue (Appellants) sought a declaratory judgment and injunctive relief against both Hoover and Richland County (the County). The circuit court granted summary judgment in favor of Hoover and the County. Appellants appeal, arguing the circuit court erred (1) in finding they presented no justiciable controversy and (2) in ruling Appellants failed to demonstrate irreparable harm.

Thursday, December 9, 2010
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5)  
18007   C. S. E. Enterprises, Inc., d/b/a/ RE/MAX At The Coast and Tom Naomi, Appellants, v. Scott L. Lemons and Gold Coast Resorts, LLC, Respondents.

Philip Coleman Thompson, of Conway, for Appellants. Thomas C. Brittain, Mary Madison B. Langway, and Andrew Preston Brittain, of Myrtle Beach, for Respondents.

In this breach of real estate commission contract action, C.S.E. Enterprises, Inc., d/b/a RE/MAX at the Coast and Tom Naomi appeal an interim master-in-equity’s order granting the motion for reconsideration of Scott L. Lemons and Gold Coast Resorts, LLC, and determining appellant was not entitled to the real estate commission to which the original master-in-equity found appellant entitled. Appellants argue the interim master-in-equity erred in (1) reversing the original master-in-equity without reviewing the transcript or recalling witnesses, (2) holding the broker had not earned his commission, (3) considering a partial settlement between the parties, and (4) finding Gold Coast Resorts, LLC had been dismissed from the case.

 10:15 a.m. (Time Limits: 10 - 10 - 5)  
17915   Columbia/CSA-HS Greater Columbia Healthcare System, LP d/b/a Providence Hospital, Appellant, v. The South Carolina Medical Malpractice Liability Joint Underwriting Association and Michael P. Tallion, Respondents.

Monteith P. Todd, C. Mitchell Brown, and Michael J. Anzelmo, all of Columbia, for Appellant. J. Edward Bradley, of West Columbia, and Andrew F. Lindemann, of Columbia, for Respondents.

In this action for equitable indemnification, Providence Hospital alleges the trial court erred in finding section 15-3-545(A) of the South Carolina Code barred its claims for equitable indemnification against Tallion and the Joint Underwriting Association.

 11:00 a.m. (Time Limits: 10 - 10 - 5)  
17938   King Smallwood, Appellant, v. Queen Smallwood, Respondent.

Brian Austin Katonak, of Aiken, for Appellant. Wendy Pauling Levine, of Columbia, for Respondent.

In this domestic action, King Smallwood (Husband) appeals the family court's final decree of divorce, arguing the family court erred in (1) finding three rental properties were marital property, (2) equitably dividing the proceeds from the Southern Union Revolving Fund, and (3) including a portion of Husband's retirement relocation benefit in the marital estate.

 2:00 p.m. (Time Limits: 10 - 10 - 5)  
18051   Stevie Lawson, Claimant,Respondent, v. Hanson Brick America, Inc., Employer and Zurich North America, Carrier, Appellants.

Jason W. Lockhart, Weston Adams, III, and Helen F. Hiser, all of Columbia, for Appellants. Creighton B. Coleman, of Winnsboro, for Respondent.

In this workers' compensation case, Hanson Brick America, Inc. and Zurich North America (Appellants) appeal the circuit court's order reversing the Appellate Panel of the South Carolina Workers' Compensation Commission's finding that Stevie Lawson's knee problems were not causally related to his back injury, and awarding Lawson temporary total disability benefits. The Appellants argue (1) the circuit court engaged in improper fact finding, (2) the Appellate Panel's decision was supported by substantial evidence, (3) the Appellate Panel made sufficiently detailed findings of fact, and (4) the circuit court improperly relied on late-filed medical evidence.

 2:45 p.m. (Time Limits: 10 - 10 - 5)  
18038   Scalise Development, Inc., Respondent v. Tidelands Investments, LLC, Gary Ownbey, and Nominal Defendant Patrick Stathos, LLC, Defendants, of whom, Tidelands Investments, LLC and Gary Ownbey, are Appellants.

