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May 2009 |
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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, May 12, 2009 | |
09:30 a.m. | |
4770 Super Duper Inc., dba Super Duper Publications, Plaintiff, v. Pennsylvania National Mutual Casualty Insurance Company, The Travelers Indemnity Company of America, and Travelers Property Casualty Company of America, Defendants. Eugene C. Covington, Jr., of Covington, Patrick, Hagins, Stern & Lewis, of Greenville, and E. Benton Leinster, III, of Greenville, for Plaintiff. Timothy A. Domin and Christina R. Fargnoli, both of Clawson & Staubes, of Charleston, for Defendant Pennsylvania National Mutual Casualty Insurance Company. M. Dawes Cooke, Jr., and John W. Fletcher, both of Barnwell, Whaley, Patterson & Helms, of Charleston, Heather M. Hughes, Laura A. Brady and William T. Corbert Jr., all of Drinker, Biddle & Reath, of Florham Park, New Jersey, all for Defendants Travelers Indemnity Company of America and Travelers Property Casualty Compnay of America. This case presents four certified questions from the United States District Court arising out of a trademark infringment action.
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10:00 a.m. | |
4771 John J. McCrosson, Respondent, v. Kimberly Paige Tanenbaum, Petitioner. John S. Nichols, of Bluestein, Nichols, Thompson and Delgado, of Columbia, Susan T. Kinard and W. Robert Kinard, both of Kinard and Kinard, of Mt. Pleasant, and Marie-Louise Ramsdale, of Mount Pleasant, all for Petitioner. Donald Bruce Clark, of Charleston, and Mark O. Andrews, of Andrews & Shull, of Mt. Pleasant, for Respondent. In this appeal, Mother argues that the Court of Appeals erred when it reversed the family court’s order that gave her primary custody of the couple’s two children. Additionally, Mother argues that the Court of Appeals erred when it reversed the family court’s order in so far as it required Father to pay Mother’s attorney fees.
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10:30 a.m. | |
4772 I. Jenkins Mikell, Jr. and Pinkney V. Mikell, Petitioners, v. County of Charleston and Timothy E. Scott, A.D. Jordan, Curtis E. Bostic, Carolyn Condon, Ed Fava, Barrett Lawrimore, Francis J. Roberts, Leon E. Stavrinakis, and Charles T. Wallace in their capacity as Members of Charleston County Council, George Lee Mikell, Julia Mikell Flowers, Daisy Mikell Pedrick, Mary Mikell, John Mikell, and Peters Point Associates, LP, Defendants, of whom George Lee Mikell, Julia Mikell Flowers, Daisy Mikell Pedrick, Mary Mikell, John Mikell, and Peters Point Associates, LP are the Respondents. Capers G. Barr, III, of Barr Unger & McIntosh, of Charleston, Frances I. Cantwell and William B. Regan, both of Regan & Cantwell, of Charleston, for Petitioner. Morris A. Ellison, of Buist, Moore, Smythe & McGee, of Charleston, and Carolyn H. Blue, of Tecklenburg Law Firm, of Charleston, for Respondents George Lee Mikell, Julia Mikell Flowers and Daisy Mikell Pedrick. Perrin O. Dargan, III, of Hagood & Kerr, of Mount Pleasant, for Respondents Mary Mikell, John Mikell and Peters Point Associates, LP. James M. Brailsford, III, of Edisto Island, for Amicus Curiae South Carolina Coastal Conservation League. This case is on a writ of certiorari to the Court of Appeals. At issue is whether a Charleston County ordinance authorizing a Planned Development on Respondents’ Edisto Island property, violates County’s Comprehensive Land Use Plan and its Zoning and Land Development Regulations. The master granted summary judgment in favor of Petitioners, holding the ordinance void; the Court of Appeals reversed.
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11:00 a.m. | |
4773 Ronnie Lane, Respondent, v. Gilbert Construction Company, LTD., Appellant. Everett A. Kendall, II, of Sweeny Wingate & Barrow, of Columbia, for Appellant. James H. Moss and H. Fred Kuhn, Jr., both of Moss, Kuhn & Fleming, of Beaufort, and D. Kenneth Baker, of Darlington, for Respondent. In this case, Appellants challenge the trial court’s decision to grant a new trial absolute following a jury verdict for an amount the judge determined to be grossly inadequate in light of the evidence.
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Wednesday, May 13, 2009 | |
09:00 a.m. | |
4777 The State, Respondent, v. Shawn Wiles, Petitioner. Appellate Defender M. Celia Robinson, 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, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia, and Solicitor Donald V. Myers, of Lexington, for Respondent. In this criminal case, petitioner argues the trial court erred in admitting evidence of his escape and the Court of Appeals erred in finding this issue unpreserved for appellate review.
