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February 2006 |
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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, January 31, 2006 | |
09:30 a.m. | |
4162 Charleston County Department of Social Services and John Roe and Mary Roe, Intervenors, Petitioners v. Pamela King, Kenneth King, Jr., and Cody King, a child, D/O/B- 03/24/97, Defendants, of whom Pamela King is Respondent. Frampton Durban, Jr., of N. Charleston, for Petitioner, Charleston County Department of Social Services. R. Glenn Lister, Jr. and Daphne A. Burns, both of Mt. Pleasant, for Petitioners, John Roe and Mary Roe. Robert V. DeMarco, of Charleston, for Respondent. Ellen Babb, of Mt. Pleasant, Guardian ad Litem for Cody King. Amicus Curiae: Ruth F. Buck, of Sullivans Island, pro se. This case involves the issues of whether the Court of Appeals erred by applying certain criteria to a termination of parental rights case and whether the Court of Appeals erred by reversing the family court in finding that it was in the best interests of the child that the natural mother’s parental rights not be terminated.
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10:00 a.m. | |
4163 Samuel D. Page, Petitioner v. Willard G. Page, S.M. Page, Betsy Page Gilliam f/k/a Betsy Page Flinn, Carolyn Page Eaton, and Conway National Bank, Respondents. Richard N. Weldon and Janice A. Cannan, both of Weldon and Cannan, of Conway, for Petitioner. James Thomas Young, of Singleton, Burroughs and Young, of Conway, for Respondent, Conway National Bank. Willard G. Page, of Galivants Ferry, S. M. Page, of Darlington, Carolyn Page Eaton, of Aynor, and Betsy Page Gilliam, of North Charleston, pro se Respondents. This case is on writ of certiorari to the Court of Appeals; the issue involves the validity of a right of first refusal to purchase property in a deed conveying a fee simple estate.
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10:30 a.m. | |
4164 ORAL ARGUMENT CONTINUED - Alacia Hinson, Respondent v. Forest Lake Club, Inc., and Everest Reinsurance Company, Appellants. J. Russell Goudelock, II, of McAngus Goudelock & Courie, LLC, of Columbia, for Appellants. Louise Elaine Mozingo, of Mozingo and James, of Camden, for Respondent. Peter H. Dworjanyn, of Collins & Lacy, of Columbia, for Amicus Curiae, SC Defense Trial Attorneys' Association. The Workers’ Compensation Commission awarded lifetime benefits to Respondent as a result of a workplace injury and awarded a lump-sum attorney’s fee to Respondent’s attorney. The circuit court affirmed the decision. Appellant challenges the legitimacy of the method used by the Commission to calculate the lump-sum attorney’s fee and also raises issues relating to the Commission’s exclusion or lack of consideration of particular documents and evidence.
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Wednesday, February 1, 2006 | |
09:30 a.m. | |
4165 Ernest Matthew Riddle, Petitioner v. Jon Ozmint, Director, South Carolina Department of Corrections, Respondent. Teresa L. Norris and Diana L. Holt, both of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General William Edgar Salter, III, all of Columbia, for Respondent. The Court granted certiorari to consider an order denying post-conviction relief to a person serving a death sentence.
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10:00 a.m. | |
4166 In Re: Matter of Anne D. Ulmer, Jane Ulmer Patrick, successor Trustee and Conservator, Appellant v. Will C. Ulmer, III, Respondent. Edgar W. Dickson, of Williams & Williams, of Orangeburg, for Appellant. Thomas E. Lydon, of McAngus, Goudelock & Courie, LLC, of Columbia, for Respondent. James B. Jackson, of Yarborough, Hutto & Jackson, of Orangeburg, Guardian Ad Litem. This appeal arises from an order of the probate court restricting Will Ulmer (Respondent) from visiting his mother, Anne Ulmer (Mrs. Ulmer). Respondent made a motion to the circuit court to modify the probate court’s visitation order. The circuit court granted the motion. Jane Ulmer (Appellant), successor trustee and conservator for Anne Ulmer, appeals.