Randall K. Mullins and Jarrod E. Ownbey, of North Myrtle Beach, for Appellants. David B. Miller and George W. Redman, III, of Myrtle Beach, for Respondent.

In this breach of contract action, Gary Ownbey and Tidelands Investments, LLC argue the special referee erred in granting Scalise Development, Inc.'s motion for partial summary judgment.

 3:30 p.m. (Time Limits: 10 - 10 - 5)  
17918   Crystal Pines Homeowners Association, Inc., Respondent, v. Don E. Phillips, Crystal Lake Land Developers, Inc., and Crystal Pines Yacht Club, LLC., Appellants.

John D. Hudson and Shaun Blake, of Columbia, for Appellants. Harry Clayton Walker, Jr, of Columbia, for Respondent.

Don E. Phillips, Crystal Lake Land Developers, Inc. and Crystal Pines Yacht Club. LLC (Appellants) appeal the Master-in-Equity's finding that Phillips is the successor in interest to Crystal Lake Land Developers. Inc. and making Appellants responsible for maintaining the roads in the subject property. Also at issue is some residents' claim to an easement entitling them to use a boat ramp.

Wednesday, December 8, 2010
Courtroom II
(Court convenes at 2:00 p.m.)
 2:00 p.m. (Time Limits: 10 - 10 - 5)  
17555   C-Sculptures, LLC, Respondent v. Gregory A. Brown and Kerry W. Brown, Appellants.

William D. Robertson, III, and John S. Nichols, of Columbia, for Appellant. Donald Ryan McCabe, Jr, of Columbia, for Respondent.

The Browns appeal the circuit court's confirmation of an arbitration award arising out of a dispute over money owed to C-Sculptures, LLC as general contractor in the construction of the their home. The Browns claimed C-Sculptures was precluded from seeking to enforce the contract because its contractor's license was for performing work valued at no more than $100,000 while the construction of their home cost over $800,000. They argue the arbitrator manifestly disregarded the law on this point so that the circuit court should have vacated the arbitration award. The Browns further appeal the award of attorney's fees to C-Sculptures arguing C-Sculptures improperly manipulated its pleadings and prayer for relief to position itself as the prevailing party.

 2:45 p.m. (Time Limits: 10 - 10 - 5)  
17907   Virginia McComb, Respondent, v. Ryan Conard, Appellant.

Pope D. Johnson, III, of Columbia, for Appellant. Rebecca R. West, of Lexington, and Bradford Neal Martin, of Greenville, for Respondent. Thomas M. Neal, III, of Columbia, Guardian Ad Litem.

Ryan Conard appeals the family court's decision in this relocation case affecting custody, visitation, a restraining order and attorney's fees.

 3:30 p.m. (Time Limits: 10 - 10 - 5)  
17809   Cody Powell, by and through his Conservator Kelly H. Kelley, and his natural and legal guardian Elizabeth Powell, Respondents, v. Bank of America, N.A., Karen P. Unrue, and Travis Powell, Defendants, of whom Bank of America, N.A. is the Appellant.

C. Mitchell Brown, Clarence Davis, T. William McGee, III, and A. Mattison Bogan, of Columbia, for Appellant. W.E. Jenkinson, III, Jennifer Kellahan, and Ronnie Alan Sabb, of Kingstree, for Respondent Cody Powell. Helen Tyler McFadden, of Lake City, for Respondent Elizabeth Powell.

In this tort action, Bank of America appeals arguing the trial court erred in denying (1) its motion for judgment notwithstanding the verdict (JNOV) as to negligence, (2) its motion for a new trial, and (3) its motion for JNOV as to damages. Finally, Bank of American contends the trial court erred in finding the punitive damage award was reasonable and rational.

Cases to be Submitted Without Oral Argument
17547    John Garrett, Appellant, v. Richard F. Hunter, Jr., Christine E. Hunter, and Jimmy Dean Justice, Respondents.

