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October 2003 |
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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, October 7, 2003 | |
09:30 a.m. | |
3752 The State, Respondent v. Jerry Rosemond, Petitioner. Assistant Appellate Defender Robert M. Dudek, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent. This case involves the issue of whether the Court of Appeals erred by finding petitioner was not entitled to a directed verdict on the charge of strong armed robbery.
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10:00 a.m. | |
3753 Kiawah Property Owners Group, Appellant v. The Public Service Commission of South Carolina, Respondent and Kiawah Island Utility, Inc., Intervenor-Respondent. Michael A. Molony and Lea Kerrison, both of Young, Clement, Rivers & Tisdale, of Charleston, for Appellant. Fred David Butler, of South Carolina Public Service Commission, of Columbia, for Respondent. G. Trenholm Walker and Clayton B. McCullough, both of Pratt-Thomas, Epting & Walker, of Charleston, for Intervenor-Respondent.
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10:30 a.m. | |
3754 In the Matter of Jack T. Flom, Respondent. Attorney General Henry Dargan McMaster and Senior Assistant Attorney General James G. Bogle, Jr., both of Columbia, for the Office of Disciplinary Counsel. Jack T. Flom, of Jacksonville, Florida, pro se.
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Wednesday, October 8, 2003 | |
09:30 a.m. | |
3755 William O. Bradford, Respondent v. City of Mauldin, Arbor Engineering, Inc., and Carter Grading, Defendants, of whom City of Mauldin is Petitioner. Andrew F. Lindemann and William H. Davidson, II, both of Davidson, Morrison & Lindemann, of Columbia, for Petitioner. Rodney M. Brown, of Younts, Alford, Brown & Goodson, of Fountain Inn, for Respondent. Did the Court of Appeals err in not granting a JNOV or directed verdict in a riparian rights case involving the "Virginia Rule
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10:00 a.m. | |
3756 Jackie B. Holliday, Petitioner v. Leslie Cooley d/b/a Total Look Hair Salon and Melanie Cooley, Respondents. Rodney M. Brown, of Younts, Alford, Brown & Goodson, of Fountain Inn, for Petitioner. Phillip E. Reeves and Jennifer D. Eubanks, both of Gallivan, White & Boyd, of Greenville, for Respondents. Did the trial judge properly address the jury as to facts concerning Petitioner's collateral payment of medical bills?
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10:30 a.m. | |
3757 The State, Respondent/Petitioner v. Roy Edward Hook, Petitioner/ Respondent. Katherine Carruth Link, of Columbia; and South Carolina Office of Appellate Defense, of Columbia, for Petitioner-Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Assistant Attorney General Melody J. Brown, all of Columbia; and Solicitor Barbara Morgan, of Aiken, for Respondent-Petitioner. This case involves the admissibility of a probationer's incriminating statement to his probation agent.
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Thursday, October 9, 2003 | |
09:30 a.m. | |
3758 Case No. 96-CP-32-0968 Wannelle Hedgepath, Andrew Hedgepath and Kristin Hedgepath, Plaintiffs v. American Telephone and Telegraph Company, a corporation, AT&T Nassau Metals Corporation, Gaston Copper Recycling Corporation and Southwire Company, Defendants. Case No. 96-CP-32-1016 Karen Mack as Personal Representative of the Estate of Toby L. Sharpe, Sr., Petitioner v. American Telephone and Telegraph Company, a corporation, and AT&T Nassau Metals Corporation, Defendants and Gaston Copper Recycling Corporation and Southwire Company, Respondents. Case No. 96-CP-32-2573 Maggie Banyard, et al., Plaintiffs v. American Telephone and Telegraph Company, a corporation, AT&T Nassau Metals Corporation, Gaston Copper Recycling Corporation and Southwire Company, Defendants. Raymon E. Lark, Jr., of Austin, Lewis & Rogers, of Columbia, for Petitioner. Mark S. Barrow and William R. Calhoun, Jr., both of Sweeny, Wingate & Barrow, of Columbia, for Respondents Gaston Copper Recycling and Southwire Company in 96-CP-32-1016. Harold W. Jacobs, of Nexsen, Pruet, Jacobs & Pollard, of Columbia; and James H. Bratton, Jr., of Atlanta, GA, for Defendants Gaston Copper Recycling and Southwire Company in 96-CP-32-0968 and 96-CP-32-2573. C. Mitchell Brown, of Nelson, Mullins, Riley & Scarborough, of Columbia; L. Walter Tollison, III, and Elizabeth M. McMillan, both of Nelson, Mullins, Riley & Scarborough, of Greenville, for Defendants American Telephone and Telegraph Company and AT&T Nassau Metals Corporation. This case involves the issue of whether the trial court erred in failing to apply the doctrine of equitable estoppel to bar the defense of the statute of limitations.
