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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.
Tuesday, December 7, 2010 | |
Courtroom I
(Court convenes at 2:00
p.m.)
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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.
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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.
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Wednesday, December 8, 2010 | |
Courtroom I
(Court convenes at 11:00
a.m.)
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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.
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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.
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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.
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Thursday, December 9, 2010 | |
Courtroom I
(Court convenes at 9:30
a.m.)
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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.
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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.
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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.
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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.
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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.
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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.
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Wednesday, December 8, 2010 | |
Courtroom II
(Court convenes at 2:00
p.m.)
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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.
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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.
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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.
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Cases to be Submitted Without Oral Argument | |
17547 |
John Garrett, Appellant, v. Richard F. Hunter, Jr., Christine E. Hunter, and Jimmy Dean Justice, Respondents.
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17634 |
In The Matter of The Care and Treatment of Steve E. Miller, Appellant.
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17645 |
The State, Respondent, v. Bruce E. Steele, Appellant.
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17646 |
The State, Respondent, v. Johnathan Eugene Martin, Appellant.
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17661 |
Bhaveshkumar R. Patel, Respondent v. Nayana D. Patel, Appellant.
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17677 |
Carrell Homes, Ltd, Appellant, v. Van Osdell, Lester, Howe & Jordan, P.A., Richard E. Lester, J.D., Respondents.
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17738 |
Sharon Graham, Appellant, v. Nelson Graham, Respondent.
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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.
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17825 |
C-Sculptures, LLC, Appellants, v. Gregory A. Brown and Kery W. Brown, Respondents.
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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.
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17871 |
The State, Respondent, v. Leroy Adams Brown, Appellant.
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17885 |
The State, Respondent, v. Steven Roberts, Appellant.
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17886 |
The State, Appellant, v. Albert Barton Woodard, Respondent.
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17887 |
The State, Respondent, v. Jonathan Stackhouse, Appellant.
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17888 |
The State, Respondent, v. Barbara Wright, Appellant.
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17890 |
The State, Respondent, v. Lemar Thomas Mack, Appellant.
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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.
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17902 |
Perjen, Inc. d/b/a Melon's Restaurant and Bar, Respondent, v. Onyx Company, LLC, and Terry Walden, Appellants.
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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.
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17946 |
Edward Allen Davis, Respondent, v. The Waggoners Trucking, Employer,and The Waggoners Trucking, Self-Insured, Carrier, Appellant.
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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.
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17968 |
The State, Respondent, v. Altony Brooks, Appellant.
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17969 |
The State, Respondent, v. Hartford Renard Best, Appellant.
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17975 |
The State, Respondent, v. Russell Campbell, Jr., Appellant.
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17987 |
The State, Respondent, v. Jimmy Williams, Appellant.
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17989 |
The State, Respondent, v. Stanley Rasheem Oliver, Appellant.
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17991 |
The State, Respondent, v. Emmith Allen Williams, Appellant.
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17992 |
In The Interest Of Joelle T., A Minor Under The Age Of Seventeen, Appellant.
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17993 |
The State, Respondent, v. Kieve Milik Smith, Appellant.
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17994 |
The State, Respondent, v. Corvin Young, Appellant.
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17997 |
The State, Respondent, v. Decoven Fletcher Seabrook, Appellant.
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18040 |
Clifton Sparks, Appellant, v. Palmetto Hardwood, Inc., and Palmetto Timber S.I. Fund c/o Walker, Hunter & Associates, Inc., Respondents.
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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.
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18044 |
Happy Rabbit, a South Carolina Limited Partnership, and Carolyn D. Cook, Appellants, v. Alpine UItilities, Inc., Respondent.
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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.
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18068 |
Robin Cooper & Carol Jean Correll, Respondents, v. Leisure Connections Travel, Inc., Appellant.
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18071 |
Murry Campbell, Respondent v. Ford Motor Company and Haselden Brothers, Inc., Defendants Of Whom Ford Motor Company is the Appellant.
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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.
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18087 |
Nova Homes, Inc., Respondent, v. Harishyam and Seema Sing, Branch Banking and Trust Co., of South Carolina, Appellants.
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18095 |
The State, Respondent, v. Gregory Hemingway-Cox, Appellant.
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18097 |
The State, Respondent, v. Rip Patrick Bryant, Appellant.
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18286 |
The State, Respondent, v. William Bernard Brown, #1, Appellant.
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18290 |
The State, Respondent, v. Terry Arnail Dunovant, Appellant.
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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.
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17808 |
Alba Matute, Employee, Appellant, v. Palmetto Health Baptist, Employer,Respondent, and Key Risk Management Services, Inc., Carrier, Respondent.
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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.
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18080 |
Catherine Panas, Respondent, v. Richard Panas and Gallina Fielder, Defendants, of whom Richard Panas is the Appellant.
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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.
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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.
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