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September 2005 |
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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, September 20, 2005 | |
09:30 a.m. | |
4089 South Carolina State Ports Authority, Petitioner v. Jasper County and the Jasper County Ports Authority, Respondents. C. Mitchell Brown and Kevin A. Hall, both of Nelson Mullins Riley & Scarborough, of Columbia, for Petitioner. A. Camden Lewis, Keith M. Babcock and Brady T. Thomas, all of Lewis, Babcock & Hawkins, of Columbia; and Marvin C. Jones, of Bogoslow, Jones, Stephens & Duffie, PA, of Walterboro, for Respondents. The Supreme Court accepted this case in its original jurisdiction. The issues are (1) whether the South Carolina State Ports Authority has the exclusive right to develop ports on the Savannah River; (2) in the alternative, whether the South Carolina State Ports Authority has a superior right to condemn land proposed for port development on the Savannah River; and (3) whether the South Carolina State Ports Authority is entitled to injunctive relief preventing Jasper County from engaging in any further activity inconsistent with such declaratory judgments.
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10:00 a.m. | |
4090 Hitachi Electronic Devices (USA), Inc., Respondent v. Platinum Technologies, Inc., Platinum Technology Financial Services, Computer Associates International, Inc., NewCourt Financial USA, Inc. and CIT Group, Inc., Defendants, Of Which Platinum Technologies, Inc., Platinum Technology Financial Services, and Computer Associates International, Inc. are Petitioners. H. Donald Sellers, Boyd B. Nicholson, Jr. and Joel M. Bondurant, Jr., all of Haynsworth Sinkler Boyd, P.A., of Greenville, for Petitioners. William S. Brown and Henry M. Burwell, both of Nelson Mullins Riley & Scarborough, of Greenville, for Respondent. The Court granted a writ of certiorari to review Hitachi Elec. Devices (USA), Inc. v. Platinum Tech., Inc., Op. No. 2003-UP-766 (S.C. Ct. App. filed December 31, 2003). The case involves a contract for the sale of goods. The issue is whether the Court of Appeals erred in holding that a buyer’s failure to give seasonable notice of breach of contract, as required by article 2 of the Uniform Commercial Code, does not prevent the buyer from pursuing common-law remedies for breach of contract or a particular remedy agreed upon by the buyer and seller.
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10:30 a.m. | |
4041 In the Matter of Gene W. Dukes, Respondent. Attorney General Henry Dargan McMaster, Deputy Attorney General Treva G. Ashworth and Assistant Deputy Attorney General J. Emory Smith, Jr., all of Columbia, for the Office of Disciplinary Counsel. A. Camden Lewis, of Lewis, Babcock & Hawkins, of Columbia, for Respondent. This is an attorney discipline matter.
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Wednesday, September 21, 2005 | |
09:30 a.m. | |
4091 Michael E. Upchurch, Respondent v. Susan O. Upchurch, Petitioner. Gregory Samuel Forman, of Charleston, for Petitioner. Lucius Scott Harvin, of Walterboro, for Respondent. This case involves the issues of whether the court of appeals erred in dismissing the petitioner’s appeal as untimely, and whether the family court applied the correct standard in awarding child support.
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10:00 a.m. | |
4092 Owners Insurance Company, Plaintiff v. Charles Salmonsen, individually and on behalf of all others similarly situated, CGD, Inc., f/k/a Charleston Gypsum Dealers & Supply Co., Inc., Frank Crider, Raymond G. Walford, Henry (Hank) Futch, and Harold (Hal) Futch, Defendants. Morgan S. Templeton and Graham P. Powell, both of Elmore & Wall, P.A., of Charleston, for Plaintiff. Mary L. Arnold and David Athell Collins, both of Mt. Pleasant and Steven L. Smith, of Smith, Collins and Newton, P.A., of North Charleston, for Defendants. This is certified question from the federal district court regarding the meaning of the term "occurrence" in a commercial general liability insurance policy.
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10:30 a.m. | |
4093 The State, Respondent v. Jessie Waylon Sapp, Appellant. Acting Chief Attorney Joseph L. Savitz, III, of the Office of Appellate Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia; and Solicitor Ralph E. Hoisington, of Charleston, for Respondent. This is a death penalty case involving the shooting death of a Berkeley County Highway patrolman. Sapp raises several evidentiary issues on appeal, as well as the trial court’s removal of a juror for cause.
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Thursday, September 22, 2005 | |
4095 ORAL ARGUMENT CANCELLED - CASE WILL BE SUBMITTED ON RECORD AND BRIEFS - Robert Manes, Collete Manes, Danny R. Cohen, Roy A. Munn, Frederick R. Martin, Franklin R. Martin, Phillip J. Godbey and Sarah A. Godbey, Plaintiffs, Of Whom Frederick R. Martin is, Appellant v. Rita B. Thomas and L.J. Thomas, Jr., Respondents. Julian H. Toporek, of Savannah, GA, for Appellant. Darrell T. Johnson, Jr., of Hardeeville, and R. Thayer Rivers, Jr., of Ridgeland, for Respondents.
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09:30 a.m. | |
4096 In the Matter of Walter W. Brooks, Respondent. Attorney General Henry Dargan McMaster and Assistant Deputy Attorney General J. Emory Smith, Jr., of Columbia, for the Office of Disciplinary Counsel. Jack B. Swerling, of Columbia, for Respondent.
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Cases to be Submitted Without Oral Argument | |
Avery M. Wells, Petitioner v. State of South Carolina, Respondent |
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Acting Deputy Chief Attorney Wanda P. Carter, of the 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 Christopher L. Newton, all of Columbia, for Respondent. |
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William D. Taylor, Petitioner v. State of South Carolina, Respondent. |
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Assistant Appellate Defender Robert M. Pachak, of the 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 Elizabeth R. McMahon, all of Columbia, for Respondent. |
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Jonathan Williams, Respondent v. State of South Carolina, Petitioner. |
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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Petitioner. Tara Dawn Shurling, of Columbia, for Respondent. |
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Leroy E. Glaze, Petitioner v. State of South Carolina, Respondent. |
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Assistant Appellate Defender Robert M. Dudek, of the 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 Adrianne Turner, all of Columbia, for Respondent. |