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April 2012 |
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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, 2012 | |
09:30 a.m. | |
5247 Neeltec Enterprises, Inc., d/b/a Fireworks Supermarket, Petitioner, v. Willard Long, d/b/a Foxy's Fireworks and d/b/a Fireworks Superstore, Respondent. Robert J. Thomas and Robert P. Woods, of Rogers Townsend & Thomas, PC, of Columbia, for Petitioner. Bert G. Utsey, III, of Peters Murdaugh Parker Eltzroth & Detrick, PA, of Walterboro, for Respondent. The Court granted certiorari to consider the decision of the Court of Appeals reported at 391 S.C. 177, 705 S.E.2d 57 (Ct. App. 2011)
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10:00 a.m. | |
5248 South Carolina Farm Bureau Mutual Insurance Company, Respondent, v. Henry Kennedy, Petitioner. Blake A. Hewitt and John S. Nichols, of Bluestein, Nichols, Thompson & Delgado, LLC, of Columbia and Eric Holcombe Philpot, of Greenville, for Petitioner. Karl S. Brehmer and L. Darby Plexico, of Brown & Brehmer, of Columbia, for Respondent. We have granted a petition for a writ of certiorari to review a decision of the Court of Appeals, South Carolina Farm Bureau Mutual Insurance Co. v. Kennedy, 390 S.C. 125, 700 S.E.2d 258 (Ct. App. 2010), which reversed the trial court’s determination that Petitioner was entitled to underinsured motorist coverage (UIM) because he was “upon” and “occupying” the insured vehicle when he was struck and pinned against the insured vehicle.
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10:30 a.m. | |
5249 Dunes West Golf Club, LLC, Appellant, v. Town of Mount Pleasant, Respondent. G. Trenholm Walker and Katie F. Monoc, of Pratt-Thomas & Walker, PA, of Charleston, for Appellant. Frances I. Cantwell, of Regan & Cantwell, of Charleston and David G. Pagliarini, of Mt. Pleasant, for Respondent. In this direct appeal, the Court considers whether summary judgment in favor of the Town of Mount Pleasant was properly granted as to Dunes West’s constitutional challenges regarding the re-zoning of its property. Dunes West argues the re-zoning constituted a compensable taking, as well as substantive due process and equal protection violations.
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Wednesday, April 4, 2012 | |
09:30 a.m. | |
5250 The State, Respondent, v. William Kelly, Appellant. Appellate Defender Tristan M. Shaffer and Appellate Defender Susan B. Hackett, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Chief Deputy Attorney General Salley W. Elliott and Assistant Attorney General William M. Blitch, Jr., of Office of the Attorney General, of Columbia, and Solicitor William Benjamin Rogers, Jr., of Bennettsville, for Respondent. William Mark Kelly appeals the circuit court’s denial of his motion for a directed verdict based, arguing the State did not produce sufficient evidence that the alleged acts occurred in the county in which he was tried.
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10:00 a.m. | |
5253 Andrew Longshore, Respondent, v. South Carolina Law Enforcement Division, Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh and Senior Assistant Attorney General David Spencer, of Office of the Attorney General, of Columbia, for Appellant. John A. O'Leary, of Columbia, for Respondent. South Carolina Law Enforcement Division ("SLED") appeals the order of the circuit court, which reversed the family court's order finding that Respondent would be required to register on the South Carolina Sex Offender Registry. SLED contends the circuit court erred as: (1) it was without subject matter jurisdiction to review the family court's decision; and (2) Respondent, who was adjudicated delinquent for criminal sexual conduct with a minor in the second-degree, was not exempt from the registration requirement.
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10:30 a.m. | |
5252 Franklin Hutson, Petitioner, v. South Carolina State Ports Authority, Employer, and State Accident Fund, Carrier, Respondents. Thomas M. White, of Steinberg Law Firm, of Goose Creek, for Petitioner. Margaret M. Urbanic, of Clawson & Staubes, LLC, of Charleston, and Cynthia Burns Polk and Matthew Robertson, of Columbia, for Respondent. The Court granted certiorari to review the decision of the Court of Appeals reported at 390 S.C. 108, 700 S.E.2d 462 (Ct. App. 2010).
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Thursday, April 5, 2012 | |
09:30 a.m. | |
5254 Daniel Darby, Appellant, v. South Carolina Public Service Authority, Respondent. Thomas E. Player, Jr., of Player & McMillan, of Sumter, for Appellant. Elizabeth Warner and Ben Sadler, of Moncks Corner, for Respondent. In this action, Appellant challenges the special referee’s finding concerning the location of a boundary line.
