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June 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, June 9, 2009 | |
09:30 a.m. | |
4795 Regina Miller, Plaintiff, v. The Unity Group, Inc., Modern Business Associates, Continental Casualty Insurance Company and SCUEF, Defendants, of whom The Unity Group, Inc., and Modern Business Associates are Respondents, and Continental Casualty Insurance Company is Petitioner. Kirsten L. Barr, of Trask and Howell, of Mt. Pleasant, for Petitioner. Natale Fata, of Surfside Beach, for Respondents. This Court granted a petition for writ of certiorari to review the decision of the Court of Appeals in Miller v. The Unity Group, Inc., Op. No. 07-UP-384 (S.C. Ct. App. filed Sept. 20, 2007), which affirmed the trial court’s holding Unity Group was an insured.
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10:00 a.m. | |
4797 Peggy Salters, Respondent, v. Palmetto Health Alliance, Inc; d/b/a Palmetto Baptist Medical Center; Robert Schnackenberg, M.D., individually; Eric Lewkowiez, M.D., individually; Columbia Psychiatric Associates, PA, P. Kenneth Huggins, M.D., individually, Defendants, of whom Eric Lewkowiez, M.D. is Petitioner. Andrew F. Lindemann, William H. Davidson, II, and Lawrence S. Kerr, all of Davidson & Lindemann, of Columbia, for Petitioner. Mark W. Hardee, of The Hardee Law Firm, of Columbia, and John W. Carrigg, Jr., of Carrigg Law Firm, of Irmo, for Respondent. This case is on a writ of certiorari to the Court of Appeals. The case involves a verdict of $625,000 against Petitioner, Dr. Lewkowiez, for medical negligence. At issue is whether Petitioner was entitled to a directed verdict and/or judgment notwithstanding the verdict.
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10:30 a.m. | |
4798 Frances Irene Todd, Petitioner, v. Barbara C. Joyner, Respondent. Gene M. Connell, Jr., of Kelaher, Connell & Connor, of Surfside Beach, for Petitioner. Linda Weeks Gangi, of Thompson and Henry, of Conway, for Respondent. In this case, stemming from an auto accident, Petitioner raises various issues regarding the admission of evidence.
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Wednesday, June 10, 2009 | |
09:30 a.m. | |
4799 James A. Smith, Respondent, v. Barnwell County, Employer, and South Carolina Association of Counties Self Insurance Fund, Carrier, Appellants. Richard B. Kale, Jr., of Willson, Jones, Carter & Baxley, of Greenville, for Appellants. Andrew N. Safran, of Columbia, for Respondent. Grady L. Beard and Daniel W. Hayes, both of Sowell, Gray, Stepp & Laffitte, of Columbia, for Amicus Curiae Municipal Association of South Carolina. This case concerns whether a person injured while serving a weekend sentence may combine wages from his work as an inmate with wages from his employment during the week for purposes of establishing an average weekly wage for workers’ compensation.
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10:00 a.m. | |
4800 Lois King and Deloris Sims, on behalf of themselves and all others similarly situated, Appellants, v. American General Finance, Inc., Respondent. Daniel W. Williams, of Bedingfield & Williams, of Barnwell, T. Alexander Beard, of Beard Law Offices, of Mt. Pleasant, C. Bradley Hutto, of Williams & Williams, of Orangeburg, Thomas M. Fryar, of Drose Law Firm, of Columbia, Steven W. Hamm, C. Jo Anne Wessinger-Hill and Jocelyn T. Newman, all of Richardson, Plowden & Robinson, of Columbia, and Charles L. Dibble, of Dibble Law Offices, of Columbia, for Appellants. James Y. Becker and Sarah P. Spruill, both of Haynsworth Sinkler Boyd, of Columbia, T. Thomas Cottingham, III, and Sarah B. Kemble, both of Hunton & Williams, of Charlotte, NC, all for Respondent. This case involves consumer loans and the Consumer Protection Code.
