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April 2007 |
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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, April 3, 2007 | |
09:30 a.m. | |
4370 John David Lee and Kathleen Newman Lee, Respondents v. Robert Allen Bunch, Petitioner. Donnell G. Jennings and R. Hawthorne Barrett, both of Turner, Padget, Graham & Laney, P.A., of Columbia, for Petitioner. Stephen B. Samuels and Joseph R. Dasta, both of McWhirter, Bellinger & Associates, of Lexington, for Respondents. The Court granted certiorari to review the Court of Appeals’ decision in Lee v. Bunch, Op. No. 2004-UP-550 (S.C. Ct. App. filed October 27, 2004). This case arises out of an automobile accident and involves cross-appeals regarding the admission of plaintiff’s blood-alcohol level and wife’s loss of consortium claim.
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10:00 a.m. | |
4339 THIS CASE HAS BEEN SETTLED. ORAL ARGUMENT CANCELLED. Ray Blanton, Individually, and as Personal Representative of the Estate of Clyde Blanton, Respondent v. Prutimber Fund Two Limited Partnership, Jointly and Severally, and Canal Industries, Inc., f/k/a Canal Wood Corporation, Appellants. Susan P. MacDonald, of Nelson Mullins Riley & Scarborough, of Myrtle Beach, for Appellant Canal Industries, Inc. Andrew C. English and Michael W. Tighe, both of Callison Tighe & Robinson, LLP, of Columbia, for Appellant Prutimber Fund Two Limited Partnership. Lynette Rogers Hedgepath, of Conway, for Respondent. The Master-In-Equity ruled Respondent was the owner of certain real property in Horry County and awarded monetary damages to Respondent. Appellants argue the Master-In-Equity erred in: (1) failing to apply the “Forty-Year Lapse Statute,” S.C. Code Ann. § 15-3-380; (2) applying the law of boundaries; (3) failing to apply the statute of limitations when awarding damages; and (4) awarding treble damages to Respondent pursuant to S.C. Code Ann. § 16-11-615.
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4340 In the Matter of Eduardo Curry, Respondent. Disciplinary Counsel Henry B. Richardson, Jr., and Senior Assistant Disciplinary Counsel Barbara M. Seymour, both of Columbia, for the Office of Disciplinary Counsel. Coming B. Gibbs, Jr., of Gibbs & Holmes, of Charleston, for Respondent. This is an attorney discipline matter.
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Wednesday, April 4, 2007 | |
09:30 a.m. | |
4371 Chandler B. Plyler f/k/a Mary C. Burns, Appellant v. Michael J. Burns, Laura Burns, Selective Insurance Company of America, South Carolina Retirement Systems, Horry County Probate Court, BB&T Corporation, Ted H. Watts, individually and on behalf of The National Bank of South Carolina, Debbie Ann Dellavecchia, Individually and on behalf of John Doe Mortgage Company, Tracy Leavens, Colony Bank SouthEast-Broxton, The Conway National Bank, First Citizens Bank of South Carolina, SunTrust Banks, Inc, Allen Bailey and Bailey, Patterson, Caddell, Hart & Bailey P. A., Defendants, of whom Horry County Probate Court is the Respondent. Russell S. Stemke, of Island Law Offices, of Isle of Palms, for Appellant. Emma Ruth Brittain and Matthew R. Magee, both of Thompson & Henry, of Myrtle Beach, for Respondent. Plyler initiated suit against Burns and several other defendants, including the Horry County Probate Court concerning the administration of a conservatorship. The trial court granted Horry County Probate Court’s motion to dismiss, finding that Plyler’s causes of action were barred by the common law doctrine of judicial immunity and also by several exemptions to the waiver of sovereign immunity within the South Carolina Tort Claims Act. Plyler appeals the trial court’s decision.
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4372 The State, Respondent v. Steve Gillian, 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 Melody J. Brown, of Office of the Attorney General, and Solicitor Warren Blair Giese, all of Columbia, for Respondent. This criminal case involves the issues of whether the Court of Appeals erred by upholding (1) the trial court’s decision to admit evidence of two prior burglaries committed by petitioner, and (2) the trial court’s decision not to admit evidence of a police ruse designed to coerce petitioner into confessing.
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10:30 a.m. | |
4373 Elephant, Inc., Appellant v. South Carolina Department of Revenue, Respondent. Randall Scott Hiller, of Greenville, for Appellant. Harry Hancock, of Columbia, for Respondent. The issue on appeal is whether Elephant, Inc., the owner of a Greenville bar, may be administratively punished for transferring alcohol to an under-aged confidential informant (CI), thereby violating S.C. Code Ann. Reg. § 7-200.4.
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Thursday, April 5, 2007 | |
09:30 a.m. | |
4374 RWE NUKEM Corporation, f/k/a WasteChem Corporation, Respondent v. ENSR Corporation, Appellant. Jeffrey S. Patterson, Karl S. Bowers, Jr., and A. Mattison Bogan, all of Nelson Mullins Riley & Scarborough, of Columbia, for Appellant. Robert E. Stepp, Amy L. B. Hill and Roland M. Franklin, Jr., all of Sowell, Gray, Stepp & Laffitte, L.L.C., of Columbia, for Respondent. Appellant argues the trial court erred in granting summary judgment in favor of Respondent on the statute of limitations, laches, and the statute of frauds.
