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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.
Tuesday, February 5, 2008
 09:30 a.m.
4503   Englert, Inc., Respondent, v. LeafGuard USA, Inc., Petitioner.

John W. Fletcher, of Barnwell Whaley Patterson & Helms, of Charleston, for Petitioner. Mark McAdams and Amanda A. Bailey, both of McNair Law Firm, of Myrtle Beach, for Respondent.

This case is on writ of certiorari to the Court of Appeals. The issue is whether Englert was properly granted summary judgment on the issue of entitlement to possession of a Leaf Guard Gutter manufacturing machine.

 10:00 a.m.
4504   Brenco, a General Partnership, Respondent, v. South Carolina Department of Transportation, Petitioner.

John B. McCutcheon, Jr., Mary Ruth M. Baxter and Arrigo P. Carotti, all of McCutcheon McCutcheon & Baxter, of Conway, for Petitioner. Howell V. Bellamy, Jr., and Douglas M. Zayicek, both of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, of Myrtle Beach, for Respondent.

The court granted certiorari to review the Court of Appeals’ decision in Brenco v. S.C. Dept. of Transp., 363 S.C. 136, 609 S.E.2d 531 (Ct. App. 2005). The issue on appeal is whether the master-in-equity abuse his discretion in refusing to grant respondent’s motion to reopen the case for additional testimony as to damages on respondent’s inverse condemnation claim.

 10:30 a.m.
4505   Thomas Francis O'Brien, Jr., Petitioner, v. South Carolina ORBIT (a/k/a the South Carolina Other Retirement Benefits Investment Trust); Joleen Deames, Steffanie C. Dorn, Belinda Harper, Charlie Potts, Phillp Robey, David Vehaun, and David N. Williams, in their capacities as individual trustees; the City of Charleston; and the Municipal Association of South Carolina, Respondents.

Nancy Bloodgood, Stephen L. Brown and Russell G. Hines, all of Young Clement Rivers, of Charleston, for Petitioner. Belton T. Zeigler, of Pope Zeigler, of Columbia, and R. David Proffitt, of Haynsworth Sinkler Boyd, of Columbia, for Respondents.

In this declaratory judgment action brought in this Court’s original jurisdiction, O’Brien asks the Court to declare unconstitutional the City of Charleston’s contribution of funds intended for employee post-retirement benefits to a trust that invests in equity securities.

Wednesday, February 6, 2008
 09:00 a.m.
4506   Luther Alexander, Petitioner, v. Forklifts Unlimited, Employer and Zurich American Insurance Company, Carrier, Respondents.

Steven D. Haymond, of Harris & Graves, of Columbia, for Petitioner. Stephen L. Brown, Russell G. Hines and Robert P. Gruber, all of Young Clement Rivers, of Charleston, for Respondents.

This Court granted the employee’s petition for certiorari to review the Court of Appeals’ decision in Alexander v. Forklifts Unlimited, 365 S.C. 509, 619 S.E.2d 307 (Ct. App. 2005), in which the Court of Appeals reversed the circuit court’s award of workers’ compensation benefits and held the employee’s injury was not compensable.

 10:00 a.m.
4508   Carolyn Bair Austin, Individually and as Personal Representative of the Estate of Robert Jacob Bair, deceased, Appellant, v. Beaufort County Sheriff's Office, Respondent.

M. Adam Gess, of McDaniel & Gess, of Beaufort, Mark W. Hardee, of Columbia, and Robert E. Austin, Jr., of Leesburg, FL, for Appellant. Marshall H. Waldron, Jr., of Carolina Litigation Associates, of Bluffton, for Respondent.

In this tort action, appellant argues the trial court erred by finding there cannot be a claim of spoliation of evidence and granting summary judgment in respondent’s favor.

Thursday, February 7, 2008
 09:30 a.m.
4509   MRI at Belfair, LLC, Appellant, v. South Carolina Department of Health and Environmental Control and Coastal Carolina Medical Center, Respondents.

M. Elizabeth Crum, A. Victor Rawl, Jr., and Ariail B. Kirk, all of McNair Law Firm, of Columbia, for Appellant. Nancy S. Layman and Ashley C. Biggers, both of South Carolina Department of Health and Environmental Control, of Columbia, for Respondent South Carolina Department of Health and Environmental Control. Stuart M. Andrews, Jr., Travis Dayhuff and Jennifer I. Cooke, all of Nelson Mullins Riley & Scarborough, of Columbia, for Respondent Coastal Carolina Medical Center.

Appellant seeks reversal of the Administrative Law Court’s decision to uphold DHEC’s granting a certificate of need to Coastal Carolina Medical Center for an MRI unit.

 10:00 a.m.
4510   Auto-Owners Insurance Company, Huckaby and Associates and Wright Auto Sales, Respondents, v. Lance Rollison, Appellant.

Mark Reagan Calhoun, of Lexington and James B. Richardson, Jr., of Richardson & Birdsong, of Columbia, for Appellant. John T. Lay, Jr., and A. Johnston Cox, both of Ellis Lawhorne & Sims, of Columbia, and Henry H. Taylor, of West Columbia, for Respondents.

In this declaratory judgment action, Appellant appeals the circuit court’s order finding that Appellant was not a guest for purposes of Respondents’ uninsured motorist coverage.

 10:30 a.m.
4511   Inlet Harbour, a South Carolina General Partnership, Respondent, v. The South Carolina Department of Parks Recreation and Tourism, Appellant, v. Inlet Harbour Property Owners Association, Inc., Respondent.