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10:30 a.m. | |
4801 Cecil Brazell and Jackie Brazell, Petitioners, v. Audrey B. Windsor, Respondent. Brian Dumas, of Peake Fowler & Associates, of Columbia, for Petitioners. J. Rutledge Young, Jr., Stephen L. Brown, William L. Howard, Sr., and Russell G. Hines, all of Young Clement Rivers, of Charleston, for Respondent. Petitioner filed a breach of contract suit against Respondent. The trial court granted Respondent’s motion to dismiss the remedy of rescission, and the Court of Appeals affirmed. Brazell v. Windsor, 376 S.C. 83, 655 S.E.2d 736 (Ct. App. 2007). We granted a writ of certiorari to review that decision.
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11:00 a.m. | |
4802 In the Matter of David Arthur Braghirol, Respondent. Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel Ericka M. Williams, both of Columbia, for the Office of Disciplinary Counsel. David A. Braghirol, of Columbia, pro se. This is an attorney disciplinary matter.
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Thursday, June 11, 2009 | |
09:30 a.m. | |
4803 Jon E. Hartfield, by and through his Conservator, Haskell L. Hartfield and Haskell L. Hartfield, Individually, Respondents, v. The Getaway Lounge & Grill, Inc., Shou Mei Morris, individually and as President of The Getaway Lounge & Grill, Inc., Appellants. C. Rauch Wise, of Greenwood, for Appellants. Jon E. Newlon, of McCravy, Newlon & Sturkie Law Firm, of Greenwood, for Respondents. Appellants appeal from a $10 million verdict obtained under S.C. Code Ann. § 61-4-580 and an order piercing the corporate veil.
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10:00 a.m. | |
4804 Donald C. Austin, Respondent/Appellant, v. Stokes-Craven Holding Corp., d/b/a Stokes Craven Ford, Appellant/Respondent. Stephen L. Brown and Russell G. Hines, both of Young Clement Rivers, of Charleston, and Scott L. Robinson, of Johnson, McKenzie & Robinson, of Manning, for Appellant/Respondent. C. Steven Moskos, of Charleston, and Brooks R. Fudenberg, of Mt. Pleasent, for Respondent/Appellant. This case involves a cross-appeal of a jury award of actual and punitive damages to the purchaser of a used automobile.
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10:30 a.m. | |
4805 Tommy H. Middleton, Appellant, v. Connery Properties, Inc., Respondent. Benjamin Goldberg, of Charleston, for Appellant. Kerry W. Koon, of Charleston, for Respondent. This case involves the validity of a tax sale.
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11:00 a.m. | |
4806 The State, Respondent, v. Jason Sinatra Edwards, Maceo Latonya Edwards and Jonais Edwards, Petitioners. Steven S. McKenzie, of Johnson, McKenzie and Robinson, of Manning, for Petitioners. 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 Cecil K. Jackson, of Sumter, for Respondent. This case involves a challenge to the trial judge’s granting of the State’s Batson motion.
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Tuesday, June 23, 2009 | |
09:30 a.m. | |
4808 Louis M. Jamison and Evelyn Jamison, Respondents, v. John M. Morris and Kevin Morris d/b/a Morris Texaco Mini Mart, Anderson Oil Co. Inc., Texaco, Inc., and Shell Oil Company, Defendants, of whom John M. Morris and Kevin Morris d/b/a Texaco Mini Mart, Anderson Oil Co. Inc., and Texaco, Inc. are the Appellants. C. Mitchell Brown, William C. Wood, Jr., A. Mattison Bogan and Elizabeth H. Campbell, all of Nelson Mullins Riley & Scarborough, of Columbia, Rebecca Laffitte and Robert E. Horner, both of Sowell Gray Stepp & Laffitte, of Columbia, all for Appellant Anderson Oil Company, Inc. John H. Tiller and Wendy J. Keefer, both of Haynsworth Sinkler Boyd, of Charleston, for Appellants John M. Morris, et al., d/b/a Morris Texaco Mini Mart. Robert H. Hood, Deborah H. Sheffield and James B. Hood, all of Hood Law Firm, of Charleston, for Appellant Texaco, Inc. Richard S. Rosen and Alex B. Cash, both of Rosen, Rosen & Hagood, of Charleston, Wallace K. Lightsey