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09:30 a.m. | |
4774 Sherrie Jean Floyd, Respondent, v. Richard Morgan, Jr., Petitioner. Katherine C. Goode, of Winnsboro, and J. Mark Taylor, of Moore, Taylor & Thomas, of West Columbia, for Petitioner. Spencer Andrew Syrett, of Columbia, and Richard G. Whiting, of Columbia, for Respondent. This Court granted a petition for writ of certiorari to review the decision of the Court of Appeals in Floyd v. Morgan, 375 S.C. 246, 652 S.E.2d 83 (Ct. App. 2007), which affirmed the family court’s order reducing Respondent’s child support obligation and denying Petitioner’s request for attorney’s fees.
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10:00 a.m. | |
4775 Charleston County Department of Social Services, Appellant, v. William Price and Marianne Price, Respondents. In the Interest of: Two minor children under the age of eighteen (18) years. Frampton Durban, Jr., of North Charleston, for Appellant. David P. McCann, of Charleston, and Jon A Mersereau, of Charleston, for Respondent William Price. Mariane Price, of Mt. Pleasant, Respondent, pro se. Mary Ann Hall, of Charleston, for Guardian Ad Litem. DSS appeals the family court’s finding of no child abuse.
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10:30 a.m. | |
4776 In Re: November 4, 2008 Bluffton Town Council Election. Fred Hamilton, Jr., and Allyne Mitchell, Respondents, v. Jeff Fulgham, Normand Thomas, and the Beaufort County Board of Elections and Voter Registration, of whom Jeff Fulgham and Normand Thomas are Appellants. Karl S. Bowers, Jr., A. Mattison Bogan and M. Todd Carroll, all of Nelson Mullins Riley & Scarborough, of Columbia, for Appellants. William T. Young, III, and Robert W. Achurch, III, both of Howell Gibson & Hughes, of Beaufort, for Beaufort County Board of Elections and Voter Registration. Daniel E. Martin, Sr., and Daniel E. Martin, Jr., both of Martin & Martin, of Charleston, for Respondents. This case involves a challenge to the results of a municipal election.
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Thursday, May 14, 2009 | |
09:30 a.m. | |
4778 Carolyn Songer Austin, Petitioner, v. Town of Hilton Head Island, South Carolina, W.J. Enterprises, Inc., H.D.S. Builders, LLC, Barb Loebig, and National Bank of Commerce, Defendants, Of Whom W.J. Enterprises, Inc., H.D.S. Builders, LLC, Barb Loebig and National Bank of Commerce are the Respondents. Mark W. Hardee, of The Hardee Law Firm, of Columbia, M. Adam Guess, of McDaniel & Guess, of Beaufort, and Robert E. Austin, Jr., of Leesburg, Florida, for Petitioner. Stephen A. Spitz, of Charleston, and Drew A. Laughlin, of Laughlin & Bowen, of Hilton Head Island, for Respondent. The Court granted certiorari to consider the Court of Appeals’ decision reversing the special referee’s issuance of an injunction for alleged violations of restrictive covenants.
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10:00 a.m. | |
4779 South Carolina Department of Health and Environmental Control, Respondent, v. Stephen R. Combos, Appellant. Cotton C. Harness, III, of Mt. Pleasant, for Appellant. General Counsel Carlisle Roberts, Jr., of Columbia, Chief Counsel Elizabeth Applegate Dieck and Staff Attorney Davis A. Whitfield-Cargile, both of Charleston, all of South Carolina Department of Health and Environmental Control, for Respondent. Stephen R. Combos appeals from a decision by the circuit court that he violated an administrative enforcement order requiring him to remove an unauthorized dock extension that crossed a navigable waterway. He argues his rights to equal protection and due process were violated and the South Carolina Department of Health and Environmental Control should be estopped from denying him a permit for the dock extension.
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10:30 a.m. | |
4780 The State, Respondent, v. Johnny Rufus Belcher, Appellant. James E. Bryan, Jr., of Laurens, and C. Rauch Wise, of Greenwood, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General William Edgar Salter, III, all of Columbia, and Solicitor Jerry W. Peace, of Greenwood, for Respondent. Defendant appeals the trial court’s jury charges and exclusion of evidence.