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10:00 a.m. | |
5255 DeShields Grading, Inc., Respondent, v. Ford Trust; Maurice Andre Smith and Perry S. Luthi, Sr., as co-trustees of Ford Trust dated April 8, 2010; Maurice Andre Smith, Individually; Peggy D. Taylor, Individually;
Luthi Mortgage Co., Inc, d/b/a First Palmetto
Trust; Investments One, LLC; Reserve Woodfin HOA and Elite Concrete Construction, LLC, Defendants, of whom Luthi Mortgage Co., Inc., d/b/a First Palmetto Trust is Appellant, and Elite Concrete Construction, LLC, is Respondent. David G. Ingalls and Paul A. McKee, III, both of Spartanburg, for Appellant. John T. Crawford, Jr. and Townes B. Johnson III, of Kenison, Dudley & Crawford, of Greenville, and Nathan A. Earle, of Travelers Rest, for Respondents. In this case, the Court will decide whether a purchase money mortgage has priority over other claims when the purchase money mortgage does not involve the same parties as the other claims.
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10:30 a.m. | |
5257 ORAL ARGUMENT CANCELLED - Nancy R. Beach, Respondent, v. Gresham Communications of Walterboro, Inc., a/k/a Gresham Communications, Inc., Gresham Broadcasting, Inc. and Rudy H. Gresham, Appellants. Jackson Seth Whipper, of North Charleston, for Appellants. W. Andrew Gowder, Jr. and Daniel S. McQueeney, Jr., both of Pratt-Thomas & Walker, PA, of Charleston, for Respondent. This is an appeal from a supplemental proceedings order.
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Tuesday, April 17, 2012 | |
09:30 a.m. | |
5046 Kiawah Development Partners, II, Respondent, v. South Carolina Department of Health and Environmental Control, Appellant. South Carolina Coastal Conservation League, Appellant, v. South Carolina Department of Health and Environmental Control and Kiawah Development Partners, II, of whom South Carolina Department of Health and Environmental Control is, Appellant, and Kiawah Development Partners, II, is, Respondent. Amy E. Armstrong, of Pawleys Island, Jacquelyn S. Dickman, of Columbia, Bradley D. Churdar and Davis A. Whitfield-Cargile, both of Charleston, for Appellants. G. Trenholm Walker, of Pratt-Thomas & Walker, PA, of Charleston and Gedney M. Howe, III, of Charleston, for Respondent. C. Mitchell Brown and A. Mattison Bogan, of Nelson Mullins Riley & Scarborough, of Columbia and Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Deputy Attorney General Robert D. Cook and Assistant Attorney General Parkin Hunter, of Office of the Attorney General, of Columbia, for Amicus Curiae, Savannah River Maritime Commission. James B. Richardson, of Columbia, for Amicus Curiae South Carolina Manufacturer's Alliance. Michael Robert Hitchcock, of Columbia, for Intervenors. This case is a rehearing of an appeal from the administrative law court’s modification and grant of Kiawah Development Partners’s permit to construct a bulkhead and revetment on Captain Sam’s Spit on Kiawah Island.
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10:00 a.m. | |
5258 Law Offices of William A. Green, Plaintiff, v. Roper St. Francis Healthcare and Dominique Smalls, Defendants, Of whom Roper St. Francis Healthcare is, Respondent,and Dominique Smalls, is Appellant. Desa Ballard and Stephanie Weissenstein, of Ballard Watson Weissenstein, of West Columbia, for Appellant. Stephen L. Brown, Joseph J. Tierney, Jr., Robert B. Hawk and Russell G. Hines, of Young Clement Rivers, LLP, of Charleston, for Respondent. This is an interpleader action brought by the Law Offices of William A. Green against Appellant and Respondent. Appellant asserts the trial court erred (1) in granting Respondent’s motion for summary judgment on her cross-claim for unfair trade practices because the court made conclusions of law that were based on findings of material facts that should have been left to a jury; and (2) in denying Appellant’s motion to compel discovery responses from Respondent.