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10:00 a.m. | |
3759 Philip S. Porter, Consumer Advocate for the State of South Carolina, Appellant v. South Carolina Public Service Commission, South Carolina Telephone Association and Verizon South, Inc., Respondents. South Carolina Cable Television Association and Southeastern Competitive Carriers Association, Appellants v. South Carolina Public Service Commission, South Carolina Telephone Association and Verizon South, Inc., Respondents. Frank R. Ellerbe, III, and Bonnie D. Shealy, both of Robinson, McFadden & Moore, of Columbia, for Appellants South Carolina Cable Television Association and Southeastern Competitive Carriers Association. Elliott F. Elam, Jr., of South Carolina Department of Consumer Affairs, of Columbia, for Appellant Philip S. Porter, Consumer Advocate for the State of South Carolina. Fred David Butler, of Columbia, for Respondent South Carolina Public Service Commission. M. John Bowen, Jr., Margaret M. Fox and Robert T. Bockman, all of McNair Law Firm, of Columbia, for Respondent South Carolina Telephone Association. Steven W. Hamm, of Richardson, Plowden, Carpenter & Robinson, of Columbia, for Respondent Verizon South, Inc. This cases involves several challenges to the decisions of the South Carolina Public Service Commission in establishing and implementing the Universal Service Fund.
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10:30 a.m. | |
3760 In the Matter of Harold M. Chandler, Respondent. Disciplinary Counsel Henry B. Richardson and Assistant Disciplinary Counsel Barbara M. Seymour, both of Columbia, for the Office of Disciplinary Counsel. Harold M. Chandler, of Surfside Beach, pro se. An attorney disciplinary matter which involves multiple allegations of misconduct.
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Tuesday, October 21, 2003 | |
09:30 a.m. | |
3761 Elizabeth Darlene Dorrell, Appellant v. South Carolina Department of Transportation, APAC-Carolina, Inc. and APAC-Georgia, Inc., Defendants, of whom APAC-Carolina, Inc. is Respondent. Frank J. Bryan, of Floyd & Prevatte, of Surfside Beach; and J. Matthew Dove, of Murrells Inlet, for Appellant. Robert L. Widener, of McNair Law Firm, of Columbia; William W. Doar, Jr., of McNair Law Firm, of Georgetown; and Peter Murnaghan, of Murnaghan & Ferguson, of Tampa, Florida, for Respondent. Does a contract between a paving company and the Department of Transportation limit the paving company’s liability to an injured motorist after the resurfacing work has been completed and accepted?
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10:00 a.m. | |
3762 Wanda Stanley, Respondent v. Kevin Kirkpatrick, in his official capacity as Columbia Dog Catcher, Petitioner. Dana M. Thye, of Office of the City Attorney, of Columbia, for Petitioner City of Columbia. Danny C. Crowe, of Turner, Padget, Graham and Laney, of Columbia, for Kevin Kirkpatrick, in his Individual Capacity. M. Baron Stanton, of Stanton Law Offices, of Columbia, for Respondent. William H. Davidson, II, and Kenneth P. Woodington, both of Davidson, Morrison & Lindemann, of Columbia, for Amicus Curiae South Carolina Municipal Association.
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10:30 a.m. | |
3763 The State, Respondent v. Kenneth Curtis, Appellant. C. Rauch Wise, of Greenwood, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Charles H. Richardson, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia; and Solicitor Robert M. Ariail, of Greenville, for Respondent.