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Wednesday, May 27, 2009 | |
09:30 a.m. | |
4781 Joseph H. Moore, Respondent, v. M.M. Weinberg, Jr., and Weinberg and Brown, LLP, Petitioners. Harry C. Wilson, Jr., and David C. Holler, both of Lee, Erter, Wilson, James, Holler & Smith, of Sumter, for Petitioners. A. Camden Lewis, Peter D. Protopapas and Brady R. Thomas, all of Lewis & Babcock, of Columbia, for Respondent. Respondent sued Petitioners for negligence, conversion, and civil conspiracy after petitioners disbursed funds to their clients, in which Respondent claimed an interest. The trial court granted summary judgment in favor of Petitioners, but the Court of Appeals reversed. Moore v. Weinberg, 373 S.C. 209, 644 S.E.2d 740 (Ct. App. 2007). The Court granted a writ of certiorari to review that decision.
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10:00 a.m. | |
4783 Keystone Legends I, L.P., Appellant, v. Charleston County Assessor, Respondent. Kenneth C. Krawcheck, of Krawcheck Law Firm, of Charleston, for Appellant. Joseph Dawson, III, and Bernard E. Ferrara, Jr., both of North Charleston, for Respondent. The question in this direct appeal is whether the appropriate capitalization rate and method were used to value real property.
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10:30 a.m. | |
4785 In the Matter of Patrick D. Sullivan, Respondent. Senior Assistant Attorney General James G. Bogle, Jr, of Columia, for Office of Disciplinary Counsel. Gregory Poole Harris, of Harris & Gasser, of Columbia, and Sherri A. Lydon, of Columbia, for Respondent. This is a judicial disciplinary matter.
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Thursday, May 28, 2009 | |
09:30 a.m. | |
4786 Leola Richardson, as Personal Representative of the Estate of Dominick Richardson, Respondent v. P.V., Inc. and Harbor Inn, Inc., Appellants. J. Dwight Hudson and Mary A. Graham, both of Hudson Law Firm, of Myrtle Beach, for Appellants. William P. Walker, Jr., of Walker & Morgan, of Lexington, for Respondent. Appellants appeal the master in equity’s order denying their motion to set aside the order of default based on lack of personal jurisdiction and excusable neglect.
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10:00 a.m. | |
4787 Eddie Wayne Eldridge, Charles Louis Beaudrot, Russie Beaudrot Young, Bernard H. Padgett, Homer Charles Walker, and Ray F. Stewart, individually, and on behalf of a class of plaintiffs similarly situated, and Herbert Malcolm Crum, individually, and on behalf of a class of plaintiffs similarly situated, Petitioners, v. South Carolina Department of Transportation, Respondent. J. Kendall Few, of Greer, and Thomas E. Hite, Jr., of Hite & Pruitt, of Abbeville, for Petitioner. G. P. Callison, Jr., of Callison Dorn Thomason Knott & Moore, of Greenwood, for Respondent.
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10:30 a.m. | |
4788 Law Firm of Paul L. Erickson, P.A., Petitioner, v. James R. Boykin and Mona S. Boykin, Respondents. Karl Smith, of Smith, Watts & Associates, of Hartsville, and Paul L. Erickson, of Asheville, North Carolina, for Petitioner. Carolyn R. Hills, of Hills and Hills, of Myrtle Beach, for Respondents. The Court granted certiorari to consider a Court of Appeals decision upholding a circuit court order which granted respondents relief from a foreign judgment.
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11:00 a.m. | |
4789 The State, Respondent, v. Janice M. Clasby, Appellant. Chief Appellate Defender Joseph L. Savitz, III, and Appellate Defender LaNelle C. DuRant, both 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 Harold M. Coombs, Jr., all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent. Appellant appeals her conviction for lewd act upon a child, arguing the trial court erred in admitting evidence of prior bad acts.
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Cases to be Submitted Without Oral Argument | |
Charles Smith, 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, Chief Attorney General Salley Elliott and Assistant Attorney General Brian T. Petrano, all of Columbia, for Respondent. |
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William James Lillie, Petitioner, v. State of South Carolina, Respondent |
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Appellate Defender LaNelle C. DuRant, 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 Karen Ratigan, all of Columbia, for Respondent. |
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Tommy Riley, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender LaNelle C. DuRant, 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 Elliott and Assistant Attorney General Brian T. Petrano, all of Columbia, for Respondent. |
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James Stalk, Petitioner, v. State of South Carolina, Respondent. |
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Chief Appellate Defender Joseph L. Savitz, III, 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 David A. Spencer, all of Columbia, for Respondent. |
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Terrence D. Terry, Respondent, v. State of South Carolina, Petitioner. |
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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 Columbia, for Petitioner. Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. |