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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.
Tuesday, June 5, 2007
 09:30 a.m.
4401   Cohen's Drywall Co., Inc., Appellant v. Sea Spray Homes, LLC, Robin C. Wahler, Susan C. Wahler and Plantation Federal Bank, Respondents.

Steven L. Smith, of Smith, Collins & Newton, P.A., of Charleston, for Appellant. Joe Michael Crosby, of Georgetown, for Respondents Robin and Susan Wahler.

The Court is asked to review whether the trial court erred in granting the Respondent’s motion to dismiss a foreclosure action.

 10:00 a.m.
4402   Teresa A. Bass, Employee, Respondent v. Isochem and St. Paul Fire & Marine Insurance Company, Petitioners.

Stanford E. Lacy and Rebecca C. Kirkland, both of Collins & Lacy, of Columbia, for Petitioners. David Vance Benson, of Elrod Jones Leader & Benson, of Rock Hill, for Respondent.

This workers' compensation case involves the timeliness of notice for a repetitive trauma injury.

 10:30 a.m.
4403   The State, Respondent v. Ronte Houey, Appellant.

Thomas E. Shealy, of Gaffney, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Senior Assistant Attorney General Norman Mark Rapoport, all of Office of the Attorney General, of Columbia and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent.

The issue in this case is whether the appellant, who is charged with criminal sexual conduct, was properly ordered to submit to testing for HIV and other sexually transmitted diseases, and whether the statute permitting the testing is unconstitutionally vague.

Wednesday, June 6, 2007
 09:30 a.m.
4404   Carolyn Chester, as Personal Representative of the Estate of Sherman E. Boutte, Jr., Appellant v. South Carolina Department of Public Safety, South Carolina Department of Transportation and South Carolina Forestry Commission, Respondents.

Mark B. Tinsley, of Gooding & Gooding, of Allendale and Robert Norris Hill, of Newberry, for Appellant. Marvin C. Jones, of Bogoslow, Jones, Stephens, PA, of Walterboro, Lisa A. Reynolds and Eric M. Johnsen, both of Anderson & Reynolds, LLC and Roy Pearce Maybank, all of Charleston, for Respondents.

This case addresses the issues of joinder of persons pursuant to Rule 19, SCRCP, and proportional liability under the Tort Claims Act.

 10:00 a.m.
4405   Carlo Borghi, Appellant v. Robert C. Dismuke and Allcare Tree Surgery, Inc., Respondents.

David Holt Berry, of Hilton Head Island, for Appellant. E. Mitchell Griffith, of Griffith, Sadler & Sharp, PA, of Beaufort, for Respondents.

Plaintiff/Appellant contends the trial judge erred in directing a verdict against him on the issue of lost wages by finding it would be impossible for the jury to determine lost wages without resorting to conjecture or speculation.

 10:30 a.m.
4406   Tom Hansson, Respondent v. Scalise Builders of South Carolina and Sam Scalise, Petitioners.

Henrietta U. Golding and Amanda A. Bailey, both of McNair Law Firm, of Myrtle Beach, for Petitioner. Chalmers Carey Johnson, of Charleston, for Respondent.

In this case, the Court granted certiorari to review the court of appeals’ reversal of the trial court’s grant of summary judgment. Petitioner alleges that Respondent failed to establish a prima facie case of intentional infliction of emotional distress and therefore the court of appeals erred in reversing the trial court’s grant of Petitioner’s motion for summary judgment.

Thursday, June 7, 2007
 09:30 a.m.
4407   Raymond Skiba, d/b/a Skiba Landscaping and Construction, Respondent v. Marjorie Sue Gessner and Terral Monty Matlock, Appellants.

James P. Stevens, Jr., of Loris, for Appellants. David James Canty, of Myrtle Beach, for Respondent.

This case involves questions regarding the applicability of the mechanic’s lien statute and whether respondent was required to have a contractor’s license to perform certain work.

 10:00 a.m.
4408   The State, Respondent v. Bryan Nolan Lamb, Appellant.

Chief Attorney Joseph L. Savitz III, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, all of Office of the Attorney General, of Columbia and Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent.

In this direct criminal appeal from a murder conviction, appellant argues the court of general sessions lacked subject matter jurisdiction because he was a minor at the time of the crime and the family court did not comply with the relevant waiver statute.

 10:30 a.m.
4413   The State, Respondent v. Eric Castro, Appellant.

Chief Attorney Joseph L. Savitz, III, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, all of Office of the Attorney General, of Columbia, and Solicitor David M. Pascoe, Jr., of Orangeburg, for Respondent.

In this criminal appeal, appellant argues that the trial court erred in failing to direct a verdict on the charge of misprision of a felony.

Tuesday, June 19, 2007
 09:30 a.m.
4409   Gloria Jean Young, as Personal Representative of the Estate of Bryant L. Armstrong, Deceased, Respondent v. South Carolina Department of Disabilities and Special Needs and Fairfield/Newberry Disabilities Special Needs Board, Appellants.

William H. Davidson, III, Andrew F. Lindemann and Robert D. Garfield, all of Davidson Morrison & Lindemann, of Columbia for appellant, South Carolina Department of Disabilities and Special Needs. Ruskin C. Foster and Hoover C. Blanton, both of McCutchen Blanton Johnson & Barnette, of Columbia, for appellant, Fairfield/Newberry Disabilities Special Needs Board. John K. Koon, of Koon & Cook, PA, of Winnsboro and William B. Salley, Jr., of Lexington, for Respondent.

