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February 2005 |
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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, February 1, 2005 | |
09:30 a.m. | |
3999 Evelyn H. Conner, Appellant v. City of Forest Acres, Respondent. Scott Elliott, of Elliott & Elliott, and Howard A. Hammer, of Hammer, Hammer, Carrigg & Potterfield, both of Columbia, for Appellant. Kathryn Thomas and Derwood L. Aydlette, III, both of Gignilliat, Savitz & Bettis, of Columbia, for Respondent. A jury rendered a verdict in favor of the City of Forest Acres in a wrongful discharge action brought by Evelyn H. Conner. Conner appeals the trial court's rulings on certain evidentiary issues and jury instructions, arguing, among other things, that the trial court erred in excluding evidence of events which occurred during grievance proceedings which occurred after the date she was terminated by the police chief.
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10:00 a.m. | |
4000 Helms Realty, Inc., Appellant v. Gibson-Wall Company, a South Carolina Partnership and Canal Industries, Inc., Defendants, of whom Gibson-Wall Company, a South Carolina Partnership is the Respondent. J. Matthew Dove, of Dove Law Firm, of Murrells Inlet, for Appellant. William Jerad Rissler and J. Christopher Clark, both of Nelson Mullins Riley & Scarborough, of Myrtle Beach, for Respondent. This is a breach-of-contract case before the Court pursuant to Rule 204(b), SCACR. The issue is whether the appellant, a real-estate broker, is entitled to a commission under its listing agreement with the respondent.
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Wednesday, February 2, 2005 | |
09:30 a.m. | |
4002 Bryan Bowman, Respondent v. State Roofing Company, Chesterfield County School District, George Cantlon, Uninsured Employer's Fund, Travelers' Insurance Co., AFCO Credit Corporation and C. Douglas Wilson & Co., Inc., Defendants, of whom State Roofing Company, Chesterfield County School District, George Cantlon, Uninsured Employers Fund, and C. Douglas Wilson & Co., Inc. are Respondents, Travelers' Insurance Co. is Respondent/Appellant and AFCO Credit Corporation is the Appellant/Respondent. Danny Gainey, Respondent v. State Roofing Company, Chesterfield County School District, George Cantlon, Uninsured Employer's Fund, Travelers' Insurance Co., AFCO Credit Corporation and C. Douglas Wilson & Co., Inc., Defendants, of whom State Roofing Company, Chesterfield County School District, George Cantlon, Uninsured Employers Fund, Travelers' Insurance Co. and C. Douglas Wilson & Co., Inc. are Respondents, Travelers' Insurance Co. is Respondent/Appellant and AFCO Credit Corporation is the Appellant/Respondent. C. Mitchell Brown, Elizabeth H. Campbell, Beth B. Richardson, all of Nelson Mullins Riley & Scarborough, of Columbia, and Errol Anne Y. Hodges, of Nelson Mullins Riley & Scarborough, of Greenville, for Appellant/Respondent AFCO Credit Corporation. Nelson R. Parker and William Ceth Land, of Land, Parker & Welch, PA, of Manning, for Respondents Bryan Bowman and Danny Gainey. David C. Holler, of Lee, Erter, Wilson, James, Holler & Smith, LLC, and Thomas E. Player, Jr., both of Sumter, for Respondent State Roofing Co. Ajerenal Danley and Matthew C. Robertson, both of Columbia, Samuel Thompson Brunson, of Florence and Terry Michael Mauldin, of Columbia, for Respondent S.C. Uninsured Employers Fund. Mary Sowell League, of Ellis, Lawhorne & Sims PA, of Columbia, for Respondent Chesterfield County School District. Michael E. Chase, of Turner, Padget, Graham & Laney, P.A., of Columbia, for Respondent C. Douglas Wilson Co. George Cantlon, of Sumter, pro se Respondent. Byron Putnam Roberts, of Columbia, for Respondent/Appellant Travelers Insurance Company. This case involves the cancellation of insurance by a premium service company.
