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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 30, 2007 | |
09:30 a.m. | |
4333 City of Camden, Respondent v. Fairfield Electric Cooperative, Inc., Appellant and Lowe's Home Centers of Camden, South Carolina, Intervenor-Appellant. Marcus A. Manos and Manton M. Grier, both of Nexsen Pruet, LLC, of Columbia, for Appellant. Thomas H. Pope, III, of Newberry, for Intervenor-Appellant. James M. Brailsford, III, of Edisto Island, for Respondent. The issue on appeal is whether Fairfield Electric Cooperative has the right to provide electric service to a Lowe’s store on a parcel of property which was recently annexed by the City of Camden.
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4334 Don Allyn Ray, Appellant v. Melinda Hodges Ray, Respondent. Jean Perrin Derrick, of Lexington, for Appellant. W. Joseph Isaacs, of Isaacs & Alley, of Columbia, for Respondent. This case addresses the issue of whether deliberate concealment of a marital asset constitutes extrinsic fraud.
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4335 The State, Respondent v. Christopher Thomas, Appellant. Appellate Defender Aileen P. Clare, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Deborah R.J. Shupe, all of Columbia, and Solicitor Barbara R. Morgan, of Aiken, for Respondent. Appellant claims the trial court erred by refusing to consider suspending his sentence. The trial judge declared he had no authority to suspend appellant’s sentence because a minimum sentence was provided by statute.
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Wednesday, January 31, 2007 | |
09:30 a.m. | |
4289 Janice W. Vaughan, as Personal Representative of the Estate of Charles G. Vaughan, Jr., Appellant v. McLeod Regional Medical Center, Theresa Gallagher, M.D., and Thomas Wilson, M.D., Defendants, of whom McLeod Regional Medical Center and Thomas Wilson, M.D. are Respondents. Stephanie Pendarvis McDonald, of Charleston and Mahlon E. Padgett, IV, of Bennettsville, for Appellant. J. Boone Aiken, III, of Aiken, Bridges, Nunn, Elliott & Tyler, P.A., of Florence, for Respondents. In this action, Appellant appeals the circuit court’s grant of summary judgment in favor of Respondents based on S.C. Code Ann. § 44-66-70(A).
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4336 Eldeco, Inc., Appellant v. Charleston County School District, Mt. Pleasant Mechanical, Inc. and Beers Skanska, Inc., n/k/a Skanska USA Building, Inc., Defendants, of whom Charleston County School District and Beers Skanska, Inc., n/k/a Skanska USA Building, Inc. are Respondents. Frank M. Cisa, of Cisa & Dodds, of Mt. Pleasant, for Appellant. H. Brewton Hagood, of Rosen, Rosen & Hagood, of Charleston, for Respondent Charleston County School District. Ryan A. Earhart, of Nelson Mullins Riley & Scarborough, of Charleston, C. Mitchell Brown, of Nelson Mullins Riley and Scarborough, of Columbia, and Christopher J. Blake, of Raleigh, NC, all for Respondent Beers Skanska, Inc. n/k/a Skanska USA Building, Inc. This appeal concerns the issues of whether a general contractor breached its contract with a subcontractor by disallowing the subcontractor to perform certain work on a project and whether the owner of the project intentionally interfered with the subcontractor’s contractual relations with the general contractor.
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4337 Patricia Fici, Respondent-Petitioner v. Karol Koon, Kerry Koon Stack, Century 21 Bob Capes Realtors, Inc., and Francis Hipp, Defendants, of whom Karol Koon and Kerry Koon Stack are the Petitioners-Respondents and Century 21 Bob Capes Realtors, Inc., and Francis Hipp are the Respondents. Jean Perrin Derrick, of Lexington, for Petitioner-Respondent. William E. Booth, III, of Booth Law Firm, of West Columbia, for Respondent-Petitioner. Catherine H. Garbee Griffin, of Baker, Ravenel & Bender, of Columbia, for Respondents. This case involves a Statute of Frauds defense in an action to compel a land conveyance.
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Tuesday, February 6, 2007 | |
09:30 a.m. | |
4507 ARGUMENT CANCELLED. CASE SETTLED AND DISMISSED. Betty C. Wiggins, Respondent, v. Harriet E. Wilmeth, Amron Technologies, Inc., The Wilmeth Law Firm, Global Electronic Manufacturing Services, LLC, Wilmeth Enterprises, LLC, SCWRAP LLC, and John Doe Entities 1-20, Defendants, of whom Harriet E. Wilmeth is Appellant. Samuel W. Outten and William J. Watkins, Jr., both of Womble Carlyle Sandridge & Rice, of Greenville, and John S. Nichols, of Bluestein and Nichols, of Columbia, for Appellant. Vinton D. Lide and Michael S. Pauley, both of Vinton D. Lide & Associates, of Lexington, for Respondent. This case involves the issue of whether the circuit court erred by finding appellant in criminal contempt.