and Meliah D. Bowers, both of Wyche Burgess Freeman & Parham, of Greenville, Matthew T. Richardson, of Wyche Burgess Freeman & Parham, of Columbia, William T. Toal and I. S. Leevy Johnson, both of Johnson, Toal & Battiste, of Columbia, Richard B. Ness, of Ness & Jett, of Bamberg, Nicholas J. Clekis, of Clekis Law Firm, of Charleston, all for Respondents. J. R. Murphy and Jeffrey C. Kull, both of Murphy & Grantland, of Columbia, for Amici Curiae American Petroleum Institute and National Petrochemical and Refiners Association. William L. Taylor, of Taylor & Powell, of Kiawah Island, and Alphonse M. Alfano, of Bassman, Mitchell & Alfano, of Washington, D.C., for Amici Curiae The Petroleum Marketers Association of America, South Carolina Petroleum Marketers Association and National Association of Shell Marketers, Inc. Charles E. Carpenter, Jr., and Carmen V. Ganjehsani, both of Carpenter Appeals & Trial Support, of Columbia, David J. Kaufmann and Kevin M. Shelley, both of Kaufmann Feiner Yamin Gildin & Robbins, of New York, NY, for Amicus Curiae International Franchise Association. John T. Lay, Jr., of Ellis, Lawhorne & Sims, of Columbia, Victor E. Schwartz and Cary Silverman, both of Shook, Hardy & Bacon, of Washington, D.C., for Amici Curiae Chamber of Commerce of the United States of America, American Tort Reform Association and National Federation of Independent Business Legal Foundation. Daniel S. Haltiwanger, of Richardson Patrick Westbrook & Brickman, of Barnwell, for Amicus Curiae South Carolina Sheriff's Association. William O. Sweeny, III, of Sweeny, Wingate & Barrow, of Columbia, Douglas S. Kantor and Michael J. Baratz, both of Steptoe & Johnson, of Washington, D.C., for Amicus Curiae National Association of Convenience Stores. William C. Cleveland, III, of Buist Moore Smythe & McGee, for Amicus Curiae The International Association of Defense Counsel. The defendants appeal from a jury verdict in a case involving injuries to a minor passenger following the alleged sale of alcohol to an underage driver.
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10:30 a.m. | |
4807 The State, Respondent, v. H. Dewain Herring, Appellant. Richard A. Harpootlian and Graham L. Newman, both of Columbia, and Katherine Carruth Goode, of Winnsboro, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General S. Creighton Waters, and Solicitor Warren B. Giese, all of Columbia, for Respondent. This is a direct appeal from the murder conviction of Dewain Herring, a Columbia attorney, who was convicted of murder and pointing and presenting a firearm as a result of shooting at Chastity’s Gold Nightclub. He raises numerous evidentiary and jury charge issues.
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11:00 a.m. | |
4810 Jean McMurray Hill, Trustee of the Jean M. Hill Revocable Trust, Appellant, v. York County Natural Gas Authority, Respondent. Thomas E. Fitz, Jr., Frances Fitz Gaines, John Gregory Fitz, and Joseph Daniel Fitz, II, Appellants, v. York County Natural Gas Authority, Respondent. Thomas E. Fitz, Jr., Frances Fitz Gaines, John Gregory Fitz, and Joseph Daniel Fitz, II, Appellants, v. York County Natural Gas Authority, Respondent. Madison C. Martin and Elizabeth Martin, Appellants, v. York County Natural Gas Authority, Respondent. Irby Carlyle McGill, a/k/a Carlyle McGill, Appellant, v. York County Natural Gas Authority, Respondent. Carlyle McGill, Appellant, v. York County Natural Gas Authority, Respondent. Myrtle Petty, Appellant, v. York County Natural Gas Authority, Respondent. Carlyle McGill, Appellant, v. York County Natural Gas Authority, Respondent. Harry J. Callahan, Jr. and Beverly S. Callahan, Appellants, v. York County Natural Gas Authority, Respondent. A. Camden Lewis and Ariail E. King, both of Lewis & Babcock, of Columbia, and Alford Haselden, of Haselden, Owen & Boloyan, of Clover, for Appellants. William Mark White and W. Chaplin Spencer, Jr., both of Spencer & Spencer, of Rock Hill, for Respondent. This is a property condemnation case.
