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December 2014 |
NEXT
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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.
Monday, December 8, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-212331 Ron Orlosky in his capacity as Personal Representative of The Estate of Debora L. Orlosky, and in his capacity as trustee of the Deborah Laura Orlosky Revocable Trust, Respondent,
v.
The Law Office of Jay A. Mullinax, LLC., Appellant. Jay Anthony Mullinax of Law Office of Jay A. Mullinax, LLC, of Hilton Head Island, for Appellant. John R.C. Bowen of Laughlin & Bowen, PC, of Hilton Head Island, for Respondent. Stephen A. Spitz of Charleston School of Law, of Charleston, for Respondent. The Law Office of Jay A. Mullinax, LLC, (Mullinax) appeals a jury verdict in favor of client Ron Orlosky, in his capacity as Personal Representative of the Estate of Debora L. Orlosky and in his capacity as trustee of the Debora Laura Orlosky Revocable Trust, on Orlosky's breach of contract claim and Mullinax's counterclaim. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2012-212016 Robert K. Marshall, Jr. and Donna Chapman Marshall, Appellants,
v.
City of Rock Hill, South Carolina, a municipal corporation, Carey F. Smith, in his capacity as City Manager, and Lori Thomas, in her Capacity as Customer Services Manager, Respondents. John Martin Foster, of Rock Hill, for Appellants. William Mark White and Jeremy Daniel Melville, both of Spencer & Spencer, PA, of Rock Hill, for Respondent. The Marshalls appeal the trial court's grant of summary judgment in favor of the City of Rock Hill and two of its employees on the Marshalls' 42 U.S.C. ยง 1983 claim for violation of their rights to substantive due process and equal protection. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2011-190809 Michael Gonzales, Petitioner,
v.
State of South Carolina, Respondent. Assistant Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Suzanne Hollifield White, both of Columbia, for Respondent. In this post-conviction relief (PCR) action, Michael Gonzales argues the PCR court erred in finding trial counsel was not ineffective for continuing to represent him despite a conflict of interest. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2012-208627 The State, Respondent,
v.
Andrew T. Looper, Appellant. J. Falkner Wilkes, of Greenville, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Jennifer Ellis Roberts, both of Columbia, for Respondent. Andrew Looper appeals the circuit court's remand to the magistrate of his driving under the influence charge, arguing (1) appellate jurisdiction is proper; and (2) the circuit court erred in reversing the magistrate's dismissal of his charge. |
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2:20 p.m. | (Time Limits: 10-10-5) |
2011-200566 Tommy S. Adams, Petitioner,
v.
State of South Carolina, Respondent. Teresa L. Norris of Blume Norris & Franklin-Best LLC, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General John Walter Whitmire, of Columbia, for Respondent. Adams was convicted of lewd act on a child under sixteen and first-degree criminal sexual conduct with a minor (CSC). He appeals from the denial and dismissal of his application for post-conviction relief (PCR), arguing his trial counsel was ineffective in: (1) failing to object to admissions of his statements that were irrelevant to the crimes charged; (2) not calling Adams' two sons to testify as to the circumstances surrounding his statement; (3) eliciting testimony from the investigator that she believed the victim was telling the truth and failing to move for a mistrial in response to this testimony; (4) advising Adams not to testify after informing the jury he would testify and failing to properly advise Adams as to whether he should testify; and (5) failing to object following improper communication between jurors and the bailiffs. |
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3:00 p.m. | (Time Limits: 10-10-5) |
2012-205827 Kathy Beason, Respondent,
v.
Chatone Lowden, Appellant. John Austin Hood of Clawson & Staubes, LLC, of Columbia, for Appellant. Daniel W. Luginbill of Wilson & Luginbill, LLC, of Bamberg, for Respondent. Clyde C. Dean, Jr., of Orangeburg, for Respondent. Lowden appeals the circuit court's granting of Beason's motion for a new trial nisi additur, arguing the circuit court abused its discretion by increasing the amount of damages the jury awarded to Beason without providing compelling and proper reasons. |
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3:40 p.m. | (Time Limits: 10-10-5) |
2011-196568 Michael A. Hough, Respondent,
v.
