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.
Monday, December 5, 2011
Solomon Blatt Building, Room 108
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18720   Thelease Kelley, Appellant, v. Lee Dewayne Snyder and Harry L. Snyder, Respondents.

R. Bentz Kirby, of Orangeburg, for Appellant. James B. Jackson, Jr, of Santee, for Respondents.

In this land dispute involving a road on Thelease Kelley’s property that leads to the property of Lee Snyder and his father Harry Snyder (Respondents), Kelley appeals the master’s order granting Respondents a prescriptive easement over the road “for ingress and egress” from their property to a public road.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18723   Elizabeth Livingston, Respondent, v. Danube Valley Exports, LLC, Vicki W. Smith, and William Smith, Appellants.

Rolf Mouin Baghdady, of Chapin, for Appellants. Timothy James Wood Muller, of Charleston, for Respondent.

Danube Valley Exports appeals from the circuit court's order requiring Danube Valley Exports to vacate its leased premises and pay past due rent to the owner of the leased premises, Respondent Elizabeth Livingston. Danube Valley Exports claims the circuit court erroneously applied an ejectment statute when it ordered vacation of the premises and payment of rent because Danube Valley Exports never objected to vacating the premises, only to the amount of rent due.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18727   J.N. Veronie and Laura K. Veronie, Appellants, v. 303 Associates, LLC and Lowcountry Real Estate, Respondents.

James H. Moss, of Beaufort, for Appellants. David W. Overstreet and Douglas W. Mackelcan, of Charleston, for Respondent Lowcountry Real Estate. Ralph E. Tupper, of Beaufort, for Respondent 303 Associates, LLC.

This appeal arises out of a real property dispute between J.N. and Laura Veronie and 303 Associates, LLC (303) and Lowcountry Real Estate (Lowcountry). Appellants claim the trial court erred in granting 303 and Lowcountry's motions for summary judgment and dismissal without the completion of any discovery.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18740   Thomas C. McCain, Sr. and Joseph Curry, individually and as trustees of the Mount Canaan Baptist Church; James E. Johnson and Nathan Goodwin individually and as Deacons of the Mount Canaan Baptist Church, Respondents, v. G. L. Brightharp, Appellant.

Robert Allen Mullins, of Augusta, Georgia, for Appellant. Herbert E. Buhl, III, of Columbia, for Respondents.

In this ecclesiastical dispute wherein church trustees and deacons of Mount Canaan Baptist Church (Respondents) sought to enjoin G.L. Brightharp from continuing to act as Pastor and reinstate Respondents to their former positions, Brightharp appeals the trial court's order finding him in contempt, arguing the trial court erred in: (1) assuming subject matter jurisdiction; (2) ordering Brightharp reinstate Respondents to their former positions as trustees and deacons; and (3) holding it had subject matter jurisdiction to declare any actions taken by the church after September 11, 2007 affecting the status of Respondents and affairs of the church null and void.

 
 2:20 p.m. (Time Limits: 10 - 10 - 5)  
18732   Highlands Property Owners Association, Inc., Appellant, v. Shumaker Land, LLC, Respondent.

D. Ryan McCabe and Stephanie C. Trotter, of Columbia, for Appellant. Robert C. Ashley, of Columbia, for Respondent

On appeal from the master-in-equity, Highlands Property Owners Association challenges the master's determination that Respondent Shumaker's seven lots within the Highlands development were not subject to assessments levied by the Association pursuant to the restrictive covenant governing the development. The Association argues the master erred in failing to establish a lien against Shumaker's lots and further in failing to foreclose upon the lien because Shumaker was subject to this restrictive covenant at all relevant times.

 
 3:00 p.m. (Time Limits: 10 - 10 - 5)  
18801   Donna L. McCall, Employee, Appellant, v. Sandvik, Inc., Employer, and Sentry Insurance Company, Carrier, Respondents.

Larry C. Brandt, of Walhalla, for Appellant. Donna L. McCall and Grady L. Beard, of Columbia, for Respondents.

In this Workers' Compensation case, Appellant, Donna McCall, contends the Commission erred in affirming the Hearing Commissioner's admission of medical records and denial of Appellant's claim.

 
Tuesday, December 6, 2011
Solomon Blatt Building, Room 108
(Court convenes at 10:00 a.m.)
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18745   Beau D. Cranford, Employee, Appellant, v. Hutchinson Construction, Employer, and Companion Property & Casualty Group, Carrier, Respondents.

