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April 2011 |
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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 5, 2011 | |
09:30 a.m. | |
5085 Eileen Frances Theresa Busto Theisen, Appellant, v. Clifford Richard Theisen, Respondent. Robert M. Rosenfeld, of Porter & Rosenfeld, of Greenville, for Appellant. Joseph M. Ramseur, Jr., of Greenville and Steven E. Buckingham, of Gallivan, White & Boyd, P.A., of Greenville, for Respondent. In this appeal from the family court, the Court is asked to consider whether physical separation is a pre-requisite for a party to receive separate maintenance and support.
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10:00 a.m. | |
5086 Carolyn Cole and Windy Price, Appellants, v. Town of Atlantic Beach Election Commission, Respondent. Josephine Isom and Charlene Taylor, Intervenors. Charles B. Jordan, Jr., of Thompson & Henry, P.A., of Myrtle Beach, for Appellants. John C. Zilinsky, of Zilinsky & Gordon, LLC, of Conway, Charles L.A. Terreni, of Columbia and Malinda McAleer Pennington, of Greenville, for Respondent. John M. Leiter and Lee Ann W. Rice, both of Myrtle Beach, for Intervenors. Ms. Patricia Bellamy, of Atlantic Beach, Amicus Curiae. This case involves an election dispute in the Town of Atlantic Beach. The Court will determine whether the circuit court erred in affirming the Town of Atlantic Beach Municipal Election Commission’s order de-certifying the results of a town council election and ordering a new election.
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10:30 a.m. | |
5087 The State, Respondent, v. Thomas Edward Jennings, Appellant. Blake A. Hewitt and John S. Nichols, of Bluestein, Nichols, Thompson and Delgado, 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., all of Office of the Attorney General, of Columbia and Solicitor W. Walter Wilkins, of Greenville, for Respondent. Appellant appeals his lewd act with a minor conviction, arguing the trial court erred in allowing the State to introduce the written reports of the forensic interviewer and to introduce video of the interviews before the victims had testified.
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Wednesday, April 6, 2011 | |
09:30 a.m. | |
5088 Robert Pikaart, Respondent, v. A & A Taxi, Inc. and South Carolina Uninsured Employers' Fund, Appellants. Brown W. Johnson, of Clarke Johnson Peterson & McLean, P.A., and Samuel Thompson Brunson, both of Florence, for Appellants. Charles Vance Leonard, of Harris & Leonard, P.A., of Myrtle Beach, for Respondent. A & A Taxi, Inc. and the South Carolina Workers’ Compensation Uninsured Employers Fund appeal from a circuit court order finding Robert A. Pikaart was an employee of A & A Taxi, Inc. and that he was entitled to workers’ compensation benefits. The Appellants contend Pikaart was not an employee and the Workers’ Compensation Commission therefore has no jurisdiction in this matter.
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10:00 a.m. | |
5089 Edward D. Sloan, Jr., individually and as a citizen, resident, taxpayer and registered elector of the State of South Carolina, and on behalf of all others similarly situated, Respondents, v. Friends of the Hunley, Inc. and Warren F. Lasch, its Chairman, Of Whom Friends of the Hunley, Inc. is, Appellant. Thornwell F. Sowell, Roland M. Franklin, Jr. and Bess J. DuRant, of Sowell, Gray, Stepp & Laffitte, L.L.C., of Columbia, for Appellant. James G. Carpenter, Jennifer J. Miller and L. Warren Clayton, III, of Greenville, for Respondent. This is an appeal challenging an award of attorney fees pursuant to the Freedom of Information Act.
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10:30 a.m. | |
5090 Cole Vision Corporation and Sears Roebuck & Company, Inc., Plaintiffs, Of Whom Cole Vision Corporation is the Petitioner, v. Steven C. Hobbs, O.D. and NCMIC Insurance Company, Defendants, Of Whom Steven C. Hobbs, O.D., is the Respondent. E. Raymond Moore, III, Adam J. Neil and Ashley B. Stratton, of Murphy & Grantland, of Columbia, for Petitioner. Hardwick Stuart, Jr., of Berry Quackenbush & Stuart, PA, of Columbia, for Respondent. This case deals with whether the court of appeals erred below in light of this Court’s opinion in Austin v. Beaufort County Sheriff’s Office dealing with a negligent spoliation cause of action.
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Thursday, April 7, 2011 | |
09:30 a.m. | |
5091 The State, Appellant, v. Robert Lee Nance, Respondent. 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, of Columbia, and Solicitor Barry Joe Barnette, of Spartanburg, for Appellant. Jonathan McKey Milling, of Columbia and John Dennis Delgado, of Bluestein, Nichols, Thompson & Delgado, LLC, of Columbia, for Respondent. Robert Lee Nance was convicted of, among other charges, murder and was sentenced to death at his first trial. This Court granted his request for post-conviction relief due to ineffective assistance of counsel and ordered a new trial. At the retrial, Nance moved to suppress the testimony of the victim, who testified at the first trial and has since deceased, arguing because he did not receive effective assistance of counsel during the first trial he did not have the opportunity to cross examine the victim. The trial court granted the motion to suppress, and the State appeals that order.