17634    In The Matter of The Care and Treatment of Steve E. Miller, Appellant.

17645    The State, Respondent, v. Bruce E. Steele, Appellant.

17646    The State, Respondent, v. Johnathan Eugene Martin, Appellant.

17661    Bhaveshkumar R. Patel, Respondent v. Nayana D. Patel, Appellant.

17677    Carrell Homes, Ltd, Appellant, v. Van Osdell, Lester, Howe & Jordan, P.A., Richard E. Lester, J.D., Respondents.

17738    Sharon Graham, Appellant, v. Nelson Graham, Respondent.

17759    Carlton E. Cantrell, Appellant, v. Aiken County, Aiken County Animal Control Director, Shirley Hardin, Aiken County Animal Control Officer Bobby Arthurs, and Judge Charles T. Carter, Defendants, Of whom Judge Charles T. Carter is the Respondent.

17825    C-Sculptures, LLC, Appellants, v. Gregory A. Brown and Kery W. Brown, Respondents.

17851    Donald R. Groce, Appellant, v. Horry County, a Political, Subdivision of South Carolina, Horry County Treasurer, a political Subdivision of South Carolina, Crystal Montgomery in the official capacity as delinquent tax manager, South Carolina Department of Motor Vehicles, Wiley B. Turner, and Scott Hollingsworth, Defendants and Wiley B. Turner, Third Party Plaintiff v. Scott Hollingsworth, d/b/a Hollingsworth Rentals, LLC, Third Party Defendants Of Whom Horry County a Political Subdivison of South Carolina, South Carolina Department of Motor Vehicles, Wiley B. Turner and Scott Hollingsworth, d/b/a Hollingsworth Rentals, LLC are the Respondents.

17871    The State, Respondent, v. Leroy Adams Brown, Appellant.

17885    The State, Respondent, v. Steven Roberts, Appellant.

17886    The State, Appellant, v. Albert Barton Woodard, Respondent.

17887    The State, Respondent, v. Jonathan Stackhouse, Appellant.

17888    The State, Respondent, v. Barbara Wright, Appellant.

17890    The State, Respondent, v. Lemar Thomas Mack, Appellant.

17896    Nationwide Mutual Insurance Company, Inc., and Gilliam Construction Company, Inc., Appellants, v. Eagle Windows & Doors, Inc., American Architectural Products Corporation, Window and Door Concepts, Inc., Charles Goad, Hobbit Plastering, Inc., Phillip L. Bender, Upstate Waterproofing, Inc., Dale Coleman and Gary Churchill, Defendants,of whom, Eagle Windows & Doors, Inc. is the Respondent.

17902    Perjen, Inc. d/b/a Melon's Restaurant and Bar, Respondent, v. Onyx Company, LLC, and Terry Walden, Appellants.

17937    Hattie Bryson Williams and Larry Williams, Appellants, v. Thelma Marie Leake, Lucille Leake, Toyota of Greenville, Southeastern Toytota Distributors, LLC, Toyota Motor Sales, USA, Inc., Defendants, of whom Toyota of Greenville, Southeastern Toyota Distributors, LLC and Toyota Motor Sales, USA, Inc.,Respondents.

17946    Edward Allen Davis, Respondent, v. The Waggoners Trucking, Employer,and The Waggoners Trucking, Self-Insured, Carrier, Appellant.

17948    In the Matter of the Estate of Charles Galen Rider, a/k/a C.G. Rider Carolyn S. Rider, Appellant, v. Estate of Charles Galen Rider, Thomas M. Grady, Personal Representative,Respondent,and Deborah Rider McClure, Ginger C. Rider, Christian James McClure and Austin Patrick McClure, Respondents.

17968    The State, Respondent, v. Altony Brooks, Appellant.

17969    The State, Respondent, v. Hartford Renard Best, Appellant.

17975    The State, Respondent, v. Russell Campbell, Jr., Appellant.

17987    The State, Respondent, v. Jimmy Williams, Appellant.

17989    The State, Respondent, v. Stanley Rasheem Oliver, Appellant.

17991    The State, Respondent, v. Emmith Allen Williams, Appellant.

17992    In The Interest Of Joelle T., A Minor Under The Age Of Seventeen, Appellant.

17993    The State, Respondent, v. Kieve Milik Smith, Appellant.

17994    The State, Respondent, v. Corvin Young, Appellant.

17997    The State, Respondent, v. Decoven Fletcher Seabrook, Appellant.

18040    Clifton Sparks, Appellant, v. Palmetto Hardwood, Inc., and Palmetto Timber S.I. Fund c/o Walker, Hunter & Associates, Inc., Respondents.