Stephen Benjamin Samuels, of Columbia, for Appellant. Michael W. Burkett, of Columbia, for Respondents.

In this workers' compensation appeal, the employee, Mr. Cranford, challenges the Commission's findings that he was not entitled to temporary disability compensation, permanent partial disability compensation, and additional medical treatment for injuries he incurred while working for his employer, Hutchinson Construction. Additionally, Mr. Cranford contends the Commission erred in failing to make specific findings regarding whether he had reached maximum medical improvement and in implicitly finding he had reached maximum medical improvement, despite lay and medical evidence that indicated otherwise.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18737   Magnolia North Property Owners' Association, Inc., Respondent, v. Heritage Communities, Inc., Heritage Magnolia North, Inc., and BuildStar Corporation, Appellants.

C. Mitchell Brown and A. Mattison Bogan, of Columbia, and Stephen L. Brown and Jeffrey J. Wiseman, of Charleston, for Appellants. John P. Henry and Phillip Coleman Thompson, of Conway, for Respondent.

In this construction defect case, Appellants, Heritage Communities, Inc. (HCI), Heritage Magnolia North, Inc., and Buildstar Corporation (Buildstar), challenge the circuit court's ruling that Appellants were amalgamated. Appellants also challenge the circuit court's admission of evidence of construction defects at other condominium projects undertaken by HCI and Buildstar.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18819   The State, Respondent, v. James Robert Nash, Appellant.

Appellate Defender Lanelle Durant, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Mark R. Farthing, of Office of the Attorney General, of Columbia, for Respondent.

James Robert Nash appeals from his convictions of criminal sexual conduct with a minor first degree and lewd act on a minor under sixteen years of age, arguing the trial court erred in: (1) denying his request for a continuance; (2) qualifying an expert witness; (3) allowing the solicitor during closing arguments to discuss a new concept and term not presented in evidence; and (4) admitting two prior bad acts of sexual assault.

 
 2:20 p.m. (Time Limits: 10 - 10 - 5)  
18821   The State, Respondent v. Reico Lamar Welch, Appellant.

Appellate Defender Elizabeth Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General David Spencer, of Office of the Attorney General, of Columbia, for Respondent.

Reico Welch appeals his conviction for first-degree burglary, arguing the circuit court improperly considered three prior out-of-state offenses for breaking and entering that were consolidated into a single judgment against him. Welch claims the circuit court impermissibly considered this single conviction as three convictions, which resulted in an improper enhanced sentence of first-degree burglary.

 
 3:00 p.m. (Time Limits: 10 - 10 - 5)  
18824   Auto-Owners Insurance Company, Appellant, v. Joseph Gordon Long, Bruce A. Carter, Administrator of the Estate of Martha Jean Carter and GMAC, Defendants, Of whom Bruce A. Carter, Administrator of the Estate of Martha Jean Carter, is the Respondent.

Dominic Allen Starr, of Myrtle Beach, for Appellant. Jospeh S. McCue, of Collins & Lacy, of Columbia, for Respondent.

This appeal addresses the question of whether the trial court erred in finding the use of a motor vehicle owned by Appellant was causally connected to a motor vehicle collision.

 
Wednesday, December 7, 2011
Solomon Blatt Building, Room 108
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5)  
18736   On Time Tansporation, Inc., Respondent, v. SC Workers' Compensation Uninsured Employer's Fund, Appellant.

Amy V. Cofield, of Lexington, for Appellant. Duke K. McCall, Jr. and Zandra L. Johnson, of Spartanburg, for Respondent.

Appellant South Carolina Workers' Compensation Uninsured Employer's Fund (the Fund) appeals from a declaratory judgment vacating a lien placed by the Fund against Respondent On Time Transportation, Inc. On appeal, the Fund argues these claims have already been adjudicated by the Workers' Compensation Commission.

 
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18725   Christopher T. Godley, Respondent, v. Helene Dowling, Milton Kelley, Harvey Kelley and All Pro Contractors, Inc. d/b/a Custom Cut Log Homes, Defendants, of Whom Helene Dowling is the Appellant.

James Moss, of Beaufort, for Appellant. J. Thomas Mikell, of Beaufort, for Respondent.

