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May 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, May 1, 2012 | |
09:30 a.m. | |
5241 Lisa Everitt Lomonaco, Appellant, v. The Myrtle Beach Resort Homeowners' Association, Inc., Respondent. Bradley A. Floyd, of The Floyd Law Firm, of Surfside Beach, for Appellant. Timothy A. Domin, of Clawson & Staubes, LLC, of Charleston, for Respondent. In this case, the Court will determine whether the circuit judge’s grant of summary judgment in favor of Myrtle Beach Resort Homeowners' Association (MBRHA) was proper. Lomonaco claims MBRHA is vicariously liable for the actions of the security guards who, after recognizing that Lomonaco was highly intoxicated, told her to go to her friend’s unit on the property to “sleep it off” rather than allowing her to leave the property with her fiancé, after which, she either jumped or fell off of the eighth story balcony and sustained serious injury.
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10:00 a.m. | |
5264 Joetta P. Whitlock, Trustee of the Joetta P. Whitlock Trust, Plaintiff, v. Stewart Title Guaranty Company, Defendant. Gene McCain Connell, Jr., of Kelaher Connell & Connor, PC, of Surfside Beach and Courtney Connell Landsverk, of Simpsonville, for Plaintiff. Louis H. Lang and Demetri K. Koutrakos, of Callison Tighe & Robinson, LLP, of Columbia, for Defendant. The United States District Court for the District of South Carolina asks the Court to determine the relevant date for measuring loss in the case of a partial failure of title which is covered by an owner’s title insurance policy where the title defect cannot be removed.
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10:30 a.m. | |
5238 ORAL ARGUMENT CANCELLED - In the Matter of George Thomas Samaha, Respondent. Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel William C. Campbell, of Columbia, for the Office of Disciplinary Counsel. Harry Leslie Devoe, of New Zion, for Respondent. This is an attorney disciplinary matter.
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10:30 a.m. | |
5281 Michael Anderson and Robert Barger,Plaintiffs-Petitioners, v. South Carolina Election Commission; Marci Andino, as Executive Director and as a representative of the South Carolina State Election Commission; South Carolina Democratic Party; Richard A. Harpootlian, as Chair of the Executive Committee of and as a representative of the South Carolina Democratic Party; South Carolina Republican Party; Chad Connelly, as Chair of the Executive Committee of and as a Representative of the South Carolina Republican Party; Lexington County Commission of Registration and Elections; Dean Crepes, as Director of and as a Representative of the Lexington County Commission of Registration and Elections; Lexington County Democratic Party; Kathy Hensley, as Chair of and as Representative of the Lexington County Democratic Party; Lexington County Republican Party; Steven Isom, as Chair of and Representative of the Executive Committee of the Lexington County Republican Party,Defendants-Respondents. Tracey C. Green and Benjamin P. Mustian, of Willoughby & Hoefer, P.A., of Columbia, for Plaintiffs-Petitioners. Jeffrey M. Anderson, of Davis Frawley Anderson McCauley Ayer Fisher & Smith, LLC, of Lexington, Kevin A. Hall, Karl Smith Bowers, Jr. and M. Todd Carroll, of Hall & Bowers, of Columbia, M. Elizabeth Crum, Arial B. Kirk and Amber B. Martella, of McNair Law Firm, of Columbia and Richard A. Harpootlian and Christopher P. Kenney, of Columbia, for Defendants-Respondents. This is an action heard in the Court’s original jurisdiction seeking a declaration that certain individuals were improperly certified as candidates for the party primary elections because they failed to timely file a Statement of Economic Interests.
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Wednesday, May 2, 2012 | |
09:30 a.m. | |
5266 The State, Respondent, v. Anthony Gracely, Appellant. Chief Appellate Defender Robert M. Dudek, of South Carolina Commission on Indigent Defense, of Columbia, and Reid T. Sherard, of Nelson Mullins Riley & Scarborough, LLP, of Greenville, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Joshua R. Underwood, of Office of the Attorney General, of Columbia, and Solicitor W. Walter Wilkins, III, of Greenville, for Respondent. Anthony Gracely (Appellant)appeals his conviction for drug trafficking in violation of section 44-53-375 of the South Carolina Code. Appellant argues that the circuit court improperly limited his cross-examination of the State’s witnesses in violation of the Confrontation Clause of the United States Constitution. Appellant also argues that the State did not present sufficient evidence to support his conviction.