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Wednesday, June 24, 2009 | |
09:30 a.m. | |
4811 Jonathan Kyle Binney, Petitioner, v. State of South Carolina, Respondent. John H. Blume, of Ithaca, NY, and Emily C. Paavola, of Columbia, for Petitioner. Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General William Edward Salter, III, all of Columbia, and Solicitor Harold W. Gowdy, III, of Spartanburg, for Respondent. Ernest C. Grose, Jr., of Greenwood, for Amicus Curiae South Carolina Public Defender Association. C. Rauch Wise, of Greenwood, for Amicus Curiae South Carolina Association of Criminal Defense Lawyers. Frank L. Eppes, of Eppes & Plumblee, of Greenville, for Amicus Curiae South Carolina Trial Lawyer's Association. Joseph L. Savitz, III, and Robert M. Dudek, both of Columbia, for Amicus Curiae Appellate Defense. John S. Nichols, of Bluestein Nichols Thompson & Delgado, of Columbia, Kathy Lynn Osborn and Mary Kristin Glazner, both of Baker & Daniels, of Indianapolis, IN, for Amicus Curiae Professors of Legal Ethics. Cecil K. Jackson, of Sumter, for Amicus Curiae Solicitor's Association. This Court granted a petition for a writ of certiorari to review the decision of the PCR court denying Petitioner’s motion seeking the return of his trial file and the disqualification of the attorneys for the State who reviewed his trial file.
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10:00 a.m. | |
4812 Charlean L. Eason, Appellant/Respondent, v. Fredrick W. Eason, Respondent/Appellant Kenneth C. Porter, of Porter & Rosenfeld, of Greenville, for Appellant/ Respondent. J. Falkner Wilkes, of Greenville, for Respondent/ Appellant. In this cross-appeal, Wife argues, inter alia, the family court erred in holding that the parties’ agreement to not sue for divorce based on adultery was void against public policy. Husband argues the family court erred in failing to terminate Wife’s right to alimony based on continued cohabitation with her boyfriend.
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10:30 a.m. | |
4809 Gregory L. Ayers, M.D., Thomas L. Brown, M.D., Bill R. Chandler, Everette P. Fuller, M.D., and Reidville Investment Properties, LLC., Respondents, v. W. E. Freeman, Petitioner. O. W. Bannister, of Bannister, Wyatt & Kappel, of Greenville, for Petitioner. Mason A. Goldsmith and M. Kyle Thompson, both of Love, Thornton, Arnold & Thomason, of Greenville, for Respondents. This case arises from a dispute among partners to a joint real estate development venture.
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Cases to be Submitted Without Oral Argument | |
Matthew T. Brown, 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 Ashley McMahan, all of Columbia, for Petitioner. Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. |
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Brandon Leandre Brown, 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 Julie M. Thames, all of Columbia, for Petitioner. Deputy Chief Appellate Defender Wanda H. Carter, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. |
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Tony Leonard, Petitioner, v. State of South Carolina, Respondent. |
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C. Rauch Wise, of Greenwood, 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 Brian T. Petrano, all of Columbia, for Respondent. |
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Cory T. Credell, 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 Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Mary S. Williams, all of Columbia, for Respondent. |
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Stacy Raysor, 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 Brian T. Petrano, all of Columbia, for Petitioner. Joshua Kendrick, of Columbia, for Respondent. |
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David Sojourner, Appellant, v. Town of St. George and the County of Dorchester, Respondents. |
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Frances I. Cantwell, of Regan and Cantwell, of Charleston, for Appellant. Trudy Robertson, of Moore & Van Allen, of Charleston, for Respondent Town of St. George. Gary T. Pope, Belton T. Zeigler, Margaret C. Pope, all of Pope Zeigler, LLC, of Columbia, and John G. Frampton, of Chellis & Frampton, of Summerville, for Respondent County of Dorchester. |