Appellant Helene Dowling appeals from a jury verdict awarding Respondent Christopher T. Godley $10,000 in actual damages and $40,000 in punitive damages. On appeal, Dowling claims the trial court erred in directing a verdict on Godley's cause of action for trespass, in allowing certain testimony, in failing to direct a verdict as to damages, and in allowing the jury to consider punitive damages.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18830   Margie Kay Black, Appellant, v. Lexington County Board of Zoning Appeals, Bill Reilly, and Reitch, LLC, Respondents.

Tobias Ward, Jr. and J. Derrick Jackson, of Columbia, for Appellant. Jeffrey M. Anderson, of Lexington, for Respondent Lexington County Board of Zoning Appeals. James Edward Bradley, of West Columbia, for Respondents.

Margie Kay Black appeals the circuit court's affirmation of the Lexington County Board of Zoning Appeals' approval of Bill Reilly's application for a zoning variance.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18731   Longcreek Plantation Property Owners' Association, Inc., Respondent, v. Thomas L. Henderson and Dena C. Henderson, Appellants, and Fairways Development, a General Partnership, Respondent.

Timothy G. Quinn and Natalie J. Quinn, of Columbia, for Appellants. Eugene Charles Fulton, Jr, of Columbia, for Respondent Longcreek Plantation Property Owners' Association. Alfred Johnston Cox, of Columbia, and Carlos W. Gibbons, of Columbia, for Respondent Fairways Development

This is an action involving the enforcement of restrictive covenants.

 
 3:00 p.m. (Time Limits: 10 - 10 - 5)  
18739   Barbara S. McGowin, Appellant, v. Jeffrey D. McGowin, Respondent.

Thomas Ryan Phillips, of Charleston, for Appellant. Mark Andrew Redmond, of Charleston, for Respondent.

In this domestic action, Barbara S. McGowin (Wife) contends the family court erred in treating Jeffrey D. McGowin's (Husband) alimony obligation as rehabilitative rather than permanent and periodic, or, in the alternative, the trial court abused its discretion in its decision to terminate Husband's alimony obligation. Also, Wife argues the trial court abused its discretion by denying her request for attorney's fees.

 
 3:40 p.m. (Time Limits: 10 - 10 - 5)  
18743   John D. Austin, Respondent, v. Jane Harden Stone, Appellant.

William E. Booth, III, of West Columbia, for Appellant. Ronald R. Hall, of West Columbia, for Respondent.

Jane Harden Stone appeals Master in Equity's grant of twenty foot wide prescriptive easement over her property to John D. Austin.

 
Thursday, December 8, 2011
Solomon Blatt Building, Room 108
(Court convenes at 9:20 a.m.)
 9:20 a.m.           Time Limits 10-10-5-5
18823   Dr. Robin Bowers, Appellant/Respondent v. College of Charleston, Respondent/Appellant.

Gregory Samuel Forman, of Charleston, for Appellant/Respondent. Stephen L. Brown, Wilbur E. Johnson, and Russell G. Hines, of Charleston, for Respondent/Appellant.

Respondent/Appellant College of Charleston terminated Appellant/Respondent Dr. Robin Bowers, a tenured professor, for violating the College's policy. After exhausting the appeals process at the College, Bowers appealed to the Administrative Law Court (ALC), which affirmed. On appeal, Bowers argues the ALC erred in affirming the College's decision to terminate him. On cross-appeal, the College argues the ALC erred in requiring the College to pay Bowers throughout the pendency of his appeal.

 
 10:00 a.m. (Time Limits: 10 - 10 - 5)  
18748   Drayton Hall Carter Elementary School, Inc., Appellant, v. Charleston County School District Board of Trustees, Respondent.

David Guy Pagliarini, of Daniel Island, for Appellant. John F. Emerson, of Charleston, for Respondent.

Appellant Drayton Hall Charter Elementary School, Inc. appeals from the denial of its application to convert to charter status. The Administrative Law Court (ALC) affirmed the decision by Respondent Charleston County School District Board of Trustees (the Board). On appeal, Drayton Hall argues the Board erred in holding a second vote after its first vote failed to deny Drayton Hall's application and in violating section 59-40-70(C) of the South Carolina Code (Supp. 2010).

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18751   D. R. Horton, Inc., Plaintiff, v. Wescott Land Company, LLC, Defendant,_____Thomas R. Hawkins and Wescott Land Company, LLC, Appellants, v. D. R. Horton, Inc., Respondent.