18042    Robert Hinson a.k.a. Robert H. Hinson, Jr. Appellant, v. Stafford Park HOA Inc., Ernest Nyeguard, Richard Spatola, Mike Bailey, Individually and as Officers of Stafford Park HOA, Inc. Respondents.

18044    Happy Rabbit, a South Carolina Limited Partnership, and Carolyn D. Cook, Appellants, v. Alpine UItilities, Inc., Respondent.

18062    Amisub of South Carolina, Inc., d/b/a Piedmont Medical Center, Appellant, v. South Carolina Department of Health and Environmental Control, Charlotte Mecklenburg Hospital Authority d/b/a Carolina Healthcare System, and Carolinas Physicians Network, Inc., Respondents.

18068    Robin Cooper & Carol Jean Correll, Respondents, v. Leisure Connections Travel, Inc., Appellant.

18071    Murry Campbell, Respondent v. Ford Motor Company and Haselden Brothers, Inc., Defendants Of Whom Ford Motor Company is the Appellant.

18085    The Richland Horizontal Property Regime Homeowners Association, Inc., Peggy Johnson, and Michael D. McCord, Respondents, v. Sky Green Holdings, Inc., ARC, LLC, Ron Cobb, and also all other person unknown claiming any right, title, estate, interest in or lien upon the real estate described in the Complaint, Appellants.

18087    Nova Homes, Inc., Respondent, v. Harishyam and Seema Sing, Branch Banking and Trust Co., of South Carolina, Appellants.

18095    The State, Respondent, v. Gregory Hemingway-Cox, Appellant.

18097    The State, Respondent, v. Rip Patrick Bryant, Appellant.

18286    The State, Respondent, v. William Bernard Brown, #1, Appellant.

18290    The State, Respondent, v. Terry Arnail Dunovant, Appellant.

18411    Chapell Rhodes Fennell and Huss Cummings Fennell, Jr., Respondents, v. John Ray Black and a minor child under the age of 18 years, Defendants, Of whom, John Ray Black is the Appellant.

17808    Alba Matute, Employee, Appellant, v. Palmetto Health Baptist, Employer,Respondent, and Key Risk Management Services, Inc., Carrier, Respondent.

18081    MPI South Carolina - 1, LLC, Appellant, v. Levy Center, LLC, Boyd Capital, LLC, The Savannah Bank, and The McNair Law Firm, P.A., Respondents.

18080    Catherine Panas, Respondent, v. Richard Panas and Gallina Fielder, Defendants, of whom Richard Panas is the Appellant.

17922    Singleton Place Homeowners Association, Inc., Eugene J. Laurich, and Debra C. Laurich, Appellants, v. The Town of Hilton Head Island and The Town of Hilton Head Island Board of Zoning Appeals, Defendants, of whom The Town of Hilton Head Island is the Respondent.

18079    Evelina Brown Moses, Thomas P. Brown, Jr., and David L. Michel, as Guardian ad Litem for Rebecca Patricia Brown, Appellants, v. Shirley Haile-Howard, as Personal Representative of the Estate of Mary P. Smith and as Personal Representative of the Estate of Lucinda Pringle, Maezell Mitchell Jefferson, as Personal Representative of the Estate of Annabelle Thornton, Shirrese B. Brockingston, as Special Administrator of the Estate of Janine Gourdine, Arthur Smalls as Personal Representative of the Estate of Emma Smalls, and any known or unknown persons or entities claiming any interest in the Estates of Mary P. Smith, Lucinda Pringle, Annabelle Thornton, Janine Gourdine and Emma Smalls, Respondents.