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10:00 a.m. | |
4003 The State, Petitioner v. Marion L. Parris, Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Assistant Attorney General W. Rutledge Martin, all of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Petitioner. Assistant Appellate Defender Robert M. Dudek, of Office of Appellate Defense, of Columbia, for Respondent. This is a Court of Appeals certiorari. The issue on appeal is whether respondent was entitled to a directed verdict on the charge of breach of trust with fraudulent intent.
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10:30 a.m. | |
4004 Karl Albert Overcash, III, Respondent v. South Carolina Electric and Gas Company, Petitioner. Robert A. McKenzie and Gary H. Johnson, II, both of McDonald, McKenzie, Rubin, Miller & Lybrand, of Columbia, for Petitioner. Fred A. Walters, of Columbia, and A. Camden Lewis, of Lewis, Babcock & Hawkins, of Columbia, for Respondent. In this case Appellant argues, among other things, that the Court of Appeals erred in sanctioning a private right of action under the doctrine of public nuisance for purely personal injuries.
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Thursday, February 3, 2005 | |
09:30 a.m. | |
4005 Phelix Byrd, Appellant v. The City of Hartsville and Darlington County, Defendants, of whom The City of Hartsville is the Respondent. Charles S. Altman, of Finkel & Altman, LLC, of Charleston, for Appellant. Martin S. Driggers, of Driggers & Moyd, of Hartsville, David L. Morrison and Andrew F. Lindemann, both of Davidson, Morrison & Lindemann, of Columbia, for Respondent. This is an inverse-condemnation case before the Court pursuant to Rule 204(b), SCACR. The issue is whether the circuit court erred by granting the city's motion for summary judgment.
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10:00 a.m. | |
4006 Ben R. Pittman, on behalf of himself and all other shareholders of Grand Strand Entertainment, Inc., Appellants v. Grand Strand Entertainment, Inc., d/b/a Legends In Concert of Myrtle Beach, John Stuart and Legends in Concert, Inc., Defendants, of whom John Stuart is Respondent. C. Scott Masel, of Newby, Pridgen & Sartip, LLC, of Myrtle Beach, for Appellants. Henrietta U. Golding, of McNair Law Firm, of Myrtle Beach, for Respondent. In the underlying case, appellant claimed that respondent misappropriated a corporate opportunity and, in doing so, breached a fiduciary duty to the corporation. On appeal, the issue is whether the master-in-equity erred in granting respondent's motion for summary judgment.
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10:30 a.m. | |
4007 In the Matter of Thomas E. Ruffin, Jr., Respondent. Attorney General Henry Dargan McMaster and Senior Assistant Attorney General James G. Bogle, both of Columbia, for the Office of Disciplinary Counsel. Desa A. Ballard, of West Columbia, for Respondent. This is an attorney disciplinary matter.
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Tuesday, February 15, 2005 | |
09:30 a.m. | |
4008 Norman Jeffrey Cockrell, as Guardian ad Litem for Ryan Jeffrey Cockrell, Appellant v. Hillerich & Bradsby Company d/b/a Louisville Slugger, James A. Sherwood, University of Massachusetts at Lowell Baseball Research Center, the National Federation of State High School Associations and the South Carolina High School League, Defendants, of whom James A. Sherwood and University of Massachusetts at Lowell Baseball Research Center are Respondents. J. Kendall Few, of J. Kendall Few, PA, of Greenville, Stephen D. Baggett and Kenneth W. Poston, both of McDonald, Patrick, Tinsley, Baggett & Poston, L.L.P., of Greenwood, and Charles W. Whetstone, Jr., of James C. Anders, PA, of Columbia, all for Appellant. Elizabeth M. McMillan, of Nelson Mullins Riley & Scarborough, of Greenville, and C. Mitchell Brown, of Nelson Mullins Riley & Scarborough, of Columbia, for Respondent. This is a products liability and negligence case. The issue is whether the circuit court erred in granting the respondents’ motion to dismiss for lack of personal jurisdiction.