M. Dawes Cooke and K. Michael Barfield, of Charleston, for Appellants. Neil S. Haldrup, of Charleston, and Charles E. Carpenter, Jr., of Columbia, for Respondent.

This appeal arises out of a contract for the conveyance of real property. D.R. Horton, Inc. (Horton) brought this action against Wescott Land Company, LLC (Wescott) for breach of contract. Wescott counterclaimed against Horton asserting claims of breach of contract, unfair trade practices, abuse of process, malicious prosecution, breach of contract accompanied by a fraudulent act, tortious interference with prospective economic advantage, and slander of title. Wescott's owner, Thomas R. Hawkins, was added as a counterclaimant, asserting the same claims against Horton. The trial court granted Horton summary judgment on all of Wescott's counterclaims, except its claim for breach of contract, and granted summary judgment on all of Hawkins' counterclaims. On appeal, Wescott and Hawkins assert error in the grant of summary judgment in favor of Horton on the claims for slander of title, unfair trade practices, abuse of process, malicious prosecution, breach of contract accompanied by a fraudulent act, and tortious interference with prospective contractual relations.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18829   Adams Outdoor Advertising, Limited Partnership, Respondent, v. John C. Dangerfield, Appellant.

Grover Cleveland Seaton, IV, of Moncks Corner, and Justin O'Toole Lucey, of Mt. Pleasant, for Appellant. Donald Bruce Clark, of Charleston, for Respondent.

John C. Dangerfield appeals the circuit court's determination that he was liable for a debt owed to Adam's Outdoor Advertising under a contract between the parties.

 
Wednesday, December 14, 2011
Solomon Blatt Building, Room 108
(Court convenes at 2:00 p.m.)
 2:00 p.m. (Time Limits: 10-10-5)  
19065   Robert Crossland, Appellant, v. Shirley Crossland, Respondent.

Melvin Dean Bannister, of Columbia, for Appellant. Brian Dumas, of Columbia, for Respondent.

 
Thursday, December 15, 2011
Solomon Blatt Building, Room 108
(Court convenes at 9:15 a.m.)
 9:15 a.m. (Time Limits: 10 - 10 - 5)  
18749   Allegro, Inc., Respondent, v. Emmett J. Scully, Synergetic, Inc., George C. Corbin, and Yvonne Yarborough, Appellants.

C. Mitchell Brown, William C. Wood, Jr., Brian P. Crotty, and A. Mattison Bogan, of Columbia, for Appellants. Amy L. Gaffney, of Columbia, for Appellants. Robert L. Widener and Richard J. Morgan, of Columbia, for Respondent.

In this civil action, Emmett Scully, Synergetic, Inc. (Synergetic), George Corbin, and Yvonne Yarborough contend the trial court erred in (1) reforming the jury's damages verdicts without providing the option of a new trial, (2) failing to require an election of remedies, (3) admitting into evidence the Order granting a temporary injunction, (4) admitting into evidence Allegro, Inc.'s (Allegro) expert report, (5) certifying Daniel McHenry as an expert, (6) excluding evidence relating to the issue of Allegro's damages, and (7) failing to grant motions for directed verdict and judgment notwithstanding the verdict (JNOV) as to the claims for civil conspiracy, breach of contract, breach of contract accompanied by a fraudulent act, fraud, and negligent misrepresentation.

 
Tuesday, December 6, 2011
Solomon Blatt Building, Room 110
(Court convenes at 10:40 a.m.)
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18724   Lawrence Keeter, Ronald Travis Keeter, and Rebecca Keeter, Appellants/Respondents, v. Alpine Towers International, Inc. and Ashley Sexton, Defendants, Of Whom Alpine Towers International, Inc., is Respondent/Appellant.

Richard A. Harpootlian and Graham L. Newman, of Columbia, for Appellants/Respondents. Thomas C. Salane, of Columbia, for Respondent/Appellant. Charles E. Carpenter, Jr. and Carmon Ganjehsaini, of Columbia, for Respondent/Appellant.