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10:00 a.m. | |
4375 James W. Smiley, Petitioner v. South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management and Wild Dunes Community Association, Respondents. (This case has been combined with Joe Mueller, et al. v. South Carolina Department of Health and Environmental Control, et al. for argument.) James S. Chandler, Jr., and Amy E. Armstrong, both of South Carolina Environmental Law Project, of Pawleys Island, for Petitioner. Kenneth C. Krawcheck, of Krawcheck & Davidson, of Charleston, for Respondent Wild Dunes Community Association. Carlisle Roberts, Jr., of Columbia, and Evander Whitehead, of Charleston, for Respondent South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management. The Court granted certiorari to review the Court of Appeals’ decision in Smiley v. S.C. Dept. of Health and Envtl. Control, et al., No. 2005-UP-160 (S.C. Ct. App. filed March 7, 2005). This case involves plaintiff’s standing to contest a permit authorizing the excavation of sand from an intertidal beach.
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4380 Joe Mueller, Carl DiPace, John Maize, Jan Maize and Joseph Calandra, Appellants v. South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management and Park West Development, LLC, Respondents. (This case has been combined with James W. Smiley v. South Carolina Department of Health and Environmental Control, et al. for argument.) James S. Chandler, Jr., and Amy E. Armstrong, both of South Carolina Environmental Law Project, of Pawleys Island, for Appellants. Ellison D. Smith, IV, of Smith, Bundy, Bybee & Barnett, of Mt. Pleasant, and James B. Richardson, Jr., of Columbia, for Respondent Park West Development, LLC. Carlisle Roberts, Jr., of Columbia, and Evander Whitehead, of Charleston, for Respondent South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management. In this case, appellants appeal the lower court’s ruling that they lacked standing to challenge the issuance of dock permits.
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Tuesday, April 17, 2007 | |
09:30 a.m. | |
4376 Suzannah Force Long, Respondent v. James Neel Long, Petitioner. Joseph M. Ramseur, Jr., and Reid T. Sherard, of Nelson Mullins Riley & Scarborough, of Greenville, for Petitioner. Robert M. Rosenfeld, of Porter & Rosenfeld, of Greenville, for Respondent. This appeal involves a request to terminate or modify an alimony obligation. The court of appeals held that the trial court did not abuse its discretion in denying the petitioner’s request to terminate or modify his alimony obligation, and this Court granted the petitioner’s request for a writ of certiorari.
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10:00 a.m. | |
4377 The State, Respondent v. Dushun Staten, 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 S. Creighton Waters, all of Office of the Attorney General, of Columbia, and Solicitor Warren Blair Giese, of Columbia, for Respondent. This murder case is before the Court on a writ of certiorari to the Court of Appeals to review evidentiary rulings and the refusal to give a requested charge on mere association.
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10:30 a.m. | |
4338 Eddie Christopher Davis, Respondent v. The School District of Greenville County, Appellant. C. Wade Cleveland, of Greenville, for Appellant. Matthew J. Kappel, of Greenville, for Respondent. This is a school discipline case where the School District argues, inter alia, that the circuit court lacked the jurisdiction to reverse the school board’s decision to transfer the student.
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Wednesday, April 18, 2007 | |
09:30 a.m. | |
4378 Robert D. Lever d/b/a Leverage Builders, Inc., Respondent v. Lighting Galleries, Inc., d/b/a Augusta Lighting and Design Center, Appellant. Weston Adams, III, and Paul M. Koch, both of McAngus Goudelock & Courie, LLC, of Columbia, for Appellant. Marvin B. Poston, of Powell & Poston, of Aiken, and F. Craig Wilkerson, Jr., of Rock Hill, for Respondent. This is an appeal from an order of the Master in Equity holding that the mortgage of Appellant should be marked satisfied, notwithstanding Appellant had received a judgment on a note received from Respondent, which judgment had not been paid.
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10:00 a.m. | |
4379 Forest Lawn Company, Appellant v. City of Goose Creek, Respondent. Jay J. Hulst, of Williams & Hulst, of Moncks Corner, for Appellant. John Page Seibels, Jr., of The Seibels Law Firm, of Charleston, for Respondent. Appellant argues the trial court erred in granting summary judgment in favor of Respondent based on a finding that the judgment in the underlying foreclosure action was not void, Respondent was a bona fide purchaser, and Appellant’s claim was barred by laches and waiver.
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10:30 a.m. | |
4381 The State, Respondent v. Tony T-juan Sweet, Appellant. Deputy Chief Attorney for Capital Appeals Robert M. Dudek, 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, Senior Assistant Attorney General Norman Mark Rapoport, all of Office of the Attorney General, of Columbia, and Solicitor Robert M. Ariail, of Greenville, for Respondent. In this case, the appellant raises the issues of 1) whether the trial court erred in admitting evidence of drugs with an allegedly defective chain of custody, and 2) whether the trial court should have declared a mistrial because the judge commented on facts of the case in the presence of the jury.
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Cases to be Submitted Without Oral Argument | |
Rashaun Thomas, Petitioner v. State of South Carolina, Respondent. |
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Appellate Defender Robert M. Pachak, 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 Salley W. Elliott and Assistant Attorney General Robert Brown, all of Office of the Attorney General, of Columbia, for Respondent. |
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Calvin M. Williams, Petitioner v. The State, Respondent. |
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George P. Callison, Jr., of Callison Dorn Thomason & Knott, of Greenwood, for 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 Respondent. |