This wrongful death action addresses issues of immunity under the South Carolina Tort Claims Act, apparent agency, non-delegable duty, discovery sanctions, and the statute of limitations.

 10:00 a.m.
4410   South Carolina Department of Social Services, Petitioner v. Wanda McKinley, Jeffrey McKinley and Robert Chappell (deceased), Defendants, of whom Wanda McKinley is the Respondent. In the interest of:Travis Tabias Martin, DOB: 7/10/90, Antrai Lama Martin, DOB: 11/12/92, Doris Virginia Martin, DOB 5/2/94, Jeffrey Benjamin McKinley, DOB: 11/24/00, Sallie Amanda McKinley, DOB 10/8/98.

Vanessa L. Hartman, of The Hartman Law Firm, of Greenville, for Petitioner. J. Falkner Wilkes, of Greenville, for Respondent.

The Court granted certiorari to review the Court of Appeals’ decision in S.C. Dept. of Soc. Servs. v. McKinley, Op. No. 2006-UP-286 (S.C. Ct. App. filed June 19, 2006). The issue is whether the Court of Appeals was in error for reversing the family court’s decision to terminate parental rights.

 10:30 a.m.
4411   Darrell R. Johnson and Sheryl K. Johnson, Respondents v. Fort Mill Chrysler Plymouth Dodge, Petitioner.

Ronald J. Tryon and Michael E. Kozlarek, both of Parker, Poe, Adams, & Bernstein, LLP, of Columbia, for Petitioner. Mitchell K. Byrd, Sr., of Hilton Head Island, for Respondents.

In this case, the court of appeals reversed the trial court’s decision granting a directed verdict in favor of Fort Mill Chrysler Plymouth on several causes of action arising out of a purchase of an automobile. This Court granted certiorari to review the court of appeals’ decision.

Wednesday, June 20, 2007
 09:30 a.m.
4412   Roberta F. Atkins and Colie John "C.J." Atkins, Appellants v. Bob Capes Realty, Inc. d/b/a Century 21 Bob Capes Realtors, Century Real Estate Corporation, James W. Derrick, Jr., Roger Smith and Lexington Development and Builder, Inc., Respondents.

John S. Nichols, of Bluestein and Nichols, of Columbia, and Thomas P. Bellinger and Bradford W. Cranshaw, both of McWhirter, Bellinger & Associates, of Lexington, for Appellants. Mark S. Barrow and Christy E. Mahon, both of Sweeny Wingate & Barrow, PA, of Columbia, and Thomas Frank Dougall, of Elgin, for Respondents.

In this premises liability case, the plaintiff appeals the dismissal of her complaint against a realtor who allegedly owed a duty as the sponsor of an "open house" invitation to prospective buyers.

 10:00 a.m.
4414   Chem-Nuclear, LLC, Plaintiff v. South Carolina Board of Health and Environmental Control, Defendant, and Sierra Club, Intervenor.

M. Elizabeth Crum and Sara S. Rogers, both of McNair Law Firm, PA, of Columbia, and Mary D. Shahid, of McNair Law Firm, PA, of Charleston, for Plaintiff. Carlisle Roberts, Jr., of Columbia, for Defendant. James S. Chandler, Jr. and Amy E. Armstrong, both of Pawley's Island and Robert Guild, of Columbia, for Intervenor. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Special Counsel Robert D. Cook and Assistant Attorney General Thomas Parkin C. Hunter, all of Office of the Attorney General, of Columbia, for Amicus Curiae, South Carolina Attorney General.

In this original jurisdiction case, Chem-Nuclear seeks a declaratory judgment regarding the application and effect of Act 387 of 2006.

 10:30 a.m.
4415   The New York Times Co., d/b/a The Spartanburg Herald-Journal and Bob Dalton, Respondents v. Spartanburg County School District No. 7, Appellant.

Kenneth E. Darr and Carlos C. Johnson, both of Lyles, Darr & Clark, of Spartanburg, for Appellants. Jay Bender, of Baker, Ravenel and Bender, of Columbia, for Respondent.

Appellant argues that the circuit court erred in finding appellant violated the Freedom of Information Act by failing to disclose certain material related to applications for the superintendent position. Appellant also challenges the award of attorney’s fees to respondents.

 

Cases to be Submitted Without Oral Argument

In the Matter of Cletus K. Okpalaeke, Respondent.

Disciplinary Counsel Henry B. Richardson, Jr. and Senior Assistant Disciplinary Counsel Barbara M. Seymour, both of Columbia, for The Office of Disciplinary Counsel. Cletus K. Okpalaeke, of Columbia, Pro Se.

Ernest Bolin, 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 Robert L. Brown, all of Office of the Attorney General, of Columbia, for Petitioner. Appellate Defender LaNelle C. DuRant, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

Dana Tolen, Respondent v. State of South Carolina, Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Salley W. Elliott, all of Office of the Attorney General, of Columbia, for Petitioner. Appellate Defender LaNelle C. DuRant, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent.

Christina Mewborn, 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 Jeanette Van Ginhoven, all of Office of the Attorney General, of Columbia, for Petitioner. H. Stanley Feldman, of Charleston, for Respondent.

Steven B. Guy, Petitioner v. State of South Carolina, Respondent.

Deputy Chief Attorney Wanda H. Carter, 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 Office of the Attorney General, of Columbia, for Respondent.