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September 2013 |
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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 17, 2013 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 10-10-5) |
2011-188646 The State, Respondent,
v.
Wesley Smith, Petitioner. Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Christina J. Catoe, all of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent. In this appeal, the Court reviews the decision of the court of appeals in State v. Wesley Smith, 391 S.C. 353, 705 S.E.2d 491 (Ct. App. 2011) affirming Petitioner's conviction for homicide by child abuse in violation of S.C. Code section 16-3-85(A)(2). |
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10:00 a.m. | (Time Limits: 10-10-5) |
2011-201666 White Oak Manor, Inc. and White Oak Manor - York, Inc., Petitioners,
v.
Lexington Insurance Company, Caronia Corporation and Certain Underwriters at Lloyd's London, subscribing to Certificate No. UP02US382030, Defendants,
of whom Lexington Insurance Company is the Respondent. Joshua Matthew Henderson and Matthew A. Henderson, both of Henderson Brandt & Vieth, P.A., of Spartanburg, for Petitioner. Peter H. Dworjanyn, Christian Stegmaier and Amy L. Neuschafer, all of Collins and Lacy, PC, of Columbia, for Respondent. The Court granted certiorari to review the court of appeals' opinion holding that Section 5-19-270 of the South Carolina Code provides the exclusive method of service on a foreign insurance company. |
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Wednesday, September 18, 2013 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 20-20-10) |
2011-194946 Ann Coleman, individually, and as Personal Representative of the Estate of Mary Brinson, Respondent,
v.
Mariner Health Care, Inc., f/k/a Mariner Post Acute Network, LLC, Mariner Health Care Management Company, Mariner Health Central, Inc., Mariner Health Group, Inc., MHC Holding Company, MHC Florida Holding Company, MHC Gulf Coast Holding Company, MHC MidAmerica Holding Company, MHC Rocky Mountain Holding Company, MHC Northeast Holding Company, MHC West Holding Company, MHC Texas Holding Company, MHC MidAtlantic Holding Company, Living Centers-Southeast, Inc., Grancare South Carolina, Inc., Individually and d/b/a Faith Health Care Center, SavaSeniorCare Management, LLC, SavaSeniorCare Administrative Services, LLC, SavaSeniorCare, LLC, SavaSeniorCare, Inc., National Senior Care, Inc., Palmetto Health Care, LLC, Palmetto Faith Operating, LLC, Individually and d/b/a Faith Health Care Center, Ask Holdings, LLC, Leonard Grunstein, an Individual, Murray Forman, an Individual, Boyd P. Gentry, an Individual, Abraham Shaulson, a/k/a Abraham Shavlson, a/k/a A. Shawson, a/k/a Abraham Shawson, an Individual, Avi Klein, an Individual, SC Property Holdings, LLC, SC Faith, LLC, and John Does 1-26, Defendants,
Of whom Mariner Health Care, Inc., f/k/a Mariner Post Acute Network, LLC, Mariner Health Care Management Company, Mariner Health Central, Inc., Mariner Health Group, Inc., MHC Holding Company, MHC Florida Holding Company, MHC Gulf Coast Holding Company, MHC MidAmerica Holding Company, MHC Rocky Mountain Holding Company, MHC Northeast Holding Company, MHC West Holding Company, MHC Texas Holding Company, MHC MidAtlantic Holding Company, Living Centers-Southeast, Inc., Grancare South Carolina, Inc., Individually and d/b/a Faith Health Care Center, SavaSeniorCare Administrative Services, LLC, SavaSeniorCare, LLC, SavaSeniorCare, Inc., National Senior Care, Inc., Palmetto Faith Operating, LLC, Individually and d/b/a Faith Health Care Center, Leonard Grunstein, an Individual, Murray Forman, an Individual, and Boyd P. Gentry, an Individual, are Appellants. Sandra L. W. Miller, of Womble Carlyle Sandridge & Rice, LLP, of Greenville, Perry D. Boulier and W. McElhaney White, both of Holcombe Bomar, P.A., of Spartanburg, D. Jay Davis, Jr., William L. Howard and Russell G. Hines, all of Young Clement Rivers, LLP, of Charleston, Carmelo Barone Sammataro and Robert Gerald Chambers, Jr., both of Turner Padget Graham & Laney, P.A., of Columbia, Malcolm J. Harkins, III, of Proskauer Rose, LLP, of Washington, DC and Lori D. Proctor, of Serpe, Jones, Andrews, Callender & Bell, PLLC, of Houston, Texas, for Appellants. John S. Nichols, of Bluestein, Nichols, Thompson & Delgado, LLC, of Columbia, Matt Christian, of Christian and Davis, LLC, of Greenville, and Marion S. Fowler, III, of Fowler Law Firm, of Lake City, for Respondent. Kenneth W. Zeller, of Washington, DC, for Amicus Curiae, AARP Foundation Litigation. This is a direct appeal from a series of orders denying a nursing home and its affiliated entities and individuals request for arbitration. |
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10:00 a.m. | (Time Limits: 10-10-5) |
2011-201026 Ursula R. Pallares, Appellant,
v.