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10:30 a.m. | |
4167 Linda Angus, Respondent v. Burroughs & Chapin Co., Myrtle Beach Herald, Doug Wendel, Pat Dowling, Deborah Johnson, Chandler C. Prosser, Marvin Heyd, Chandler Brigham and Terry Cooper,Defendants, of whom Burroughs & Chapin Co., Myrtle Beach Herald, Doug Wendel, Pat Dowling and Deborah Johnson, are Petitioners. Jay Bender and Holly Palmer Beason, both of Baker, Ravenel & Bender, L.L.P., of Columbia, for Petitioners, Myrtle Beach Herald and Deborah Johnson. Robert L. Widener and Celeste T. Jones, both of McNair Law Firm, PA, of Columbia, for Petitioner, Burroughs and Chapin Co. L. Morgan Martin, of Hearn, Brittain and Martin, of Conway, Thomas C. Brittain, of Hearn, Brittain and Martin, of Myrtle Beach and Scott B. Umstead, of Myrtle Beach for Petitioners, Doug Wendel and Pat Dowling. William Edward Lawson, of Lawson and Gwin, of Myrtle Beach, for Petitioner, Doug Wendell. L. Sidney Connor, IV, of Kelaher, Connell & Connor, P.C., of Surfside Beach, for Respondent. This appeal involves a civil conspiracy claim for termination of an at-will employment.
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Thursday, February 2, 2006 | |
09:30 a.m. | |
4168 The State, Respondent v. Bill Chanthavy, Appellant. Ricky Keith Harris, of Spartanburg, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General David A. Spencer, all of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent. The petitioner was convicted of criminal sexual conduct. He appeals the denial of his motion to quash the indictment on the ground the grand jury true billed it based solely on hearsay testimony of a sheriff’s office employee.
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10:00 a.m. | |
4169 South Carolina Department of Social Services, Respondent v. Angelica Seegars, John Doe, and L.J. Parker, Defendants, of whom Angelica Seegars is Appellant. In Re: Brionica Ja'zyra Seegars, 10-06-99 and Javarus Kaleel Seegars, 07-11-02, Children under the age of eighteen. William P. Davis, of Baker, Ravenel & Bender, L.L.P., of Columbia, for Appellant. Deborah Murdock, of Greenville, for Respondent. Marion H. (Mark) Grier, Jr., of Lancaster, for Guardian Ad Litem, Sara Killough. This case raises the issues of whether the family court erred in terminating Appellant’s parental rights and whether the termination of parental rights based on S.C. Code Ann. § 20-7- 1572(8) violates Appellant’s due process rights?
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10:30 a.m. | |
4170 Theodore H. Kirkman and Karen K. Kirkman, Petitioners v. Parex, Inc., Francis Coaxum, d/b/a Coaxum Stucco, R. E. Miller, Miller Housing, Inc., and Miller Development Group and First Union National Bank of South Carolina, Defendants, of whom First Union National Bank of South Carolina, is Respondent. William D. Robertson, III, John D. Kassell and Theile Branham McVey, all of Columbia, for Petitioners. Thomas E. Lydon, of McAngus, Goudelock and Courie, LLC, of Columbia, for Respondent. The Court granted a writ of certiorari to review Kirkman v. Parex, Inc., 356 S.C. 525, 590 S.E.2d 36 (Ct. App. 2003), in which the Court of Appeals affirmed the circuit court’s granting summary judgment to Respondent First Union National Bank of South Carolina. The Court of Appeals held that Respondent was a “mere lender” and therefore did not impliedly warrant the habitability of a new house that it sold to Appellants Theodore and Karen Kirkman.
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Tuesday, February 14, 2006 | |
09:30 a.m. | |
4171 Miriam M. Gardner, Respondent v. James Troy Gardner, (By James Troy Gardner, Jr. His Personal Representative), Appellant. Thomas M. Neal, III, of Columbia, and Douglas J. Robinson, of Camden, for Appellant. Michael W. Self and Emma I. Bryson, both of McDougall & Self, LLP, of Columbia, for Respondent. This case involves issues related to the division of property in a divorce proceeding.