State of South Carolina, Petitioner. Attorney General Alan McCrory Wilson, Assistant Attorney General Daniel Francis Gourley, II, and Assistant Attorney General Brian T. Petrano. all of Columbia, for Petitioner. Chief Appellate Defender Robert Michael Dudek and Appellate Defender Lara M. Caudy, both of Columbia, for Respondent. In this appeal from the grant of PCR, the State argues the PCR court erred in granting Hough a new trial because trial counsel was not ineffective for failing to advise Hough involuntary manslaughter would apply to his case. |
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Tuesday, December 9, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2012-212586 Daniel Ricigliano, Jr., Appellant,
v.
Linda Ricigliano, Respondent. David L. DeVane, of Summerville, for Appellant. Elizabeth Murray Hight of Hight Law Firm, LLC, of Summerville, for Respondent. In this appeal from the family court, Daniel Ricigliano, Jr., argues the family court erred in (1) awarding him conditional rehabilitative alimony; (2) equally dividing the marital estate; (3) failing to hold Linda Ricigliano in contempt of court for violating the court's restraining order; and (4) failing to order Linda Ricigliano to contribute to his attorney fees and costs. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2011-187269 Ernest L. Hall, Petitioner,
v.
State of South Carolina, Respondent. Appellate Defender Benjamin John Tripp, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General John Walter Whitmire, both of Columbia, for Respondent. Hall was convicted of murder and possession of a firearm during the commission of a violent crime. He appeals from the denial and dismissal of his application for post-conviction relief (PCR), arguing his trial counsel was ineffective in (1) failing to obtain a psychological examination of Hall and (2) failing to request a voluntary manslaughter charge when Petitioner suffers from PTSD and brain damage. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2012-213055 Frewil, LLC, Respondent,
v.
Madison Price and Carter Smith, Appellants. Joseph Francis Runey, of Charleston, for Appellants. John A. Massalon and Irish Ryan Neville of Wills Massalon & Allen LLC, both of Charleston, for Respondent. Madison Price and Carter Smith appeal the circuit court's grant of summary judgment in favor of Frewil, LLC on its claim for breach of a residential lease. Carter and Smith also appeal the circuit court's grant of summary judgment as to their counterclaims for misrepresentation and breach of contract accompanied by a fraudulent act. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2012-213309 U.S. Bank National Association Successor trustee to LaSalle Bank National Association, as trustee under the Pooling and Servicing Agreement, dated as of April 1, 2002, among Asset Backed Funding Corporation, Litton Loan Servicing, LP and LaSalle Bank National Association, ABFC Asset Backed Certificates, Series 2002-SB-1, Respondent,
v.
Kelley Burr, FIA Card Services, N.A.; Discovery Bank, Issuer of the Discover Card; Unifund CCR Partners, Defendants,
Of whom Kelley Burr is the Appellant. Andrew Sims Radeker of Harrison & Radeker, P.A., of Columbia, for Appellant. Sean A. O'Connor of Finkel Law Firm LLC, of Charleston, for Respondent. Appellant Kelley Burr appeals the trial court's dismissal of her defense and counterclaims against U.S. Bank National Association's foreclosure action. |
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2:20 p.m. | (Time Limits: 10-10-5) |
2012-213599 South Carolina Public Interest Foundation and Edward D. Sloan, individually, and on behalf of all others similarly situated, Appellants,
v.
South Carolina Department of Transportation and John V. Walsh, Deputy Secretary of Transportation for Engineering, Respondents. James G. Carpenter and Jennifer J. Miller, both of Carpenter Law Firm, PC, of Greenville, for Appellants. Beacham O. Brooker, Jr., of Columbia, for Respondents. South Carolina Public Interest Foundation and Edward D. Sloan, Jr., individually, and on behalf of all others similarly situated (Appellants) filed this declaratory judgment action against South Carolina Department of Transportation, and John V. Walsh, Deputy Secretary of Transportation for Engineering (SCDOT). Appellants appeal, arguing the trial court erred in (1) failing to grant Appellants public importance standing; (2) failing to acknowledge taxpayer standing; (3) failing to apply exceptions to mootness; (4) ruling SCDOT was legitimately assisting a municipality; and (5) failing to find SCDOT used public funds for private purposes to benefit private parties. |
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3:00 p.m. | (Time Limits: 10-10-5) |
2013-000195 William H. Bailey, Jr., Appellant,
v.