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10:00 a.m. | |
4009 In the Matter of the Estate of Mary Frances Pallister. Ann Garman Diem Patton as Personal Representative of the Estate of Ruth Eleanor Diem, Respondent v. James E. Reames, Stephen L. Reames, Marsha R. Bozard, and David S. Reames, as Personal Representative for the Estate of F.S. Reames, Appellants. B. Eric Shytle and Sarah P. Spruill, both of Haynsworth Sinkler Boyd, P.A., of Columbia, and John Ravenel Chase, of Haynsworth Sinkler Boyd, P.A., of Florence, for Appellants. Kenneth B. Wingate and Paul D. Kent, both of Sweeny, Wingate & Barrow, PA, of Columbia, for Respondent. A probate court jury found that Mary Frances Pallister had not revoked her will prior to her death, although the original will was lost or missing. Appellants contend the circuit erred in (1) affirming the probate court judgment because Respondent failed to meet the burden of establishing by clear and convincing evidence that the will was lost or destroyed by a third party without the decedent's knowledge or consent; and (2) in affirming the probate court's failure to instruct the jury that the law does not presume a will was wrongfully destroyed by a third party.
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10:30 a.m. | |
4010 The State, Respondent v. Gary James Long, Jr., Petitioner. David I. Bruck, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia, and Solicitor Cecil Kelley Jackson, of Sumter, for Respondent. The Court granted certiorari to review a Court of Appeals decision holding that S.C. Code Ann. §56-5-2946 permits an officer to order a chemical blood test for a person under arrest for felony DUI, without regard to the requirements of S.C. Code Ann. § 56-5-2950.
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Wednesday, February 16, 2005 | |
09:30 a.m. | |
4012 Mary M. Slack and Stephen H. Slack, Petitioners v. Lonnie James and Shannon James, Respondents. Richard S. Rosen and Daniel F. Blanchard, III, both of Rosen, Rosen & Hagood, LLC, of Charleston, for Petitioners. Stanley Clarence Rodgers, of Charleston, for Respondents. This case involves the issues of whether the Court of Appeals erred by (1) finding Buyers did not have a duty to investigate the truthfulness of an alleged misrepresentation by Sellers' real estate agent; and (2) finding the merger clause in the purchase contract was not a defense to Buyers' fraud and negligent counterclaims.
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10:00 a.m. | |
3576 Emma F. Hessenthaler, Petitioner v. Tri-County Sister Help, Inc., Respondent. William Gary White, III, of Columbia, for Petitioner. Chalmers Carey Johnson, of Chalmers Johnson Law Firm, of Charleston, for Respondent. Ashley B. Abel and Lisa R. Claxton, both of Jackson Lewis, LLP, of Greenville, for Amici Curiae The South Carolina Chamber of Commerce and The South Carolina Policy Council. On its second rehearing, this case raises issues of whether an employee manual creates a contract, and whether an employee, who works for an entity employing fewer than 15 people, may bring a wrongful discharge action based on race discrimination.
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Cases to be Submitted Without Oral Argument | |
Morris Sullivan, Respondent v. State of South Carolina, Petitioner. |
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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital and Collateral Litigation Salley W. Elliott and Assistant Attorney General Elizabeth R. McMahon, all of Columbia, for Petitioner. Dwight Christopher Moore, of Moore Law Firm, of Sumter, and Office of Appellate Defense, of Columbia, for Respondent. |
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Robert Lee Leamon, Petitioner v. State of South Carolina, Respondent. |
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Assistant Appellate Defender Aileen P. Clare, 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 Elizabeth R. McMahon, all of Columbia, for Respondent. |
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Luke A. Williams, III, Respondent v. State of South Carolina, Petitioner. |
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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Derrick K. McFarland, all of Columbia, for Petitioner. David I. Bruck and Robert Edward Lominack, both of Columbia, for Respondent. |
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Cheryl Howard Craig, Respondent v. William Rhett Craig, III, Petitioner. (This case was originally scheduled for 9:30 a.m. on February 16, 2005. A motion to waive oral argument was filed and granted.) |
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T. Preston Reid, of Howard, Howard, Francis & Reid, of Greenville, for Petitioner. Jean Perrin Derrick, of Lexington, and Stuart G. Anderson, Jr., of Greenville, for Respondent. |