![]() |
February 2012 |
NEXT
![]() |
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 7, 2012 | |
09:30 a.m. | |
5215 Andrew P. (Andy) Ballard, Respondent, v. Tim Roberson, Rick Thoennes, Rick Thoennes, III and Warpath Development, Inc., Appellants. Joshua L. Howard, of Haynsworth Sinkler Boyd, P.A., of Greenville, for Appellants. Wallace K. Lightsey and Hannah Rogers Metcalf, of Wyche Burgess Freeman & Parham, PA, of Greenville, for Respondent. Tim Roberson, Rick Thoennes, Rick Thoennes III, and Warpath Development, Inc. appeal the circuit court's order requiring them to purchase Andrew Ballard’s Warpath shares at fair market value after finding they had acted in a manner that was illegal, oppressive, or unfairly prejudicial to him under South Carolina Code Section 33-14-300(2)(ii), and also requiring them to place sixty shares of Warpath stock in escrow pursuant to South Carolina Code Section 33-6-210.
|
|
10:00 a.m. | |
5216 The State, Respondent, v. Joey Ellis, Appellant. Appellate Defender Breen Stevens, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. John Benjamin Aplin, of South Carolina Department of Probation Parole and Pardon Services, of Columbia, for Respondent. Joey Ellis (Appellant) appeals the circuit court order revoking and terminating his probation. Petitioner argues that the circuit court lacked subject matter jurisdiction because the probation violation warrant was not issued during the term of his probation.
|
|
10:30 a.m. | |
5217 Arrow Bonding Company, Respondent, v. Jay Edward Warren, Appellant. Tara Dawn Shurling, of Columbia, for Appellant. G. Murrell Smith, Jr., of Lee, Erter, Wilson, James, Holler & Smith, LLC, of Sumter, for Respondent. This is an appeal from an order refusing to set aside a judicial sale.
|
|
Wednesday, February 8, 2012 | |
09:00 a.m. | |
5218 Thomas W. Gladden and Vera H. Gladden, Appellants, v. Olivia M. Boykin, Elizabeth Beard, Deborah Appleton, Bob Capes Realty, Inc., Russell & Jeffcoat Realtors, Inc. and Palmetto Home Inspection Services, LLC, Defendants, Of Whom Palmetto Home Inspections Services, LLC is the, Respondent. B. Michael Brackett, of Moses, Koon and Brackett, of Columbia, for Appellants. Joseph Scott McCue and Logan M. Wells, of Collins & Lacy, of Columbia, for Respondent. The buyers of real estate brought this action against a home inspection company for breach of contract, alleging the inspector improperly performed the inspection when he failed to discover and to report water damage, mold and mildew, and other deficiencies existing in the home that adversely affected the home's value and/or habitability. The parties filed cross motions for summary judgment. The circuit court granted summary judgment to the company on the basis a limitation of liability provision in the parties' contract limited the company's liability to the return of the inspection fee. The buyers appeal, arguing the limitation clause is unenforceable because it is unconscionable and against public policy.
|
|
09:30 a.m. | |
5219 Wayne Argabright, Respondent, v. Lisa Argabright, Appellant. Richard T. Jones, of Jones, Seth, Shuler & Killen, LLP, of Sumter, for Appellant. T.H. Davis, of Atkinson & Davis, of Sumter, and Blake Alexander Hewitt and John S. Nichols, of Bluestein, Nichols, Thompson and Delgado, LLC, of Columbia, for Respondent. This is an appeal from the family court's order imposing a restraining order that prohibits contact between a minor child and a convicted sex offender.
|
|
10:00 a.m. | |
5220 South Carolina Department of Revenue, Respondent, v. Blue Moon of Newberry, Inc., d/b/a Blue Moon Sports Bar, Petitioner. Richard J. Breibart, of Lexington, for Petitioner. Harry A. Hancock, of Columbia, for Respondent. The Court granted certiorari to review the opinion of the court of appeals revoking Blue Moon of Newberry’s liquor license. Blue Moon contends the court of appeals (1) erroneously narrowed the definition of “bona fide guest” under Section 7-401.1(K) of the South Carolina Code of Regulations and (2) denied it due process by revoking its license in the absence of admissible evidence showing alcohol was consumed by someone who is not a member or a bona fide guest.
|
|
Thursday, February 9, 2012 | |
09:30 a.m. | |
5221 Connie Carson as Personal Representative of the Estate of Beryl Harvey, Appellant, v. CSX Transportation, Inc., Respondent. John E. Parker, R. Alexander Murdaugh, William F. Barnes, III, and Matthew V. Creech, of Peters, Murdaugh, Parker, Eltzroth & Detrick, PA, of Hampton, and J. Christopher Wilson, of Wilson, Luginbill & Kirkland, of Bamberg, for Appellant. John C. Millberg, of Millberg Gordon Stewart, of Raleigh, North Carolina, Elizabeth A. McLeod and Mark C. Wilby, of Fulcher Hagler, of Augusta, Georgia and Jonathan P. Harmon, of McGuire Woods, of Richmond, Virginia, for Respondent. In this wrongful death and survival action involving a train collision, Appellant argues the circuit court erroneously excluded certain evidence, erroneously charged the jury, and erroneously allowed an inconsistent verdict in the survival action.