Mark Andrew Nappier, of Jeffcoat, Pike & Nappier, of Myrtle Beach, Ezizze Davis Foxworth, of Loris and James B. Richardson, Jr., of Richardson & Birdsong, of Columbia, for Appellant. Dominic A. Starr, of Nelson Mullins Riley & Scarborough, of Myrtle Beach, for Respondent.

In this case, the parties contest the scope of an easement implied from a deed which references a platted subdivision. The trial court held that the easement over the street shown in the plat allowed the Department of Parks Recreation & Tourism (the property owner) to use the street only for a limited purpose. The Department appealed.

Wednesday, February 20, 2008
 09:30 a.m.
4513   The State, Respondent, v. Henry Fletcher, Petitioner.

Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Attorney General Norman Mark Rapoport, all of Office of the Attorney General, and Solicitor Warren Blair Giese, all of Columbia, for Respondent.

This case is on a writ of certiorari to the Court of Appeals. At issue is whether evidence of the defendant’s prior bad acts was properly admitted at trial and whether admission of such evidence was harmless error.

 10:00 a.m.
4512   Time Warner Cable Information Services (South Carolina), LLC, Appellant, v. Public Service Commission of South Carolina, Farmers Telephone Cooperative, Inc., Fort Mill Telephone Co., Inc., Home Telephone Co., Inc., PBT Telecom, Inc., St. Stephen Telephone Co., South Carolina Telephone Coalition, and Office of Regulatory Staff, Defendants, of whom Farmers Telephone Cooperative, Inc., Fort Mill Telephone Co., Inc., Home Telephone Co., Inc., PBT Telecom, Inc., St. Stephen Telephone Co., South Carolina Telephone Coalition, and Office of Regulatory Staff are Respondents.

Frank R. Ellerbe, III, and Bonnie D. Shealy, both of Robinson, McFadden & Moore, of Columbia, for Appellant. M. John Bowen, Jr., Margaret M. Fox, Sue-Ann Gerald Shannon and Robert T. Bockman, all of McNair Law Firm, of Columbia, for Respondents Farmers Telephone Cooperative, Inc., et al. Florence P. Belser and Nanette S. Edwards, both of Office of Regulatory Staff, of Columbia, for Respondent Office of Regulatory Staff.

A cable provider appeals the denial of an expansion of its certicate as an LEC.

 10:30 a.m.
4514   The State, Respondent, v. Christopher W. Ashe, Appellant.

Robert T. Williams, Sr., of Williams, Hendrix, Steigner & Brink, of Lexington, for Appellant. 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, Assistant Attorney General Michelle J. Parsons, all of Office of the Attorney General, of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent.

In this direct appeal, appellant argues that the trial court erred in refusing to suppress evidence obtained from an automobile search, and in failing to direct a verdict on a possession of crank charge.

Thursday, February 21, 2008
 09:30 a.m.
4515   The State, Respondent, v. Leroy McGrier, Appellant.

Appellate Defender LaNelle C. DuRant, of South Carolina Commission on Indigent Defense, of Columbia, and E. Charles Grose, Jr., of Greenwood, for Appellant. Assistant Chief Legal Counsel John Benjamin Aplin, of South Carolina Department of Probation, Parole and Pardon Services, of Columbia, for Respondent.

Appellant argues the circuit court erred in revoking him from the Community Supervision Program on the ground the underlying statute, section 24-21-560(D) of the South Carolina Code, is unconstitutional.

 10:00 a.m.
4516   Marty K. Cole and Tracy S. Cole, as co-administrators of the Estate of Kyle Austin Cole, and Tracy S. and Marty K. Cole, individually, Respondents, v. Pratibha P. Raut, M.D., and Dr. Raut & Associates, P.A., Petitioners.

Robert H. Hood, Robert H. Hood, Jr., and Deborah Harrison Sheffield, of Counsel, all of Hood Law Firm, of Charleston, for Petitioners. Charles L. Henshaw, Jr., of Furr, Henshaw & Ohanesian, of Columbia, for Respondent.

This is an appeal from the court of appeals' reversal of a general verdict in favor of Petitioner doctor in a medical malpractice case. Petitioner argues that the court of appeals erred in failing to apply the two-issue rule on appeal to affirm the general verdict.

 10:30 a.m.
4517   American Credit of Sumter, Inc., Appellant, v. Nationwide Mutual Insurance Company, Respondent.

Thomas E. Player, Jr., of Player & McMillan, of Sumter, for Appellant. William B. Woods, of Woods & Givens, of Lexington, for Respondent.

This case involves the issue of whether the failure of the insured to utilize the liability insurance proceeds to repair a damaged vehicle is a conversion of the vehicle within the meaning of the loss payable clause of the policy.

 

Cases to be Submitted Without Oral Argument

American General Financial Services, Inc., f/k/a American General Finance, Inc., Appellant, v. Kimberly Dawn Brown f/k/a Kimberly Dawn Tate, Respondent.

W. Reid Cox, Jr., of Cox & Ferguson, of Laurens, for Appellant. Kimberly Dawn Tate, of Spartanburg, pro se Respondent.

Terrence Haggins, Respondent, v. State of South Carolina, Petitioner.

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 Office of the Attorney General, of Columbia, for Petitioner. Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

William Broach, Petitioner, v. State of South Carolina, Respondent.

Tricia A. Blanchette and Tommy Arthur Thomas, both of Irmo, 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 Brian T. Petrano, all of Office of the Attorney General, of Columbia, for Respondent.

Clarence D. Speaks Jr., Respondent, v. State of South Carolina, 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 Office of the Attorney General, of Columbia, for Petitioner. Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

Jack L. Northrop, Respondent, v. State of South Carolina, Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Salley W. Elliott, all of Office of the Attorney General, of Columbia, for Petitioner. Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.