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Supreme Court Seal
South Carolina
Judicial Branch
Supreme Court - Roster of Cases for Hearing

   
The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Wednesday, January 4, 2006
 09:30 a.m.
4145   Etiwan Investors, LLC, Plaintiff v. The Retreat At Etiwan Pointe LLC;Alec H. Chaplin, Belle Hall Land, LLC; HW, Inc., Neal Baker; The Sherman Agency, Inc.; Morgan Energy Corporation Profit Sharing Plan; Gulf Stream Construction Co., Inc., and MP Real Estate, Inc., Defendants, of whom Etiwan Investors, LLC, The Retreat at Etiwan Pointe, LLC, Alec H. Chaplin and Belle Hall Land, LLC are the Respondents, and Neal Baker, The Sherman Agency, Inc. and Morgan Energy Corporation Profit Sharing Plan are the Appellants.

G. Dana Sinkler, of Warren & Sinkler, and Stephen A. Spitz, both of Charleston, for Appellants. Samuel H. Altman and Jonathan S. Altman, both of Derfner, Altman & Wilborn, of Charleston, for Respondent Etiwan Investors. Frank E. Robinson, II, and Steven J. Pugh, both of Richardson, Plowden, Carpenter & Robinson, of Columbia, for Respondents The Retreat at Etiwan Pointe, LLC, Alec Chaplin and Belle Hall Land, LLC.

This is an appeal from an order entered in a mortgage foreclosure action setting priorities among the lien holders.

 10:00 a.m.
4146   Hardtops, Respondent v. Gerald L. Seyle, Cynthia H. Seyle, Appellants.

Steven L. Smith, of Smith, Collins, Newton & Koontz, of North Charleston, for Appellants. Thomas R. Goldstein, of Belk, Cobb, Infinger & Goldstein, of Charleston, for Respondent.

 10:30 a.m.
4147   Palmetto Princess, LLC, Respondent v. Town of Edisto Beach, Appellant.

Marvin C. Jones and R. Clenten Campbell, both of Bogoslow, Jones, Stephens & Duffie, of Walterboro, for Appellant. Heath Preston Taylor, of Moore, Taylor & Thomas, of West Columbia, for Respondent.

This case involves the issue of whether the circuit court erred by finding that a town ordinance violates article VIII, §14, of the South Carolina Constitution.

Thursday, January 5, 2006
 09:30 a.m.
4148   Russ and Lee Pye, Justin Enterprises, a South Carolina General Partnership, Appellants v. Estate of Dorothy T. Fox, John Richard Fox, III, A Personal Representative, Estate of John C. Fox, and G. Thomas Hill (Tommy Hill), Respondents.

Chalmers Carey Johnson, of Charleston, for Appellants. David Overstreet and David J. Harmon, both of Carlock, Copeland, Semler & Stair, of Charleston, for Respondent G. Thomas Hill. Coming B. Gibbs, Jr., of Gibbs & Holmes, of Charleston, for Respondents Estate of Dorothy Fox, John Richard Fox, III, A Personal Representative, and Estate of John C. Fox.

 10:00 a.m.
4149   The State, Respondent v. Michael James Laney, Appellant.

Assistant Appellate Defender Robert M. Dudek, of Office of Appellate Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Melody J. Brown, all of Columbia, and Solicitor Robert M. Ariail, of Greenville, for Respondent.

This is a death penalty case involving a double homicide in Greenville County. Appellant asserts that: (1) the trial court erred by not charging the jury that life imprisonment meant life without parole because the State offered evidence of his future dangerousness; (2) Atkins v. Virginia and Ring v. Arizona, decided by the United States Supreme Court after he was tried, require his case to be remanded for a new sentencing proceeding before a jury; and (3) the circuit court lacked subject matter jurisdiction to sentence him to death because the murder indictments did not allege any statutory aggravating circumstances necessary to expose him to the death penalty.

 10:30 a.m.
4150   Primerica Life Insurance Company, Respondent v. Desiree Pryor, Appellant.

John J. O'Brien, of O'Brien Law Firm, of Charleston, and Dennis R. Toney, Jr., of Toney Law Firm, of Charleston, for Appellant. Robert H. Hood, Mary Agnes Hood Craig, D. Nathan Hughey and Deborah H. Sheffield, all of Hood Law Firm, of Charleston, for Respondent.

This is an appeal from an order granting the insurance company summary judgment, finding the insured had made material misrepresentations in an insurance application.

Tuesday, January 17, 2006
 09:30 a.m.
4151   Myron Johnson & Building Environmental Services, Inc., Appellants v. Key Equipment Finance, A Division of KCCI, CTI Business Management Systems, LLC, Paul M. Candelaria, Rick White, and Brenda Williams, of whom Key Equipment Finance, A Division of KCCI, is Respondent.

Peter Brandt Shelbourne, of Summerville, for Appellants. Robert T. Strickland and Andrea C. Pope, both of Barnes, Alford, Stork & Johnson, of Columbia, for Respondent.

This case involves whether a contract that contained a forum selection clause prevents a party from filing suit for claims related to events that occurred prior to the signing of the contract.

 10:00 a.m.
4152   The State, Respondent v. Eric Dale Morgan, Appellant.

Acting Chief Attorney Joseph L. Savitz, III, of Office of Appellate Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

This case involves the issues of whether appellant’s death sentence should be vacated and whether he should be allowed to present evidence on a remand for resentencing that he is entitled to a sentence less than life imprisonment without parole.