|
|
10:00 a.m. | |
5222 Yelsen Land Company, Inc., Appellant, v. The State of South Carolina and the State Ports Authority, Respondents. Alice Richter Lehrman, of Mount Pleasant, and Donald Bruce Clark, of Charleston, for Appellant. Attorney General Alan Wilson and Assistant Deputy Attorney General J. Emory Smith, Jr., of Office of the Attorney General, of Columbia, for Respondents. This is an appeal from an order granting respondents summary judgment.
|
|
10:30 a.m. | |
5223 In the Matter of Kenneth Gary Cooper, Respondent. Disciplinary Counsel Lesley M. Coggiola and Senior Assistant Disciplinary Counsel C. Tex Davis, Jr., of Columbia, for the Office of Disciplinary Counsel. Kenneth Gary Cooper, of Summerville, pro se Respondent. This is an attorney disciplinary case.
|
|
Wednesday, February 22, 2012 | |
09:30 a.m. | |
5224 ORAL ARGUMENT CANCELLED - Christopher M. Stogner, Petitioner, v. State of South Carolina, Respondent. Appellate Defender Kathrine H. Hudgins, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Kaelon E. May, of Office of the Attorney General, of Columbia, for Respondent.
|
|
09:30 a.m. | |
5251 The State, Respondent, v. Kathy Salley, Appellant. Chief Appellate Defender Robert M. Dudek, of the South Carolina Commission on Indigent Defense, of Columbia, and Allen Mattison Bogan,of Nelson Mullins Riley & Scarborough, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Senior Assistant Attorney General Harold M. Coombs, Jr., all of Columbia, for Respondent. In this case, the Court will decide whether the admission of certain evidence was proper in a homicide by child abuse case.
|
|
10:00 a.m. | |
5225 Ryan Adams (Deceased), Shawna Adams, Christine and Lee Adams, Claimants, of whom Christine and Lee Adams are, Appellants, and Shawna Adams is, Respondent, v.
South Carolina Lightning Protection, Inc., Employer, and Travelers Ins. Co., Carrier, Respondents.
William Harold Nixon, Jr., of Charleston, for Appellant. William B. Jung, of Mt. Pleasant and Katie L. Veatch, of Wilson, Jones, Carter & Baxley of Mt. Pleasant, for Respondents. This is an appeal from an order of the Workers’ Compensation Commission awarding benefits to Shawna Adams, the widow of Ryan Adams. Christine and Lee Adams, Ryan’s parents, argue the Commission erred in finding Shawna was living apart from Ryan for justifiable cause and therefore entitled to these benefits.
|
|
10:30 a.m. | |
5226 Robert W. Oskin, Glenn Small, and Freddie Kanos, Appellants, v. Stephen Mark Johnson, Michael Brown, Joan Conner Brown and J. Conner, LLC, Respondents, and State of South Carolina, ex rel. Alan Wilson, Attorney General is, Intervening Party. Mark Andrew Brunty, of Myrtle Beach, and Michael J. Anzelmo, of Nelson Mullins Riley & Scarborough, of Columbia, for Appellants. Danny Villacarlos Butler and Henrietta Golding, of McNair Law Firm, of Myrtle Beach, and C. Scott Masel, of Newby, Sartip, Masel & Casper, LLC, of Myrtle Beach, for Respondents. Robert W. Oskin, Glenn Small, and Freddie Kanos contests the Master-in-Equity ruling that the assignment of a note and mortgage on a Myrtle Beach property did not violate the South Carolina Fraudulent Conveyance Statute, S.C. Code Ann. § 27-23-10 (2007) (also known as the Statute of Elizabeth), and that a payment made to South Carolina Bank & Trust did not result in a pay-off of the principal amount due under the note and mortgage.
|
|
Thursday, February 23, 2012 | |
09:30 a.m. | |
5227 The State, Respondent, v. Robert Whitesides, Appellant. Blake A. Hewitt and John S. Nichols, of Bluestein, Nichols, Thompson and Delgado, LLC, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh and Assistant Attorney General Ashley A. McMahan, of Office of the Attorney General, of Columbia, for Respondent. Appellant argues that conviction of possession of a firearm during the commission of a violent crime requires proof of a nexus between the possession and the underlying crime.
|
|
10:00 a.m. | |
5228 The State, Respondent, v. Benjamin P. Green, Appellant. Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, and Solicitor James Strom Thurmond, Jr., of Aiken, or Respondent. Appellant appeals his convictions for criminal solicitation of a minor and attempt to commit second-degree criminal sexual conduct with a minor. On appeal, Appellant contends the trial judge erred in: (1) denying his motion to dismiss the charge of criminal solicitation of a minor on the ground the statute is unconstitutionally overbroad and vague; (2) denying his motions to dismiss and for a directed verdict on the charge of attempt to commit second-degree criminal sexual conduct with a minor; (3) admitting certain photographs; and (4) denying his request for a jury charge on assault and battery of a high and aggravated nature.
|
|
10:30 a.m. | |
5229 The State, Respondent, v. Chris Anthony Liverman, Petitioner. Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, and Allen Mattison Bogan, of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General William Edgar Salter, III, of Office of the Attorney General, and Solicitor Daniel E. Johnson, all of Columbia, for Respondent. This Court granted a writ of certiorari to review the Court of Appeals' decision in State v. Liverman, 386 S.C. 223, 687 S.E.2d 70 (Ct. App. 2009).
|