In these cross appeals, Lawrence Keeter, Ronald Keeter, and Rebecca Keeter appeal the trial court's order (1) requiring them to elect remedies and (2) denying the entry of a general damages verdict that aggregated the total damages the jury awarded for various claims. Alpine Towers International, Inc. appeals the trial court's denial of its motions for judgment notwithstanding the verdict on all of the Keeters' claims and on the jury's award of punitive damages. It also appeals the trial court's denial of a new trial absolute based upon the trial court's refusal to allow the jury to consider the fault of Fort Mill High School when apportioning fault between the defendants named in the suit.

 
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18728   Harold G. Hines, Jr., Respondent, v. Kristen C. Hines, Appellant.

Everett P. Godfrey, Jr., of Greenville, for Appellant. H. Michael Spivey and Melissa D. Spivey, of Mauldin, for Respondent. Robert A. Clark, of Greenville, for Guardian Ad Litem.

In this family law action, Wife appeals arguing the family court erred in issuing a divorce decree without setting forth the specific findings of fact and conclusions of law that support the decision. Wife furthers contends the family court erred in awarding custody of the parties’ children to Husband as he has a history of violence and exposed the children to other women after he and Wife separated.

 
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18730   Waymon D. Hendrix, Employee, Respondent/Appellant, v. John D. Hollingsworth on Wheels, Inc., Employer, and The Hartford, Carrier, Appellants/Respondents.

Duke K. McCall, Jr., of Greenville, for Appellants/Respondents. Andrew Carl Barr, of Greenville, for Respondent-Appellant.

In this workers' compensation cross-appeal, Hollingsworth appeals the Workers' Compensation Commission's decision to grant Hendrix disability benefits based on full-time as opposed to part-time wages. Hendrix appeals the Commission's finding that his cervical spine injury was not a causally-related injury.

 
 2:20 p.m. (Time Limits: 10 - 10 - 5)  
18445   The State, Respondent, v. Daniel J. Jenkins, Appellant.

Appellate Defender Kathrine H. Hudgins, South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Mark R. Farthing, Office of the Attorney General, of Columbia, for Respondent.

 
 3:00 p.m. (Time Limits: 10 - 10 - 5)  
18738   Suresh J. Nandwani, Kamal J. Nandwani, J. Bombay Management, LLC, and J. and V. Management and Consulting, LLC, Plaintiffs, Of Whom Suresh J. Nandwani and Kamal J. Nandwani are the Appellants, v. Queens Inn Motel, A South Carolina General Partnership, d/b/a Coral Sea Villas Inc./Bon Villas Inc./Bon Villas; Bon Villas Motel, a South Carolina General Partnership; Harkishin Bhambhani; Manu Manglani; Hiroo Manglani; Ashok Dawani; Bhagu Ahuja; Geeta Navlani; Rita Lilani; and Jitender Navlani, Defendants, of whom Harkishin T. Bhambhani, Individually and as partner of Queens Inn Motel, a South Carolina Partnership, d/b/a/ Coral Sea Villas, Inc./Bon Villa and Bon Villa Motel, a South Carolina General Partnership, d/b/a Coral Sea Villa, a South Carolina General Partnership, Third Party Plaintiffs, Of whom, Harkishin T. Bhambhani is the Respondent, v. Suresh J. Nandwani; Kamal J. Nandwani; JVN Corporation; J's LLC; J and V Management and Consulting, LLC; J. Bombay Management, LLC; Manu Manglani; Hiroo Manglani; Ashok Dawani; Suresh J. Nandwani; Kamal J. Namdwani; Bhagu Ahuja; Geeta Navlani; Rita Lilani; and Jitender Navlani, Individually and as Partners of Queens Inn Motel, a South Carolina General Partnership, d/b/a Coral Sea Villas, Inc./Bon Villa; Bon Villa Motel, a South Carolina General Partnership, d/b/a Coral Sea Villas, Inc./Bon Villa; and Coral Sea Villa, a South Carolina General Partnership, Third Party Defendants.

Danny V. Butler and Henrietta U. Golding, of Myrtle Beach, for Appellants. J. Jackson Thomas, of Myrtle Beach, for Respondent.

Appellants initiated this action to collect on two promissory notes, individually and on behalf of two limited liability companies. On appeal, Appellants argue eleven issues contending the special referrer's order erred in its findings on the entitlement of the notes, guarantor liability, breach of fiduciary duty, collection of an assignment, and the amount of damages.

 
 3:40 p.m. (Time Limits: 10 - 10 - 5)  
18742   Karen Allen-Hines, Appellant, v. Franklin Hines, Respondent.

