Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch
Supreme Court - Roster of Cases for Hearing

   
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.
Wednesday, June 1, 2005
 09:30 a.m.
4070   Page D. Callen, Respondent v. Sean R. Callen, Appellant.

Emma I. Bryson, John O. McDougall and Peter G. Currence, all of McDougall & Self, of Columbia, for Appellant. Paul E. Tinkler and Lori Dandridge Stoney, both of Charleston, for Respondent. Jon A. Mersereau, of Charleston, Guardian Ad Litem.

This is an appeal from a family-court order finding that the parties formed a common-law marriage and awarding attorney fees to the respondent.

 10:00 a.m.
4071   Beaufort County, South Carolina, and John H. Webber, Petitioners v. The Town of Port Royal, South Carolina, Rose Island Properties, Inc. and George Stephanis, Respondents.

Jack M. Scoville, Jr., of Georgetown, for Petitioners. William B. Regan and Francis I. Cantwell, both of Regan & Cantwell, of Charleston, for Respondent Town of Port Royal. David L. Tedder, of Beaufort, for Respondents Rose Island Properties, LLC and George Stephanis.

This is an appeal from the court of appeals to determine whether Beaufort County and John H. Webber, a taxpayer and resident of Port Royal, have standing to challenge the annexation of Rose Island into the Town of Port Royal.

 10:30 a.m.
4072   George Koutsogiannis, Respondent v. BB&T f/k/a United Carolina Bank, Appellant.

Charles M. Groves, of Chapman Harter & Groves PA, of Greenville, for Appellant. Robert C. Wilson, Jr., of Greenville, for Respondent.

This creditor-debtor case involves the issue of whether the trial court erred by failing to charge the law of independent contractor.

Thursday, June 2, 2005
 09:30 a.m.
4073   Jacqueline Z. Houck, Richard Perrini and all others similarly situated, Appellants v. State Farm Fire and Casualty Insurance Company, State Farm Insurance Group, John C. Mallet, Individually and in his Capacity as a Class Representative for State Farm Insurance Agents, and John Doe, Respondents.

Gregory Milam Alford, of Alford & Wilkins, of Hilton Head Island, and Donald E. Jonas, of Cotty and Jonas, of Columbia, for Appellants. Monteith P. Todd and Robert E. Horner, both of Sowell, Gray, Stepp & Laffitte, L.L.C., of Columbia, for Respondents.

At issue in this case is whether State Farm, and its insurance agent Mallet, were under an affirmative duty to advise Homeowners to whom it provided flood insurance that there was a less expensive "Preferred Risk Policy" available to them.

 10:00 a.m.
4074   Octavia Jackson, Appellant v. Swordfish Investments, L.L.C., Respondent.

Carl L. Solomon, of Gergel, Nickles & Solomon, of Columbia, and Tony Dessausure, of Dessausure Law Firm, of Columbia, for Appellant. J. R. Murphy and Adam J. Neil, both of Murphy & Grantland, of Columbia, for Respondent.

Appellant was shot multiple times inside a Columbia nightclub and brought a negligence action against Respondent. Appellant argues, among other things, that the circuit court erred in granting summary judgment to Respondent because Respondent had a duty to protect Appellant from the criminal acts of a third party.

 10:30 a.m.
4075   David Carr, Appellant v. Marion T. Guerard, Edward P. Guerard, Jr., and Thomas Guerard, Respondents.

Chalmers Carey Johnson, of Charleston, for Appellant. Mark Wester McKnight, of Charleston, for Respondents.

This is an appeal from a circuit-court order granting the respondents summary judgment. The circuit court held that the appellant’s fraudulent-transfer claim was barred under South Carolina Code section 15-39-30.

Tuesday, June 14, 2005
 09:30 a.m.
4076   Karen Davis, Dorothy L. Hershey, William W. Nivens, Jr., and Theresa L. Varas, Appellants v. Greenwood School District 50, Respondent.

W. Allen Nickles, III, and Dwayne T. Mazyck, both of Gergel, Nickles & Solomon, PA, of Columbia, for Appellants. Kenneth L. Childs, Allen D. Smith and Allison Aiken Hanna, all of Childs & Halligan, P.A., of Columbia, for Respondent.