City of North Myrtle Beach, a South Carolina Municipal Corporation, Respondent. Kenneth Ray Moss of Wright, Worley, Pope, Ekster & Moss, PLLC, of North Myrtle Beach, for Appellant. Derwood L. Aydlette, III, and Christopher Wofford Johnson, both of Gignilliat Savitz & Bettis, LLP, of Columbia, for Respondent. William H. Bailey, Jr. appeals the circuit court's order finding his claim against the City of North Myrtle Beach, his former employer, was moot. Additionally, Bailey claims the circuit court's order erroneously makes findings impacting other collateral proceedings related to the end of his employment. |
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Wednesday, December 10, 2014 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-001844 21st Mortgage Corporation, Appellant,
v.
Robert Youmans and Tonya Stoney, Respondents. Thomas E. Lydon of McAngus Goudelock & Courie, LLC, of Columbia, for Appellant. Mark Brandon Tinsley of Gooding & Gooding, PA, of Allendale, for Respondents. Robert Norris Hill of Law Office of Robert Hill, of Lexington, for Respondents. In this action for claim and delivery of a mobile home, Appellant 21st Mortgage Corporation appeals the grant of summary judgment to Respondents Robert Youmans and Tonya Stacey, arguing the trial court erred in finding: (1) 21st Mortgage was bound by a default judgment entered in an action that Respondents brought against the dealer who sold them the mobile home and financed the purchase, (2) 21st Mortgage had notice of the default judgment when it acquired the note securing the transaction, and (3) 21st Mortgage was subject to punitive damages and attorney's fees awarded against the dealer who defaulted in the prior lawsuit. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-001878 James R. Maull, Appellant,
v.
South Carolina Department of Health and Environmental Control and David Abdo, Respondents,
and Russell and Laura Schaible, Respondents. Michael A. Molony of Young Clement Rivers, of Charleston, for Appellant. Leslie S. Riley of McNair Law Firm, PA, of Charleston, for Respondents Schaible. Nathan Michael Haber, of Charleston, for Respondent SCDHEC. David Abdo, Respondent, pro se. James Maull appeals the Administrative Law Court's (ALC's) order affirming the South Carolina Department of Health and Environmental Control's (DHEC's) decision to issue an amendment for the construction of a dock along the Atlantic Intracoastal Waterway in Charleston County. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2012-212217 The State, Respondent,
v.
Romeo Brown, Appellant. Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General Melody Jane Brown, all of Columbia,C for Respondent. Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent. Romeo Brown appeals his conviction for muder and possession of a firearm, arguing the trial court erred in allowing the State to impeach his testimony with evidence of a prior altercation with the victim. |
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2:20 p.m. | (Time Limits: 10-10-5) |
2013-001745 Roger R. Riemann, Respondent,
v.
Palmetto Gems & Gemological Services, Inc. and Thomas Shofner, in his individual capacity, Appellants. Angus H. Macaulay and James Andrew Byars, both of Nexsen Pruet, LLC, of Columbia, for Appellants. Eugene Hamilton Matthews of Richardson Plowden & Robinson, PA, of Columbia, for Respondent. Palmetto Gems & Gemological Services, Inc. & Thomas Shofner (collectively "Appellants") appeal the circuit court's denial of their motion to compel arbitration of Roger R. Riemann's ("Respondent") Payment of Wages Act claim. Appellants contend the circuit court erred in finding (1) Respondent's wage claim was not arbitrable as a matter of law, and (2) Respondent's remaining claims were outside the scope of the arbitration agreement. |
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3:00 p.m. | (Time Limits: 10-10-5) |
2013-001759 South Carolina Department of Transportation, Respondent,
v.
David Franklin Powell, Appellant. Howell V. Bellamy, Jr. and Robert S. Shelton, both of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., of Myrtle Beach, for Appellant. John B. McCutcheon, Jr. of Thompson & Henry, PA, of Conway, for Respondent. Beacham O. Brooker, Jr., of Columbia, for Respondent. In this appeal from a condemnation action, David Powell argues the circuit court erred in granting the South Carolina Department of Transportation's motion for partial summary judgment. |
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Thursday, December 11, 2014 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-001212 Joseph Mickle, Appellant-Respondent,
v.