Sharon R. Seinar and Lisa A. Maseng, Respondents. John D. Elliott, of Columbia, for Appellant. Tobias Gavin Ward, Jr., James Derrick Jackson, Evans T. Barnette, of Johnson & Barnette, LLP, and Robert A. McKenzie, of McDonald, McKenzie, Rubin, Miller and Lybrand, LLP, all of Columbia, for Respondents. Ursula Pallares brought this action asserting five causes of action against her neighbors, Sharon Seinar and Lisa Maseng (Respondents) as a result of an ongoing dispute. The circuit court granted summary judgment to Respondents on Pallares's claims for malicious prosecution, abuse of process, and civil conspiracy, but denied summary judgment as to the remaining claims of invasion of privacy and intentional infliction of emotional distress. Pallares now appeals the grant of summary judgment on her claims for malicious prosecution and abuse of process. |
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10:30 a.m. | (Time Limits: 15-15-5) |
2011-194646 L. Paul Trask, Jr., Personally, and as Next of Kin and as the Duly Appointed Personal Respresentative of the Estate of L. Paul Trask, III, deceased, and Meredith C. Trask, Petitioners,
v.
Beaufort County, Curtis Copeland, in his Official Capacity as Coroner of Beaufort County and Individually, and Copeland Company of Beaufort, LLC, Defendants,
of whom Curtis Copeland, Individually and Copeland Company of Beaufort, LLC, are Respondents. Stephen Peterson Groves, Sr. and Jeffrey Scott Tibbals, Sr., both of Nexsen Pruet, LLC, of Charleston, and Thomas S. Tisdale, Jr., of Hellman & Yates, PA, of Charleston, for Petitioners. Andrew F. Lindemann, of Davidson & Lindemann, PA, of Columbia, and Marshall H. Waldron, Jr., of Griffith Sadler & Sharp, PA, of Beaufort, for Respondents. In this appeal, the Court reviews the decision of the court of appeals in Trask v. Beaufort County, 392 S.C. 560, 709 S.E.2d 536 (Ct. App. 2011) insofar as certain claims relate to Curtis Copeland Individually and Copeland Company of Beaufort, LLC. |
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Thursday, September 19, 2013 | |
Supreme Court Courtroom
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09:30 a.m. | (Time Limits: 20-20-10) |
2011-194189 Frances S. Hudson, Deceased Employee, by Kenneth L Hudson and Keith B. Hudson, Co-Executors of her Estate, as well as Matthew Deese and/or Andrew Deese, of whom Kenneth L. Hudson and Keith B. Hudson are Petitioners/Respondents,
v.
Lancaster Convalescent Center, Employer, and Legion Insurance Company, In Liquidation through the South Carolina Property and Casualty Insurance Guaranty Association, Carrier, Respondents/Petitioners. Andrew Nathan Safran, of Columbia, for Petitioner/Respondent. E. Ros Huff, Jr., and Shelby Hapeshis Kellahan, both of Irmo, Mark Davis Cauthen and Temus C. Miles, Jr., both of McKay Cauthen Settana & Stubley, PA, of Columbia, for Petitioners/Respondents. This case concerns the award and disposition of a lump sum workers compensation benefit when the beneficiary dies while the award's appeal is pending. |
Cases to be Submitted Without Oral Argument | |
Charles Pagan, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Robert M. Pachak, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Tyson A. Johnson, Sr., both of Columbia, for Respondent. |
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Thomas McCall Jr., Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent. |
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Braxton J. Bell, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender LaNelle Cantey DuRant, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General John Walter Whitmire, of Columbia, for Respondent. |
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Timothy Dion Rogers, Respondent, v. State of South Carolina, Petitioner. |
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Diana L. Holt, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Attorney General William Edgar Salter, III and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Petitioner. |
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Donald C. Austin, Respondent, v. Stokes-Craven Holding Corp., d/b/a Stokes Craven Ford, Appellant. |
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Andrew K. Epting, Jr. and Michelle Nicole Endemann, both of Epting Law, of Charleston, for Appellant. Brooks Robert Fudenberg, of Mt. Pleasant and C. Steven Moskos, of Charleston, for Respondent. |
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Richard Alvin Sims, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender David Alexander, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General J. Rutledge Johnson, both of Columbia, for Respondent. |