At issue in this case is whether the school district is bound by promissory estoppel or contract with regard to the decision to offer financial incentives to teachers that become national board certified.

 10:00 a.m.
4077   James F. Johnston, III, Respondent v. South Carolina Department of Labor, Licensing, and Regulation, South Carolina Real Estate Appraisers Board, Petitioner.

Kenneth P. Woodington, of Davidson Morrison & Lindemann, of Columbia, and Lynne W. Rogers, of South Carolina Department of Labor, Licensing and Regulation, of Columbia, for Petitioner. John S. Nichols, of Bluestein & Nichols, of Columbia, for Respondent.

This case involves the issue of whether the Court of Appeals erred by finding the failure of the Real Estate Appraisal Board to serve notice of its decision within the 30-day time period prescribed in S.C. Code Ann. § 40-60-150(C)(3) (Supp. 2004) deprived the Board of subject matter jurisdiction.

 10:30 a.m.
4078   Patricia L. Edge, Miles Green, and all others similarly situated, Appellant/Respondents v. State Farm Mutual Automobile Insurance Company and all others similarly situated, and South Carolina Reinsurance Facility, Defendants, of whom South Carolina Reinsurance Facility is the Respondent and State Farm Mutual Automobile Insurance Company is the Respondent/Appellant.

Richard A. Harpootlian, of Columbia, Michael G. Sullivan, of Columbia, A. Camden Lewis and Peter D. Protopapas, both of Lewis, Babcock & Hawkins, of Columbia, for Appellants-Respondents. James C. Gray, Jr., B. Rush Smith, III, C. Mitchell Brown and William C. Wood, Jr., all of Nelson Mullins Riley & Scarborough, of Columbia, for Respondent-Appellant. Thomas C. Salane, of Turner, Padget, Graham & Laney, of Columbia, for Respondent South Carolina Reinsurance Facility.

The issues in this case are, inter alia: 1)whether the filed rate doctrine bars judicial review; 2)whether a judicial determination of “at fault” is required when increasing premiums; 3)whether insureds can sue the Facility for a declaratory judgment; and 4)whether the plaintiffs had to exhaust their administrative remedies.

Wednesday, June 15, 2005
 09:30 a.m.
4079   Deborah W. Spence, Appellant v. Deborah W. Spence and Floyd D. Spence, Jr., as the Personal Representatives of the Estate of Floyd D. Spence, Wayne K. Wilkes, Susan A. Wilkes, Donna T. Cromer, Roy Bunyan Cromer, Jr., Robert P. Wilkins, Jr., Floyd D. Spence, Jr., Zachariah W. Spence, Benjamin D. Spence, and Caldwell D. Spence, Defendants, of whom Donna T. Cromer and Roy Bunyan Cromer, Jr., are the Respondents.

William E. Booth, III, of Columbia, for Appellant. Robert L. Widener and Robert W. Dibble, Jr., both of McNair Law Firm, PA, of Columbia, for Respondents.

The circuit court dismissed the Appellant's complaint for failure to state a claim against certain defendants, ruling the defendants were bona fide purchasers for value of real property without notice of an alleged title defect or adverse claim against the property. The Appellant argues the circuit court erred because the defense of bona fide purchaser had not been alleged in any pleading, the defendants had a duty of inquiry based on an examination of the title, the defendants may not claim protection as bona fide purchasers because the Appellant never had title to the disputed area, and the Appellant should have been given the opportunity to amend her complaint after it was dismissed.

 10:00 a.m.
4080   Jennifer R. Cape, Appellant v. Greenville County School District, Respondent.

Jeffrey Alton Phillips, of Phillips Law Firm, of Greenville, for Appellant. Sean Ashley Scoopmire, of Clarkson, Walsh, Rheney and Turner, of Greenville, for Respondent.

This is an appeal from an order granting the school district summary judgment in a contract action brought by a former teacher.

 10:30 a.m.
4081   Stonhard, Inc., Plaintiff v. Carolina Flooring Specialists, Inc., Daniel Parham and Manuel T. Parham, Defendants.