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10:00 a.m. | |
5268 Dutch Fork Development Group II, LLC and Dutch Fork Realty, LLC, Respondents, v. SEL Properties, LLC and Stephen E. Lipscomb, Defendants, of whom Stephen E. Lipscomb is the, Appellant. A. Camden Lewis and Keith M. Babcock, of Lewis, Babcock & Griffin LLP, of Columbia, for Appellant. Glenn E. Bowens and Anthony S. H. Catone, of Pope and Bowens, P.A., of Blythewood, Charles E. Carpenter, Jr. and Carmen Vaughn Ganjehsani, of Carpenter Appeals & Trial Support, LLC, of Columbia, for Respondents. Appellant, the manager of SEL Properties, LLC ("SEL"), appeals a jury verdict against him for tortious interference with a contract found to have been breached by SEL. Appellant contends that: (1) he cannot be held individually liable for tortious interference with a contract that was breached by SEL; (2) if he is found liable, the damage award for the claim of tortious interference with a contract should have been reduced because these damages are "coextensive" with the damages awarded for the breach of contract causes of action against SEL; and (3) the trial judge erred in charging the jury that lost customers and goodwill could be considered elements of damages as there was no evidence of such damages.
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10:30 a.m. | |
5269 The State, Respondent, v. Sara Nicette Fastiggi, Appellant. Grover C. Seaton, III, of Seaton & Manly, PC, of Moncks Corner, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Senior Assistant Attorney General Harold M. Coombs, Jr., of Office of the Attorney General, of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent. Appellant challenges the trial court’s denial of a motion to suppress evidence discovered during a traffic stop.
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Thursday, May 3, 2012 | |
09:30 a.m. | |
5270 Mark Fountain, Appellant, v. First Reliance Bank, Thomas C. Ewart, and Ernest Pennell, Defendants, of whom First Reliance Bank and Thomas C. Ewart are, Respondents. Robert Norris Hill, of Newberry and William P. Hatfield, of Florence, for Appellant. Jeffrey L. Payne and J. Rene Jose, of Turner, Padget, Graham & Laney, P.A., of Florence for Respondents In this case, Fountain appeals the circuit court’s grant of summary judgment on his claim of defamation in favor of First Reliance Bank and Thomas C. Ewert.
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10:00 a.m. | |
5271 Aletha M. Johnson, Claimant, Respondent, v. Rent-A-Center, Inc., Employer, and Sedgwick CMS, Carrier, Appellants. John Gabriel Coggiola, of Willson Jones Carter & Baxley, P.A., of Columbia, for Appellants. Nelson R. Parker, of Land, Parker & Welch, PA, of Manning and John R. Hetrick, of Hetrick, Harvin & Bonds, of Walterboro, for Respondent. Johnson (Employee) sustained an injury to her back while working for Rent-A-Center (Employer). The Workers’ Compensation Commission awarded Employee temporary total disability benefits. Employer now appeals that decision arguing that Employee should not be awarded benefits because Employee was not “disabled” under the law. Employer alleges that Employee could still work as a phlebotomist (an individual trained to draw blood for tests, transfusions, donations, or research) and that Employer was deprived of the opportunity to place Employee into a job with lighter duties when Employee resigned.
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10:30 a.m. | |
5272 The State, Respondent, v. Gregory Daniels, Appellant. Deputy Chief Appellate Defender Wanda H. Carter and Appellate Defender Tristan M. Shaffer, both 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 Donald J. Zelenka and Assistant Attorney General Brendan J. McDonald, of Office of the Attorney General, of Columbia, and Solicitor Edgar L. Clements, III, of Florence, for Respondent. In this direct criminal appeal, the appellant contends the trial court committed reversible error when he charged the jury that “you are acting for the community and that is why we must see to it that this trial is fair and this verdict is just” and that “this court is of the confirmed opinion that whatever verdict you reach will represent truth and justice for all parties involved in this case.”
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Tuesday, May 22, 2012 | |
09:30 a.m. | |
5273 Fred Bradley, Respondent, v. Brentwood Homes, Inc., Brentwood Homes-Limehouse, LLC, Brentwood Homes-The Retreat at Johns Island, LLC, Brentwood Homes of South Carolina, Inc., Brentwood Homes of North Carolina, Inc., Brentwood Homes of Myrtle Beach, Inc., Brentwood Homes of Low Country, Inc., Brentwood Homes of Fort Mill, Inc., Brentwood Homes of Beaufort-Bluffton, Inc., Harris Street, LLC, Crescent Homes of SC, Inc., Brentwood Homes Incorporated, a Georgia Corporation, Appellants. Robert T. Lyles, Jr., of Lyles and Lyles, of Charleston, for Appellants. William W. DesChamps, Jr. and William W. DesChamps, III, of DesChamps Law Firm, of Myrtle Beach, for Respondent. Appellants appeal the circuit court's order denying a motion to stay and compel arbitration in a lawsuit involving the purchase of Respondent's home. Appellants claim the circuit court erred in denying the motion as the Home Purchase Agreement involved interstate commerce and, thus, was subject to the Federal Arbitration Act.