 10:30 a.m.
4153   Minorplanet Systems USA Limited, Respondent v. American Aire, Inc., Appellant.

Jack D. Simrill, of Hilton Head Island, for Appellant. Stanley H. McGuffin and Lindsey Carlberg, both of Haynsworth Sinkler Boyd, P.A., of Columbia, for Respondent.

The issue in this case is whether the trial court properly upheld a forum selection clause specifying Texas as the forum for any lawsuit arising out of a contract between Minorplanet and American Aire.

Wednesday, January 18, 2006
 09:30 a.m.
4154   Anthony Law, Vondeste G. Mole, Mark Holmes, Arthur A. Vaughn, Harry Jenkins, Kenneth Green, Appellants v. South Carolina Department of Corrections, Respondent.

Charles E. Johnson, of Columbia, for Appellants. Marvin C. Jones and R. Clenten Campbell, both of Bogoslow, Jones, Stephens & Duffie, PA, of Walterboro, for Respondent.

Appellants are former employees of Respondent. Appellants assert on appeal that: (1) the trial court erred in granting summary judgment for Respondent on the malicious prosecution claims; (2) the trial court erred in granting a directed verdict for Respondent on the wrongful termination claims; and (3) the trial court erred in granting Respondent’s motion for judgment notwithstanding the verdict on the false imprisonment claims.

 10:00 a.m.
4155   Carolyn Farnsworth, Appellant/Respondent v. Davis Heating & Air Conditioning, Inc., Respondent/Appellant.

Charles J. Hodge and John G. Reckenbeil, both of Hodge Law Firm, of Spartanburg, for Appellant-Respondent. D. Ryan McCabe, R. Bryan Barnes and Robert J. Thomas, all of Rogers Townsend & Thomas, of Columbia, for Respondent-Appellant.

The issue in this case is whether Appellant/Respondent should be ordered to comply with a settlement agreement under Rule 43(k), SCRCP.

 10:30 a.m.
4156   Edward M. Seabrook, Jr., and Folly North Partners, LLC, Respondents v. Vernon Knox, Gered Lennon, Wallace Benson and Allen Boyd, in their official capacities as members of the City Council of the City of Folly Beach, and Harvey Wittschen, Ernest Horres, Victoria Messina and John Ball, in their official capacities as members of the Zoning Board of Adjustment of the City of Folly Beach, and Tom Hall, in his official capacity as the Building/Zoning Official of the City of Folly Beach, and The City of Folly Beach, Defendants, of whom The City of Folly Beach is Appellant.

Christopher L. Murphy and James A. Stuckey, Jr., both of Stuckey Law Offices, of Charleston, for Appellant. William B. Regan and Frances I. Cantwell, both of Regan & Cantwell, of Charleston, for Respondents.

This case involves due process and equal protection violations brought against the City of Folly Beach.

Thursday, January 19, 2006
 09:30 a.m.
4157   South Carolina Farm Bureau Mutual Insurance Company, Appellant/ Respondent v. State Farm Mutual Automobile Insurance Company, Carl King, King's Home Touch, Inc., Shannon Lynn Locklear, Mark W. Davis and Cheryl R. Davis, Defendants, of whom State Farm Mutual Automobile Insurance Company is Respondent/Appellant, and Mark W. Davis and Cheryl R. Davis are Respondents.

William W. Doar, Jr., and Leigh T. Powers, both of McNair Law Firm, of Georgetown, for Appellant-Respondent. Timothy A. Domin and Michael B. McCall, II, both of Clawson & Staubes, of Charleston, for Respondent-Appellant. Norwood David DuRant, of Norwood David DuRant & Associates, of Surfside Beach, for Respondents.

This is a dispute between a liability carrier and uninsured motorist carrier regarding payment of a jury verdict and attorney's fees.

 10:00 a.m.
4158   Capco of Summerville, Inc., Appellant v. J.H. Gayle Construction Company, Inc., Respondent.

John H. Tiller, of Haynsworth Sinkler Boyd, of Charleston, for Appellant. Erin DuBose Dean, of Tupper, Grimsley & Dean, of Beaufort, for Respondent.

The issue in this case is whether the trial court erred in holding a contribution suit filed by Capco was barred by the thirteen year statute of repose.

 10:30 a.m.
4159   Linda Erickson, Appellant v. Jones Street Publishers LLC., Respondent.

Russell S. Stemke, of Island Law Offices, of Isle of Palms, for Appellant. John J. Kerr, of Buist, Moore, Smythe & McGee, of Charleston, for Respondent.

The circuit court dismissed Appellant’s cause of action for defamation against Respondent, ruling she was a public figure for limited purposes who must prove constitutional actual malice in order to recover damages. Appellant served as a private guardian ad litem in a family court divorce and child custody case in Dorchester County which gave rise to the defamation lawsuit. The circuit court also dismissed Appellant’s causes of action for invasion of privacy and negligence. Appellant challenges the propriety of the circuit court’s rulings for various reasons.

 

Cases to be Submitted Without Oral Argument

Steven Harper, Petitioner v. State of South Carolina, Respondent.

Acting Chief Attorney Joseph L. Savitz, III, of Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Christopher Newton, all of Columbia, for Respondent.

Barry Wayne Whitehead, Petitioner v. State of South Carolina, Respondent.

Assistant Appellate Defender Eleanor Duffy Cleary, of Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Christopher L. Newton, all of Columbia, for Respondent.