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Tuesday, February 13, 2007 | |
09:30 a.m. | |
4346 Tawanda Simpson, Respondent v. World Finance Corporation of South Carolina and World Acceptance Corporation, Petitioners. Judson K. Chapin, III, of Greenville, for Petitioners. Matthew Price Turner and Rhett D. Burney, both of Turner & Burney, of Laurens, for Respondent. This Court granted certiorari to review the denial of Petitioners’ motion to compel arbitration. Petitioners challenge 1) the court of appeals’ failure to address the issue of whether an arbitrator or the court should decide whether an arbitration clause covered Respondents’ underlying claims, and 2) the court of appeals’ and circuit court’s denial of Petitioners’ motions to compel arbitration because the claims did not arise from a significant relationship between the parties.
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09:30 a.m. | |
4341 Richard Aiken, Respondent v. World Finance Corporation of South Carolina and World Acceptance Corporation, Petitioners. Judson K. Chapin, III, of Greenville, for Petitioners. Matthew Price Turner and Rhett D. Burney, both of Turner & Burney, of Laurens, for Respondent. This Court granted certiorari to review the denial of Petitioners’ motion to compel arbitration. Petitioners challenge 1) the court of appeals’ failure to address the issue of whether an arbitrator or the court should decide whether an arbitration clause covered Respondents’ underlying claims, and 2) the court of appeals’ and circuit court’s denial of Petitioners’ motions to compel arbitration because the claims did not arise from a significant relationship between the parties.
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4351 Vicki F. Chassereau, Respondent v. Global-Sun Pools, Inc. and Ken Darwin, Petitioners. Michael H. Montgomery and Frank S. Potts, both of Montgomery, Patterson, Potts & Willard, of Columbia, for Petitioners. John E. Parker and Lee D. Cope, both of Peters, Murdaugh, Parker, Eltzroth & Detrick, of Hampton, for Respondent. This case involves the question of whether the respondent was required to arbitrate her tort claims pursuant to a previously executed arbitration agreement.
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10:30 a.m. | |
4342 The State, Respondent v. Levell Weaver, Petitioner. Deputy Chief Attorney for Capital Appeals Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Derrick K. McFarland, all of Columbia, and Solicitor Cecil Kelly Jackson, of Sumter, for Respondent. This case involves the issue of whether the Court of Appeals erred by upholding the trial court’s refusal to suppress evidence found in the vehicle petitioner was driving.
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Wednesday, February 14, 2007 | |
09:30 a.m. | |
4343 The State, Respondent v. Bryan Ladner, Appellant. Appellate Defender Aileen P. Clare, of South Carolina Commission on Indigent Defense, of Columbia, Berkeley County Public Defenders Patricia Ann Kennedy and Keshia V. White, both of Moncks Corner, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Shawn L. Reeves, all of Columbia and Solicitor Ralph E. Hoisington, of Charleston, for Respondent. In this direct criminal appeal, appellant raises two issues on appeal, that the trial court erred by: (1) admitting victim’s hearsay accusation in violation of the Confrontation Clause; and (2) denying his motion for a directed verdict.
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4344 Virginia Able, Appellant v. Terminex Service, Inc. and Dow/Elanco, Inc., a Division of Dow Chemical, Inc., Respondents. Ronald J. Jebaily, of Jebaily Law Firm, of Florence, Helen Tyler McFadden, of Kingstree, and John S. Nichols, of Bluestein & Nichols, of Columbia, for Appellant. Clinch H. Belser, Jr., and Michael J. Polk, both of Belser & Belser of Columbia, for Respondent Terminex Service, Inc. Christopher J. Daniels, Carl B. Epps, III, and William C. Wood, Jr., all of Nelson Mullins Riley & Scarborough, of Columbia, and Dean T. Barnhard, of Barnes & Thornburg, of Indianapolis, IN, for Respondent Dow/Elanco, Inc. This case addresses the issues of whether the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136-136y, preempted Appellant’s state law claims for strict liability, negligence, breach of warranty, misrepresentation, and fraud by concealment against Respondents; and whether Appellant’s claims were barred by the applicable statute of limitations.
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4345 The State, Respondent v. Gary Bennett, Petitioner. Chief Attorney Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General William Edgar Salter, III, all of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent. The Court granted certiorari to consider an unpublished Court of Appeals’ decision applying Rule 609 (a)(1), SCRE.
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Cases to be Submitted Without Oral Argument | |
James Custodio, Petitioner v. State of South Carolina, Respondent. |
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John D. Elliott, 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 Robert L. Brown, all of Columbia, for Respondent. |
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Daniel V. Staggs, Petitioner v. State of South Carolina, Respondent. |
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Frank L. Eppes, of Greenville, 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 Karen C. Ratigan, all of Columbia, for Respondent. |
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Erasmus Edwards, 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 Salley W. Elliott and Assistant Attorney General Robert L. Brown, all of Columbia, for Petitioner. Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. |
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Ephrain Reliford, Jr., Petitioner v. Mitsubishi Motors Credit of America, Inc., Respondent. |
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Ephrain Reliford, Jr., of Kershaw, pro se Petitioner. Andrew F. Lindemann, of Davidson Morrison & Lindemann, of Columbia, for Respondent. |