Bradford Neal Martin, William S. F. Freeman and Laura W. H. Teer, all of Walker Martin & Reibold, of Greenville, for Plaintiff. W. Andrew Arnold and Brian E. Arnold, both of Arnold & Arnold, of Greenville, for Defendants.

This case involves three certified questions from federal district court concerning whether a covenant not to compete may be reformed (“blue penciled”) in accordance with the parties’ New Jersey choice of law agreement so that Defendants, who allegedly breached the covenant, may be found liable for damages dating back until the initial time of the alleged breach. This case also involves a question of whether equity would permit this Court to extend the term of the covenant beyond its one year expiration date.

Thursday, June 16, 2005
 09:30 a.m.
4082   Gregg M. Cobb, Respondent v. The South Carolina Department of Transportation, Petitioner. Ernest E. Leopard, Respondent v. The South Carolina Department of Transportation, Petitioner. Louise S. Campbell and James Robert Campbell, individually and as trustees, Respondents v. The South Carolina Department of Transportation, Petitioner. Ruby D. Bowen, Respondent v. The South Carolina Department of Transportation, Petitioner. Robert P. Harling, Respondent v. The South Carolina Department of Transportation, Petitioner.

Beacham O. Brooker, Jr., of South Carolina Department of Transportation, of Columbia, and Robert L. Widener, of McNair Law Firm, of Columbia, for Petitioner. David B. Ward, of Horton, Drawdy, Ward & Jenkins, of Greenville, for Respondents.

This is an appeal from an order allowing a jury trial in the compensation phase of an inverse condemnation action.

 10:00 a.m.
4083   G&P Trucking, Petitioner v. Parks Auto Sales Service & Salvage, Inc., Respondent.

Stephen E. Darling and Kari T. Hubbard, both of Haynsworth Sinkler Boyd, P.A., of Charleston, for Petitioner. Robert A. McKenzie and Gary H. Johnson, II, both of McDonald, McKenzie, Rubin, Miller & Lybrand, of Columbia, for Respondent.

The issues in this case are: 1)whether the Court of Appeals erred in holding that the petitioner did not extinguish its common liability under the S.C. Contributions Among Tortfeaser’s Act; 2)whether the Court of Appeals erred in finding the Act unambiguous; and 3)whether there was a common liability between the petitioner and the respondent.

 10:30 a.m.
4084   Mims Amusement Company, Respondent v. South Carolina Law Enforcement Division, Appellant.

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Robert D. Cook, Senior Assistant Attorney General C. Havird Jones, Jr., and Assistant Attorney General Elizabeth R. McMahon, all of Columbia, for Appellant. James Mixon Griffin, of Columbia, for Respondent.

State law enforcement authorities seized a Safari Skill video game machine and a magistrate ordered the machine destroyed after determining it was an illegal gambling device pursuant to applicable statutes. The machine's owner requested a jury trial on the forfeiture of the machine. The magistrate denied the request, but the circuit court reversed and remanded the case to the magistrate. The issue on appeal is whether the owner of a video game machine has a constitutional right to demand a jury trial in a civil forfeiture proceeding to determine whether the machine is an illegal gambling device.

 

Cases to be Submitted Without Oral Argument

Samuel Keith Jackson, Petitioner v. State of South Carolina, Respondent.

Assistant Appellate Defender Robert M. Pachak, of Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Julie M. Thames, all of Columbia, for Respondent.

Sam Stevens, Petitioner v. State of South Carolina, Respondent.

Acting Deputy Chief Attorney Wanda P. Hagler, of Office of Appellate 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 Molly R. Crum, all of Columbia, for Respondent.

Virgil Treece, Petitioner v. State of South Carolina, Respondent.

Assistant Appellate Defender Eleanor Duffy Cleary, of Office of Appellate 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 Molly R. Crum, all of Columbia, for Respondent.

John T. Smith, Respondent v. State of South Carolina, Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Elizabeth R. McMahon, all of Columbia, for Petitioner. Assistant Appellate Defender Eleanor Duffy Cleary, of Office of Appellate Defense, of Columbia, for Respondent.