Robert N. Rosen, of Charleston, for Appellant. Cynthia Barrier Patterson, of Columbia, for Appellant. Robbie Forrester Gardner, III, of Hartsville, and Marian D. Nettles, of Lake City, for Respondent.

In this divorce appeal, Wife argues the family court erred in (1) awarding Wife rehabilitative alimony instead of permanent periodic alimony; (2) awarding Wife less than half of her attorney's fees; (3) setting a cutoff date for the accrual of post-judgment interest before the judgment was satisfied; and (4) refusing to hold Franklin in contempt for delaying his payments to Wife.

 
Wednesday, December 7, 2011
Solomon Blatt Building, Room 110
(Court convenes at 10:40 a.m.)
 10:40 a.m. (Time Limits: 10 - 10 - 5)  
18815   In the Matter of the Care and Treatment of Orlando Williams, Respondent.

Attorney General Alan Wilson, Chief Deputy Attorney General John McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General William M. Blitch, of Office of the Attorney General, of Columbia, for Appellant. Appellate Defender LaNelle DuRant, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

The State appeals the circuit court's grant of summary judgment in favor of Orlando Williams. The circuit court found the State raised no genuine issue of material fact to establish Williams was likely to re-offend with a sexually violent act as contemplated by section 44-48-30 of the South Carolina Code.

 
Wednesday, December 7, 2011
Solomon Blatt Building, Room 110
(Court convenes at 11:20 a.m.)
 11:20 a.m. (Time Limits: 10 - 10 - 5)  
18820   The State, Respondent, v. Robert J. Phipps, Appellant.

Appellate Defender Kathrine Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Attorney General William Edgar Salter, III, of Office of the Attorney General, of Columbia, for Respondent.

In this criminal appeal, Phipps argues the trial court erred in refusing to dismiss the indictment when the State lost a cassette tape Phipps claims contained exculpatory evidence of third party guilt. Phipps also argues the trial court erred in refusing to allow defense counsel to question an investigator about an anonymous tip implicating a third party in the crime.

 
Wednesday, December 7, 2011
Solomon Blatt Building, Room 110
(Court convenes at 12:00 p.m.)
 12:00 p.m. (Time Limits: 10 - 10 - 5)  
18442   The State, Respondent, v. James Arthur Norton, Appellant.

Assistant Appellate Defender Breen Stevens, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Deputy Attorney General Deborah R. J. Shupe, of Office of the Attorney General, of Columbia, for Respondent.

James Arthur Norton was convicted of criminal domestic violence of a high and aggravated nature and assault and battery of a high and aggravated nature. He appeals, arguing the trial court erred in permitting a police officer to testify to medical observations and conclusions beyond the scope of the officer's expertise.

 
Wednesday, December 7, 2011
Solomon Blatt Building, Room 110
(Court convenes at 2:20 p.m.)
 2:20 p.m. (Time Limits: 10 - 10 - 5)  
18822   The State, Respondent, v. Frances J. Moore, Appellant.

John Dennis Delgado, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald J. Zelenka, of Office of the Attorney General, of Columbia, for Respondent.

In this criminal case, Frances J. Moore appeals the trial court's overruling of his motion for a mistrial based upon the admission of witness testimony relaying statements made by a co-defendant that implicate Moore.

 
Wednesday, December 7, 2011
Solomon Blatt Building, Room 110
(Court convenes at 3:00 p.m.)
 3:00 p.m. (Time Limits: 10 - 10 - 5)  
18828   Judy Marie Barnes, Employee, Appellant, v. Charter 1 Realty, Employer, and Technology Insurance Co. Amtrust South, Carrier, Respondents.

Michael J. Jordan and David T. Pearlman, of Goose Creek, for Appellant. Natalie Byars Fisher, of Charleston, for Respondents.

In this workers' compensation case, Judy Barnes appeals the Appellate Panel's determination that a fall suffered while hurrying to check her supervisor's e-mail did not constitute an accident arising out of her employment.

 
Wednesday, December 7, 2011
Solomon Blatt Building, Room 110
(Court convenes at 3:40 p.m.)
 3:40 p.m. (Time Limits: 10 - 10 - 5)  
18387   Shannon Ranucci, Appellant, v. Corey K. Cain, Respondent.