Boyd Brothers Transportation, Inc., Employer, and Lumbermans Underwriting Alliance, Carrier, Respondents-Appellants. Frank Anthony Barton, of West Columbia, for Appellant/Respondent. Duke K. McCall, Jr. of Smith Moore Leatherwood, LLP, of Greenville, for Respondents/Appellants. Boyd Brothers' Transportation, Inc. (Boyd Brothers) raises three issues on appeal from the Appellate Panel of the Workers' Compensation Commission, which determined Boyd Brothers, as Joseph Mickle's statutory employer, must pay Mickle's permanent and total disability benefits. First, Boyd Brothers challenges the commission's determination that it had jurisdiction over Mickle's claim, arguing WTI Transport (WTI)-Boyd Brothers' wholly-owned subsidiary and Mickle's employer-was exempt from the Workers' Compensation Act and Mickle was not a statutory employee of Boyd Brothers. Second, Boyd Brothers argues there was no evidence Mickle was permanently and totally disabled. Finally, Boyd Brothers challenges the commission's award calculations. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-002341 LNV Corporation, Respondent,
v.
Affordable Hospitality Group-Anderson, LLC; Diversified Capital Investment Group, LLC; Jay Berlye; Anderson County, South Carolina; and the State of South Carolina, Defendants,
Of Whom Affordable Hospitality Group-Anderson, LLC; Diversified Capital Investment Group, LLC, and Jay Berlye are the Appellants. Ronald M. Childress, of Columbia, for Appellants. Benjamin Rush Smith, III, and Allen Mattison Bogan, both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Respondent. Dowse Bradwell Rustin, IV, of Nelson Mullins Riley & Scarborough, LLP, of Greenville, for Respondent. In this civil appeal, Affordable Hospitality Group-Anderson, LLC; Diversified Capital Investment Group, LLC; and Jay Berlye (collectively "Appellants") argue the trial court erred in dismissing their counterclaims, because the court (1) went beyond the allegations of Appellants' counterclaims to dismiss them, (2) misread Appellants' pleading to find that their counterclaims arose before November 2009, and (3) improperly interpreted modifications of the construction agreement as releases of performance under the loan commitment letter. Furthermore, Appellants contend the trial court erred as a matter of law in holding the loan commitment letter was unenforceable. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-001036 The State, Respondent,
v.
Kashaun Banks, Appellant. Blakely Lynn Molitor of Collins & Lacy, PC, of Columbia, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Assistant Deputy Attorney General David A. Spencer, and Assistant Attorney General Kristin M. Simons, all of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent. Kashaun Banks appeals his conviction for armed robbery, arguing the trial court erred in finding his confession was admissible evidence. |
Tuesday, December 9, 2014 | |
Courtroom II
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-000909 The State, Respondent,
v.
Tiphani Marie Parkhurst, Appellant. Appellate Defender Lara Mary Caudy, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent. Tiphani Marie Parkhurst (Parkhurst) appeals her conviction for trafficking methamphetamine. Parkhurst argues that the trial court erred in denying her pre-trial motion to dismiss as well as her motion for directed verdict. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2013-000314 Scarlet Williams, Appellant,
v.
Lexington County Board of Zoning Appeals, Respondent. Renae Stacie Alt-Summers of Giese Law Firm, of Columbia, for Appellant. Jeffrey M. Anderson of Davis Frawley LLC, of Lexington, for Respondent. William Joseph Maye, of Lexington, for Respondent. Appellant appeals the circuit court's decision to affirm the Lexington County Board of Zoning Appeals' denial of a home occupation permit for Appellant's dog grooming business. Specifically, Appellant argues the Board of Zoning Appeals abused its discretion by adoption the Zoning Administrator's erroneous interpretation of the applicable zoning ordinances. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2012-212687 Yancey Environmental Solutions, LLC, Appellant,
v.
Richardson Plowden & Robinson, P.A. and George Harold Hanlin, J.D., Respondents. Thomas A. Pendarvis and Catherine Brown Kerney, both of Pendarvis Law Offices, PC, of Beaufort, for Appellant. Susan Pedrick McWilliams, Tanya Amber Gee, and Daniel C. Leonardi, of Nexsen Pruet, LLC, of Columbia, and Burl F. Williams of Nexsen Pruet, LLC, of Greenville, for Respondents. In this legal malpractice action, Appellant Yancey Environmental Solutions, LLC (YES) challenges the circuit court's granting of a directed verdict for Respondents, Richardson Plowden & Robinson, P.A. and George Harold Hanlin, on the ground that YES presented no evidence of proximate cause. YES argues there was evidence from which the jury could infer that Respondents' termination of their relationship with YES proximately caused YES to lose $1.2 million in consulting fees. YES also seeks review of the circuit court's ruling that the intent of YES's corporate client to perform on its contract with YES could not be established by the testimony of the client's Rule 30(b)(6), SCRCP, designee. |
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2:20 p.m. | |
2013-000412 Virendra Puniyani, Deceased Employee, and Rajkumari Puniyani, Claimant, Respondents,
v.