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10:00 a.m. | |
4172 Palmetto Princess, LLC, Respondent v. Georgetown County, Appellant. William B. Regan and Frances I. Cantwell, both of Regan & Cantwell, of Charleston, and Jack M. Scoville, Jr. and John McIntyre Tolar, both of Georgetown, for Appellant. A. Camden Lewis and Arial E. King, both of Lewis, Babcock & Hawkins, of Columbia, for Respondent. This case involves an issue regarding the federal Johnson Act and an issue of whether the circuit court erred by finding that a county ordinance violates Article VIII, §14, of the South Carolina Constitution.
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10:30 a.m. | |
4173 Dale A. Hardy, Lawrence J. Kukulski, Patricia A. Kukulski and Grace G. Stegall, Plaintiffs v. Millicent O. Aiken, William R. Aiken, Virginia N. Baillie, Mary R. Ballenger, Richard C. Ballenger, Deane Fant Camak, Joseph Boyd Camak, Nancy L. Hearn, Rozlyn S. Hood, William C. Hood, Yvonne R. Jeffcoat, Rajeev Malik, Mary Alice N. Terry and Ellen L. Ware, Defendants, Of whom Yvonne R. Jeffcoat is the Appellant and Millicent O. Aiken, William R. Aiken, Mary R. Ballenger, Richard C. Ballenger, Deane Fant Camak, Joseph Boyd Camak, Nancy L. Hearn, Rozlyn S. Hood, William C. Hood, Mary Alice N. Terry and Ellen L. Ware are the Respondents. Samuel F. Albergotti, of Jones, Spitz, Moorhead, Baird & Albergotti, of Anderson and James B. Richardson, Jr., of Columbia, for Appellant. Harold P. Threlkeld, of Anderson, for Respondents, Rozlyn S. Hood and William C. Hood. J. Kirkman Moorhead, of Krause, Moorhead and Draisen, of Anderson, for Respondents, Millicent O. Aiken and William R. Aiken. William C. Hood, of Anderson, for Respondents, Ballenger, Camak, Hearn, Hood, Terry and Ware. In this declaratory judgment action, the issue is whether the residents of a subdivision validly extended the duration of restrictive covenants by amendment. The special referee declared the covenants could not be extended.
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Wednesday, February 15, 2006 | |
09:00 a.m. | |
4174 Ex Parte: Capital U-Drive-It, Inc, Respondent. In Re: Michelle Wallace, f/k/a Michelle Beaver, Plaintiff v. Rhett Alexander Beaver, Appellant. John Dennis Delgado and Kathrine Haggard Hudgins, both of Columbia, for Appellant. Todd R. Ellis and Jonathan M. Milling, both of Smith Ellis and Stuckey, of Columbia, for Respondent. A family court judge previously sealed the record of a divorce proceeding between Rhett A. Beaver and Michelle W. Beaver with the consent of the parties. Rhett Beaver subsequently pleaded guilty in federal court to mail fraud in connection with the embezzlement of funds from his former employer, Capital-U-Drive-It, Inc. (Capital). Capital filed a lawsuit against Rhett Beaver and others in an effort to recover embezzled funds. On appeal, Rhett Beaver (1) challenges the family court judge’s ruling which unsealed the divorce record to allow Capital to review financial information pertaining to Rhett Beaver and (2) argues the order unsealing the record is immediately appealable.
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09:30 a.m. | |
4175 Waylon M. Sasser, Respondent v. American Plant and Equipment, Inc., and Textile Machinery Import-Export Co., Inc., Appellants. Thomas Alexander Belenchia, of Spartanburg, for Appellants. John Robert Peace, of Greenville, for Respondent. The circuit court granted summary judgment to Respondent, holding that Appellants were jointly and severally liable under the South Carolina Payment of Wages Act for commissions that were not paid to Respondent. The Court certified the case pursuant to Rule 204(b), SCACR.
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10:00 a.m. | |
4176 Millard M. Moody and Minnie L. Moody, Appellants v. Roper Hospital, Inc., Respondent. Justin S. Kahn, of Charleston, for Appellants. Stephen L. Brown, J. Rutledge Young, Jr., Joseph J. Tierney, Jr. and Jeffrey J. Wiseman, all of Young Clement Rivers, LLP, of Charleston, for Respondent. This appeal involves the limitations on a charitable hospital’s tort liability pursuant to the South Carolina Solicitation of Charitable Funds Act; codified at S.C. Code Ann. § 33-56-10 to -200 (2006).
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