Michael E. Atwater, of Rock Hill, and Christopher Davis, of Rock Hill, for Appellant. Lee Cannon Weatherly, of Charleston, for Respondent.

Shannon Ranucci appeals the circuit court’s dismissal of her Notice of Intent to File Suit for medical malpractice, arguing the circuit court erred in finding her medical expert's affidavit was not timely filed and in reading sections 15-79-125 and 15-36-100 of the South Carolina Code independently of one another.

 
 
Cases to be Submitted Without Oral Argument
16906    The State, Respondent, v. Daniel Dean Thomas, Appellant.

18217    The State, Respondent, v. David Lee Coward, Appellant.

18533    Willie Singleton and Julia Thomas, Heirs at Law of Victoria Gadson, deceased, Plaintiffs, of whom Willie Singleton, Appellant, v. City of Georgetown Building Official Stephen Stack, Mayor Lynn Wood Wilson, Mayor Pro Temp Brendon M. Barber, Sr., Council Member Clarence Smalls, Council Member Paige B. Sawyer, III, Council Member Rudolph A. Bradley, Council Member Jack Scoville, Director of Building Planning Sabrina Morris, Steve Thomas, City Administrator, and The City of Georgetown, Respondents.

18565    Ja Ja D. B. Okera, Appellant, v. South Carolina Department of Corrections, Respondent.

18568    Employee Solutions, Inc. and AIG Claim Services, Appellants, v. South Carolina Second Injury Fund, Respondent.

18570    Case # 2008-CP-26-7337_____Regions Bank, Respondent, v. Gatesman-Majors Partners, LLC, Randy A. Gatesman, Stacey L. Majors, Frederick F. Majors, Excel Construction, Inc., Trinity Hydro Seeding & Landscaping, Concrete Designs, Inc., and Hertz Equipment Rental Corporation, Defendants, Of whom Gatesman-Majors Partners, LLC, Stacey L. Majors and Frederick F. Majors are Appellants. Case # 2009-CP-26-1476_____S&W Ready Mix Concrete Co., Inc., Plaintiff, v. Tyler's Customs Concrete, LLC and Gatesman-Majors Partners, LLC, Defendants.

18621    In The Interest of Zakei H., A Juvenile Under The Age of Seventeen, Appellant.

18629    The State, Respondent, v. Lorenzo R. Nicholson, Appellant.

18632    Howard Peterson, Appellant, v. South Carolina Department of Corrections, Respondent.

18660    The State, Respondent, v. Fredrico White, Appellant.

18664    The State, Respondent, v. Bryan Poindexter, Appellant.

18666    The State, Respondent, v. Jeffrey A. Webb, Appellant.

18689    The State, Respondent, v. Claude Dunagin, Appellant.

18690    The State, Respondent, v. Kevin Blanding, Appellant.

18697    The State, Respondent, v. Wayne Darnell Cooper, Appellant.

18699    The State, Respondent, v. Allen Armfield, Appellant.

18760    The State, Respondent, v. Leon Jones, Appellant.

18764    The State, Respondent, v. Charles David Whetstone, Appellant.

18781    The State, Respondent, v. Cameron Hammonds, Appellant.

18789    The State, Respondent, v. Patrick Rice, Appellant.

18790    The State, Respondent, v. Oshaun J. Robinson, Appellant.

18805    Fannie Mason, Respondent, v. Jerry Mason, Appellant.

18808    A. Leon Ravenell, Respondent, v. Nancy J. Meyer, Appellant.

18809    Henry Martin, Appellant, v. South Carolina Department of Corrections, Respondent.

18814    Reginald Shock, Appellant, v. South Carolina Department of Corrections, Respondent.

18995    The State, Respondent, v. George Cleveland, III, Appellant.

18999    The State, Respondent, v. Curtis Ray Nealey, Appellant.

19015    The State, Respondent, v. Willie James Adams, Jr., Appellant.

19016    The State, Respondent, v. Antjuan Greene, Appellant.

19018    The State, Respondent, v. Naomi Bonnie Adams, Appellant.

19023    The State, Respondent, v. Jarminski Rasheik Cook, Appellant.

19024    The State, Respondent, v. Andrew Carpenter, Appellant.

19032    The State, Respondent v. Tawanda Williams, Appellant.

19085    Charles Griggs, Appellant, v. Ashley Towne Village Horizontal Property Regime, Inc., Respondent.