Avni Grocers, Employer, and South Carolina Uninsured Employers' Fund, Carrier, Defendants,
of whom South Carolina Uninsured Employers' Fund, Carrier, is the Appellant. Margaret Mary Urbanic, of Clawson & Staubes, LLC, of Charleston, for Appellant. John S. Nichols of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Respondent. Jarrel L. Wigger of Wigger Law Firm, of North Charleston, for Respondent. In this appeal from the circuit court, the South Carolina Uninsured Employer's Fund argues the circuit court erred in admitting of Mr. Harendra Pal's affidavit and in finding there was substantial evidence to support the conclusion that Avini Grocers was subject to the Workers' Compensation Act. |
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2:20 p.m. | (Time Limits: 15-15-5) |
2013-000282 Anita Chaudhari, Deceased, Employee, and Dharmendra Chaudhari, Claimant, Respondents,
v.
Avni Grocers, Employer, Defendant, and The South Carolina Uninsured Employer's Fund,
of whom The South Carolina Uninsured Employer's Fund is the Appellant. Margaret Mary Urbanic of Clawson & Staubes, LLC, of Charleston, for Appellant. John S. Nichols of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Respondents. Jarrel L. Wigger of Wigger Law Firm of North Charleston, for Respondents. In this appeal from the circuit court, the South Carolina Uninsured Employer's Fund argues the circuit court erred in admitting of Mr. Harendra Pal's affidavit and in finding there was substantial evidence to support the conclusion that Avini Grocers was subject to the Workers' Compensation Act. |
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Wednesday, December 10, 2014 | |
Courtroom II
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10:00 a.m. | (Time Limits: 10-10-5) |
2013-001515 Michael Worthen, Employee, Claimant, Appellant,
v.
Laurens County, Employer, and SC Association of Counties SIF, Carrier, Defendants, Respondents. Monty D. Desai and John Matthew Whitehead, both of The Carolina Law Group of Greenville, for Appellant. Richard B. Kale, Jr. and Zachary McIver Smith, both of Willson Jones Carter & Baxley, P.A, of Greenville, for Respondents. In this workers' compensation case, Michael Philip Worthen (Appellant) appeals the Appellate Panel's order denying his claim for benefits under the South Carolina Workers' Compensation Act, arguing the Appellate Panel erred in finding (1) he did not sustain an injury by accident arising out of and in the course of his employment with Laurens County (Respondent); (2) his myocardial infarction/heart attack was not induced by unexpected strain or overexertion in the performance of the duties of his employment, by the unusual and extraordinary conditions of his employment, or both; and (3) his defibrillator implantation, coronary artery bypass surgery, and lost time from work were not causally related to the heart attack Appellant sustained. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2013-001483 First National Bank of the South, Successor in interest to Carolina National Bank and Trust Company, Respondent,
v.
James T. Callihan a/k/a James Callihan; Edward L. Williams; Frank J. Pennisi a/k/a Frank Pennisi; Dean J. Karavan a/k/a D.J. Karavan; Charles T. Walls, Jr. a/k/a Charles Walls; Robert S. Guyton; and Jeffrey H. Skelley, Defendants,
Of whom Frank J. Pennisi and Charles T. Walls are the Appellants. Thomas C. Brittain of The Brittain Law Firm, P.A., of Myrtle Beach, for Appellant Pennisi. C. Scott Masel of Newby Sartip Masel & Casper, LLC, of Myrtle Beach, for Appellant Walls, Robert A. Kerr, Jr. and Amy Jowers Mikell, both of Moore & Van Allen, PLLC, of Charleston, for Respondent. In this action seeking collection of payment from Appellants James T. Callihan, et. al, Appellants argue the trial court erred in (1) finding that certain guaranties applied to the second and third loan transactions; (2) finding the banks' actions did not release the guarantors; and (3) finding the case was prosecuted by a proper party. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2011-198106 Hotel and Motel Holdings, LLC, Respondent.,
v.