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10:00 a.m. | |
5274 Linda T. Terry, Respondent, v. William E. Terry, Jr., Appellant. Christopher T. Brumback and Edward C. Nix, of Brumback and Nix, of Greenville, for Appellant. Brian Miller, of the Miller Law Firm, Alex Kornfeld and William S. F. Freeman, all of Greenville, for Respondent. This is an appeal from the family court's order holding appellant in contempt for failing to vacate the marital home pursuant to a temporary family court order.
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10:30 a.m. | |
5275 The State, Respondent, v. Clifford A. Wylie, Appellant. Appellate Defender Breen Stevens 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 Donald J. Zelenka and Senior Assistant Attorney General Melody J. Brown, of Office of the Attorney General, of Columbia, and Solicitor Walter W. Wilkins, III, of Greenville, for Respondent. Clifford Wylie appeals his convictions for murder, possession of a firearm during the commission of a violent crime, and unlawful conduct towards a child, arguing: (1) the circuit court erred in denying his motion for a continuance so that the Department of Mental Health could provide the court with copies of a court-ordered competency and criminal responsibility evaluation; (2) the Confrontation Clause of the Sixth Amendment was violated when a doctor who did not perform the victim's autopsy was permitted to testify using the report of the doctor who did perform it; (3) the Confrontation Clause was violated when a psychologist testified to statements made by a child who was an available witness but not called by the State; (4) the psychologist's testimony was hearsay; and (5) his five-year sentence for possession of a firearm during the commission of a violent crime was illegal because he was sentenced to life without parole on the murder charge.
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Wednesday, May 23, 2012 | |
09:30 a.m. | |
5276 The State, Respondent, v. Lucius Simuel, Appellant. Appellate Defender Dayne C. Phillips, 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 Mark Farthing, of Office of the Attorney General, of Columbia, and Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent. Appellant appeals his sentence of life imprisonment without the possibility of parole, arguing that the trial court erred in using a prior Georgia conviction for false imprisonment as the triggering conviction for enhancement under the recidivist offender statute, section 17-25-45 of the South Carolina Code. The Court certified this case for review pursuant to Rule 204(b), SCACR.
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10:00 a.m. | |
5277 Carolina Park Associates, LLC, and Republic-Charleston, LLC, for itself and on behalf of Carolina Park Associates, LLC, Appellants, v. Benedict T. Marino, Douglas H. Dittrick, John Chalsty, MDC of Charleston, LLC, and CDM of Charleston, LLC, Respondents. Richard S. Rosen, Alice F. Paylor and Elizabeth J. Palmer, of Rosen, Rosen and Hagood, of Charleston, for Appellants. Molly H. Cherry, of Nexsen Pruet, LLC, of Charleston, Carl E. Pierce, II and Joseph C. Wilson, of Pierce, Herns, Sloan & McLeod, LLC, of Charleston, and G. Trenholm Walker, of Pratt-Thomas & Walker, PA, of Charleston, for Respondents. Appellants seek reversal of the circuit court's order dismissing allegations seeking an interest in property and cancelling a lis pendens.
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10:30 a.m. | |
5278 RFT Management Co., LLC, Appellant, v. Tinsley and Adams LLP & Welborn D. Adams, Individually, Respondents. Harry A. Swagart, III, of Swagart, Walker, Martin & Reibold, P.A., of Columbia, for Appellant. Matthew H. Henrikson, of Greenville, for Respondents. Appellant brought this action against Respondents based on their legal representation of Appellant during its purchase of several real estate investment properties. Appellant contends the trial court erred in (1) failing to grant its motion for judgment notwithstanding the verdict (JNOV) or a new trial on the issue of whether Respondents engaged in malpractice by representing both Appellant and the seller at the closing where there was an unwaivable conflict of interest; (2) failing to grant its motion for JNOV or a new trial on the issue whether Respondents engaged in malpractice by failing to disclose materials facts, submitting false and misleading documents, and/or arranging the closing as an unlawful “flip transaction”; (3) failing to charge the jury on breach of fiduciary duty and merging this cause of action in with its first cause of action for legal malpractice; (4) directing a verdict on its claim against Respondents for violation of the South Carolina Unfair Trade Practices Act; and (5) directing a verdict on its claim against Respondents for violation of the South Carolina Uniform Securities Act.
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Cases to be Submitted Without Oral Argument | |
Dana Rikard, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Katherine 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. |
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Albert Scruggs, 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 Brian T. Petrano, of Office of the Attorney General, of Columbia, for Respondent. |