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10:00 a.m. | |
5092 Glenda Barron, Petitioner, v. Labor Finders of South Carolina, Respondent. A. Christopher Potts, of Hitchcock & Potts, of Charleston, for Petitioner. Paul Martin Platte, of Rogers, Townsend & Thomas, P. C., of Columbia, for Respondent. Petitioner appeals the Court of Appeals’ decision in Barron v. Labor Finders of S.C., 384 S.C. 21, 682 S.E.2d 271 (Ct. App. 2009).
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10:30 a.m. | |
5093 In the Matter of Michael Hensley Wells, Respondent. Disciplinary Counsel Lesley M. Coggiola and Deputy Disciplinary Counsel Barbara M. Seymour, both of Columbia, for the Office of Disciplinary Counsel. Kevin Mitchell Barth, of Ballenger, Barth & Hoefer, LLP, of Florence, for Respondent. This is an attorney disciplinary matter.
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Tuesday, April 19, 2011 | |
09:30 a.m. | |
5094 The State, Respondent, v. Jamey Allen Reid, Petitioner. 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 Attorney General Deborah R. J. Shupe and Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, and Solicitor Christina Theos Adams, of Anderson, for Respondent. In this case, the Court considers the court of appeals’ decision to uphold the denial of a directed verdict by the trial court.
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10:00 a.m. | |
5095 Iraj Mazloom, Respondent, v. Manoochehr Mazloom, Albolfazl Mazloom and AMA, LLC, Petitioners. Deborah Harrison Sheffield and Paul L. Reeves, both of Columbia, for Petitioners. Tobias G. Ward, Jr. and J. Derrick Jackson, both of Todd Holloway & Ward PC, of Columbia, for Respondent. Manoochehr and Abolfazl Mazloom appeal the decision of the Court of Appeals in Mazloom v. Mazloom, 382 S.C. 307, 675 S.E.2d 746 (Ct. App. 2009) affirming the finding of the master in equity that they breached their fiduciary duties to Iraj Mazloom and are liable for punitive damages.
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10:30 a.m. | |
5096 In the Matter of James Gerald Longtin, Respondent. Disciplinary Counsel Lesley M. Coggiola and Senior Assistant Disciplinary Counsel C. Tex Davis, Jr., both of Columbia, for the Office of Disciplinary Counsel. Jeffrey Miles Butler, of Woodard & Butler, of Walterboro, for Respondent. This is an attorney disciplinary matter.
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Wednesday, April 20, 2011 | |
09:30 a.m. | |
5097 Rockville Haven, LLC and Marc H. Merrill, Appellants, v. The Town of Rockville and the Town of Rockville Design Review Board, Respondents. John H. Tiller, J. W. Matthews III and Denny P. Major, all of Haynsworth Sinkler Boyd, P.A., of Greenville, for Appellants. G. Dana Sinkler, of Warren & Sinkler, of Charleston and Ross A. Appel, of Charleston, for Respondents. This is an appeal from a circuit court order upholding respondent Design Review Board’s decision denying appellants permission to construct a dock.
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10:00 a.m. | |
5098 Martha Lewin Argoe, Appellant, v. Three Rivers Behaviorial Health, LLC, Psychiatric Solutions, Inc., Phyllis Bryant-Mobley, MD, Glenn Hooker, MD, Aiken Regional Medical Center, Aurora Pavilion, David Steiner, MD, Cheryl C. Dodds, MD, Doris Ann Burrell, RN, Carolina Care Plan, James F. Walsh, Jr., G. Lewis Argoe, Jr. and George L. Argoe, III, Defendants, Of whom Psychiatric Solutions, Inc. is the Respondent. Charles M. Black, Jr. and Mitchell C. Payne, of Warner, Payne & Black, LLP, of Columbia, for Appellant. Weston Adams, III, Trippett Boineau, III and Helen F. Hiser, of McAngus Goudelock & Courie, LLC, of Columbia, for Respondent. Appellant appeals the circuit court’s order granting summary judgment in favor of Respondent as to Appellant’s causes of action for false imprisonment, defamation, and intentional infliction of emotional distress.
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10:30 a.m. | |
5099 Hilton Head Automotive, LLC, Appellant, v. South Carolina Department of Transportation, Respondent. Richard D. Bybee and M. Brent McDonald, of Smith, Bundy, Bybee & Barnett, of Mt. Pleasant, for Appellant. Marshall H. Waldron, Jr. and Matthew D. Cavender, of Griffith, Sadler & Sharp, PA, of Beaufort, for Respondent. Appellant, Hilton Head Automotive, LLC, appeals the circuit court’s decision granting summary judgment in favor of the South Carolina Department of Transportation on Appellant’s inverse condemnation, due process, equal protection, and civil conspiracy claims.
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Cases to be Submitted Without Oral Argument | |
Joey Johnson, Petitioner, v. State of South Carolina, Respondent. |
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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 A. West Lee, of Office of the Attorney General, of Columbia, for Respondent. |