BJC Enterprises, LLC, Wendy J. Bellamy, Americana, Inc., a/k/a Americana Motel of Myrtle Beach, Inc., Mozingo & Wallace Architects, LLC, Kersi S. Shroff, and Shroff Management, Inc., Defendants,
BJC Enterprises, LLC, Wendy J. Bellamy, Americana, Inc., a/k/a Americana Motel of Myrtle Beach, Inc., Appellants,
v.
First Palmetto Savings Bank, F.S.B., Jack Jones, Donald D. Godwin, and Bhupendra Patel, Respondents. Kathryn M. Cook of Kathryn M. Cook, PA, of North Myrtle Beach, for Appellants. Carlyle Richardson Cromer, R. Wayne Byrd, and Audra McCall Byrd of Turner Padget Graham & Laney, PA, of Myrtle Beach, for Respondents Hotel & Motel Holdings, Donald Goodwin, and Jack Jones. Sarah Patrick Spruill of Haynsworth Sinkler Boyd, PA, of Greenville, for Respondent First Palmetto Savings Bank, FSB. Lindsey Carlberg Livingston of Adams and Reese LLP, of Columbia, for Respondent First Palmetto Savings Bank, FSB. This commercial foreclosure action was originally brought by Respondent First Palmetto Savings Bank, FSB against BJC Enterprises, LLC, Wendy Jones Bellamy, and Americana, Inc. a/k/a Americana Motel of Myrtle Beach, Inc. (collectively Appellants). Subsequently, Respondent Hotel and Motel Holdings, LLC was substituted as the plaintiff in the underlying action. On appeal, Appellants seek review of several orders, arguing that the trial court erred in: granting First Palmetto Savings Bank, FSB's motion for summary judgment as to Appellants' third-party claims; granting Hotel and Motel Holdings, LLC's motion for summary judgment as to Appellants' counterclaims; granting Respondents Jack Jones, Donald Godwin, and Bhupendra Patel's (collectively Individual Respondents) motion to dismiss pursuant to Rule12(b)(6), SCRCP; and granting Hotel and Motel Holdings, LLC's motion to strike Appellants' request for a jury trial on Hotel and Motel Holdings, LLC's claim and delivery cause of action. |
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12:00 p.m. | (Time Limits: 10-10-5) |
2013-001259 George Francis Brown, Appellant,
v.
Julie Kirck Brown, Respondent. Sarah Ganss Drawdy of Byrholdt Drawdy, LLC, of Anderson, for Appellant. Robert Scott Dover of Law Offices of Scott Dover, of Pickens, for Respondent. In this appeal from the family court, George Brown (Husband) contends the family court erred in awarding Julie Brown (Wife) almost 50% of the marital estate and in awarding custody of the parties' minor children to Wife. In addition, Husband avers the family court erred in the amount of attorney's fees and guardian ad litem fees it required Husband to pay in the final order. |
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12:40 p.m. | (Time Limits: 10-10-5) |
2013-001629 Jeffrey H. Anders and Maureen Anders, Michael K. Callahan and Amy Callahan, Melinda A. Caviccia, Michael B. Ciulis, Stephen Kipa, Chad Kurtz, Spencer L. Morgan, Richard O'Reilly and Alicia F. O'Reilly, Daniel Ryan and Susan Ryan, Gennady Shmukler, Michael Schmuff and Joanne Schmuff, and Matthew Terry, Kathryn M. Tillman, Valerie A. Lowe, Tacg Properties, LLC, Mackay Marsh, LLC, Plaintiffs,
Of Whom Spencer L. Morgan is the Appellant,
v.
The Settings of Mackay Point, LLC, The Setting Development Companies, LLC, Branch Banking & Trust Co., Wachovia Bank, N.A., Bond Safeguard Insurance Company, and Jasper County, Defendants,
Of Which Wachovia Bank, N.A. is the Respondent. Robert Wade Maring of Maring Law Firm, P.A., of Georgetown, for Appellant. Shelton Sterling Laney, III, of Womble Carlyle Sandridge & Rice, LLP, of Greenville. for Respondent. Matthew Todd Carroll of Womble Carlyle Sandridge & Rice, LLP, of Columbia, for Respondent. Appellant appeals the circuit court's order dismissing the case under Rule 41(b) of the South Carolina Rules of Civil Procedure. Appellant argues that the circuit court abused its discretion by (1) failing to grant Appellant's Motion for Continuance and (2) dismissing Appellant's claims for failure to prosecute. |
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Cases to be Submitted Without Oral Argument | |
2012-212706 |
Johnny Andrew Parsons, Appellant,
v.