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10:30 a.m. | |
5259 Richard Freemantle, individually and on behalf of himself and all others similarly situated, Appellant, v. Joe Preston, in his official capacity and individually, while Administrator of Anderson County, Anderson County, a Political Subdivision of the State of South Carolina, Anderson County Council, the Legislative and Executive body of Anderson County, Ron Wilson, in his official capacity and individually, Bill McAbee, in his official capacity and individually, Larry Greer, in his offical capacity and individually, Michael Thompson, in his official capacity and individually and Gracie Floyd, in her official capacity and individually, Respondents. Charles R. Griffin, Jr., of Anderson, for Appellant. D. Randle Moody, II and Joseph O. Smith, of Roe Cassidy Coates & Price, PA, of Greenville, Andrew F. Lindemann, of Davidson & Lindemann, of Columbia, Donald L. Chuck Allen, of The Allen Law Firm, of Anderson, Candy M. Kern-Fuller, of Easley, Kevin William Sturm, of Sturm and Cont, of Spartanburg, and James W. Logan, Jr., of Logan, Jolly & Smith, LLP, of Anderson, for Respondents. This is a direct appeal challenging the trial court’s grant of a motion to dismiss.
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03:00 p.m. | |
5256 Adoptive Couple, Appellants, v. Baby Girl, a minor under the age of fourteen years, Birth Father, and the Cherokee Nation, Respondents. (Closed Hearing)
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Wednesday, April 18, 2012 | |
09:30 a.m. | |
5260 The State, Respondent, v. K.C. Langford,III, Appellant. Appellate Defender Elizabeth A. Franklin-Best, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Deputy Attorney General David Spencer, of Office of the Attorney General, of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent. Tara S. Waters, of Laurens and Ernest Charles Grose, Jr., of Greenwood, for Amicus Curiae, South Carolina Public Defender Association. K.C. Langford appeals the circuit court’s denial of his motion to dismiss the criminal proceedings against him due to a violation of his right to a speedy trial.
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10:00 a.m. | |
5265 The State, Respondent, v. Bryan Phillips, Appellant. Appellate Defender LaNelle Cantey DuRant, 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 Donald V. Myers, of Lexington, for Respondent. Tara S. Waters, of Laurens and Ernest Charles Grose, Jr., of Greenwood, for Amicus Curiae, South Carolina Public Defender Association. Bryan Phillips appeals the circuit court’s denial of his motion to dismiss the criminal proceedings against him due to a violation of his right to a speedy trial. Additionally, Phillips argues the court erred finding the State’s interpreter qualified in Chinese and Mandarin Chinese and in denying his motion for a mistrial based on comments made by the solicitor during closing arguments.
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10:30 a.m. | |
5261 ORAL ARGUMENTS CANCELLED - Jennifer Katie Elledge, Appellant, v. South Carolina Department of Health and Human Services, Respondent. Sarah Garland St. Onge, of Columbia and Anna Maria Darwin, of Greenville, for Appellant. Richard Hepfer, of Columbia, for Respondent. Stephen R. Suggs, of Columbia, for Amicus Curiae, South Carolina Appleseed Legal Justice Center. Patricia Logan Harrison, of Columbia, for Amicus Curiae, The South Carolina Chapter of the National Academy of Elder Law Attorneys. Daniel R. Unumb, of Columbia and Emily Jackson Miller, of Florence, for Amicus Curiae, South Carolina Legal Services. Jennifer Katie Elledge (Appellant) is a severely disabled adult who requires 24 hour care. The South Carolina Department of Disabilities and Special Needs reduced Appellant's nurse supervised and trained PC II hours from 60 to 28 hours per week as part of a plan to cap services due to statewide budget cuts. Appellant appealed her reduction in services, but her appeal was dismissed without a hearing. Along with challenging the legality of the reduction in her services, Appellant argues that the Administrative Law Judge violated due process and erred in affirming the dismissal of Appellant's case.
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Cases to be Submitted Without Oral Argument | |
McKenzie Corey Shelton, 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 Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Ashley McMahan, of Office of the Attorney General, of Columbia, for Respondent. |
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Derek J. Brown, Petitioner, v. State of South Carolina, Respondent. |
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William T. Toal, of Johnson, Toal and Battiste, 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 Ashley McMahan, of Office of the Attorney General, of Columbia, for Respondent. |
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Tommy Novack Lloyd, Petitioner, v. State of South Carolina, Respondent. |
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Deputy Chief Appellate Defender Wanda H. Carter, 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 Brian T. Petrano, of Office of the Attorney General, of Columbia, for Respondent. |