Tabatha Jacobs Parsons, Respondent.
|
2012-213619 |
Matthew Taylor, Respondent,
v.
State of South Carolina, Petitioner
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2013-000043 |
Steven William Roberts, Petitioner
v.
State of South Carolina, Respondent.
|
2012-212505 |
Floyd Randolph Granger III, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-000069 |
Ricky Price, Petitioner
v.
State of South Carolina, Respondent.
|
2014-000048 |
Stefen Harris, #208563, Appellant,
v.
South Carolina Department of Corrections, Respondent.
|
2013-002180 |
The State, Respondent,
v.
Alton Rodgers, Appellant.
|
2013-001564 |
William E. Miller, Jr., Employee, Claimant, Appellant,
v.
Owen Steel Company, Inc., Employer, and Great American Insurance Group c/o Strategic Comp Services, Carrier, Respondents.
|
2011-199907 |
Billy S. Tucker, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212076 |
Fredy Sibrian, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-002087 |
The State, Respondent,
v.
Jeffrey Thomas Brown, Appellant.
|
2013-002278 |
Michael Goins, #302385, Appellant,
v.
South Carolina Department of Corrections, Respondent.
|
2012-213308 |
Melcelus Toland, Petitioner,
v.
State, of South Carolina, Respondent.
|
2013-000807 |
Jane Doe, As guardian for John Doe, Appellant,
v.
Doni Rhinehart, Respondent.
|
2012-213201 |
Stacey Abney, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-000663 |
The State, Respondent,
v.
Dan Temple, Appellant.
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2012-213700 |
David Lee Rose, Petitioner
v.
State of South Carolina, Respondent.
|
2014-000115 |
The State, Respondent,
v.
Marsha Janet Selph, Appellant.
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2013-000362 |
Stanley L. Butler, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212155 |
Terrance Tompkins, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-000111 |
Pamela Marie Teal, Petitioner,
v.
State of South Carolina, Respondent.
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2013-000079 |
Anthony M. Brown, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-002081 |
Edward Eli Saleeby, III, Appellant,
v.
South Carolina Department of Motor Vehicles and South Carolina Department of Public Safety, Respondents.
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2013-001429 |
The State, Respondent,
v.
Benjamin M. Rhodes, Appellant.
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2012-213671 |
Henry Lee Bradley, Petitioner,
v.
State of South Carolina, Respondent.
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2011-186250 |
Joshua Forrest, Petitioner,
v.
State of South Carolina, Respondent.
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2013-002317 |
The State, Respondent,
v.
Millanyo A. Woody, Appellant.
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2013-002712 |
Thomas Thompson, #80681, Appellant,
v.
South Carolina Department of Probation, Parole and Pardon Services, Respondent.
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2013-002637 |
The State, Respondent,
v.
Justin Darnell Reynolds, Appellant.
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2012-212783 |
Clarence Miller, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-002352 |
The State, Respondent,
v.
Frankie Hugh Brooks Jr., Appellant.
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2013-000593 |
Alexander Guice, Appellant,
v.
Pamela Lee, Respondent.
|
2012-212737 |
Harry H. Jones, Petitioner,
v.
State of South Carolina, Respondent.
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2013-001499 |
Sean Daley, Employee-Claimant, Appellant,
v.
Chapman Mechanical, LLC, Employer, and Stonewood Insurance Company, Carrier, Respondents.
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2012-212580 |
Brandon Lav'ar Johnson, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-212733 |
Leon Billups, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-213668 |
David Heath, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-213684 |
Christopher Dale Shirley, Petitioner
v.
State of South Carolina, Respondent.
|
2013-002231 |
Michael Jones, #237769, Appellant,
v.
South Carolina Department of Corrections, Respondent.
|
2012-212592 |
Joseph A. Dozier, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-000128 |
Travis Sentell Rice, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-213240 |
Gary Waiters, Petitoner,
v.
State of South Carolina, Respondent.
|
2012-213129 |
Billy Nathan Lee, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-000429 |
Larry Prophet, Petitioner,
v.
State of South Carolina, Respondent.
|
2013-000627 |
Rachion Omar Robinson, Petitioner,
v.
State of South Carolina, Respondent.
|
2012-213038 |
Travis D. Bellamy, Petitioner,
v.
State of South Carolina, Respondent.
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