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Wednesday, October 22, 2003 | |
09:30 a.m. | |
3764 Peoples Federal Savings and Loan Association of South Carolina, Appellant/Respondent v. Resources Planning Corporation; Litchfield Plantation Company, Inc., Litchfield Plantation Association, Inc., Louise P. Parsons, a/k/a Louise Price Parsons, Respondents/Appellants, and Lee R. Minton; Doris N. Beal; Joseph R. Bunn, II; Angela R. Bunn; Jeane M. Chapman; Jacqueline R. Coble; James Davies; Carol F. Davies; Cora N. Davis, Trustee; Thomas L. Davy, Jr.; Jeanita S. Davy; Kevin W. Dickey; Christopher S. Dickey; William Talley Elliott, Jr.; Emma T. Fairey; William F. Fairey; Hugh M. Farr; Ella Ray Farr; Anne C. Forrester; Donald Gregg; Elizabeth L. Gregg; James H. Herbert; Elizabeth T. Herbert; Robert L. Jones, Trustee of Robert O. Jones Retirement Trust; Robert D. Klemme; M. Virginia Klemme; Kathleen W. Lipscomb; Virginia W. Mackey; Winifred C. Moore; Ruby G. McManus; Adelaide S. Nichols; James E. Scott, II, Business Assets Trust; Jane Martin Smith; and James Harrison Whitner, IV, Trustee, Respondents. Michael W. Battle and Victoria T. Vaught, both of Battle & Vaught, of Conway; and Douglas K. Muller, of Moore & Van Allen, of Charleston, for Appellant-Respondent. Howell V. Bellamy, Jr., and Douglas M. Zayicek, both of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, of Myrtle Beach, for Respondents-Appellants Resources Planning Corporation, Litchfield Plantation Company, Inc., and Louise P. Parsons. Robert L. Widener and Robert W. Dibble, Jr., both of McNair Law Firm, of Columbia, for Respondent-Appellant Litchfield Plantation Association, Inc., and all Respondents. This appeal addresses numerous issues regarding developer's rights, restrictive covenants, and damages.
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10:00 a.m. | |
3765 Teresa Cooper, Appellant v. James Wade, Jr., Respondent. Samuel Darryl Harms, of Harms Law Firm, of Greenville, for Appellant. C. Mitchell Brown, Elizabeth H. Campbell and Jeffrey S. Patterson, all of Nelson, Mullins, Riley & Scarborough, of Columbia; A.M. Quattlebaum, Jr., of Nelson, Mullins, Riley & Scarborough, of Greenville; and Wes A. Kissinger, of Clarkson, Walsh, Rheney & Turner, of Greenville, for Respondent. Are communications between an insured and her non-attorney insurance adjuster, and documents prepared by that adjuster, protected by the attorney-client privilege and/or the work product privilege and therefore not subject to discovery?
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10:30 a.m. | |
3770 James R. Henry, Appellant v. Natasha R. Harris, Respondent. Samuel Darryl Harms, of Harms Law Firm, of Greenville, for Appellant. Robert D. Moseley, Jr., and Paul E. Hammack, both of Leatherwood, Walker, Todd & Mann, of Greenville, for Respondent. Do the Rules of Evidence permit an insurance adjuster to testify about his investigation of an accident and his conversations with the insured? Are the mental impressions of an adjuster, formed during the investigation, subject to discovery?
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Cases to be Submitted Without Oral Argument | |
Ex Parte: Charles M. Watson, Jr., County Attorney for Greenwood County, Petitioner. In Re: The Unauthorized Practice of Law. |
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Charles M. Watson, Jr., County Attorney for Greenwood County, of Greenwood, for Petitioner. Robert M. Bell, County Attorney for Aiken County, of Langley, for Respondent Aiken County. Thomas L. Martin, County Attorney for Anderson County, of Anderson, for Respondent Anderson County. Kelly Jean Golden, County Attorney for Beaufort County, of Beaufort, for Respondent Beaufort County. Charles Heath Ruffner, County Attorney for Chesterfield County, of Cheraw, for Respondent Chesterfield County. A.J. Tothacer, Jr., County Attorney for Greenville County, of Greenville, for Respondent Greenville County. Alexander Cruikshanks, IV, County Attorney for Laurens County, of Clinton, for Respondent Laurens County. Hubbard W. McDonald, Jr., County Attorney for Marlboro County, of Bennettsville, for Respondent Marlboro County. D'Anne Haydel, County Attorney for Orangeburg County, of Orangeburg, for Respondent Orangeburg County. |
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Safeco Insurance Company, Respondent v. Balanced Health Concepts, Inc., n/k/a ABC's of Health, Inc., Appellant. |
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Lonnie E. Willoughby, Jr., of Greenville, as President for Appellant Balanced Health Concepts, Inc., n/k/a ABC's of Health, Inc., pro se. R. Ray Woodard, of Woodard & Butler, of Walterboro, for Respondent. |
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James Robert Stevenson, Petitioner v. State of South Carolina, Respondent. |
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Senior Assistant Appellate Defender Wanda H. Haile, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, Capital and Collateral Litigation Donald J. Zelenka, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General David A. Spencer, all of Columbia, for Respondent. |
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Natalio A. Perez, Petitioner v. State of South Carolina, Respondent. |
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Assistant Appellate Defender Tara S. Taggart, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General W. Bryan Dukes, all of Columbia, for Respondent. |
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Jerome Mackey, Petitioner v. State of South Carolina, Respondent. |
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Senior Assistant Appellate Defender Wanda H. Haile, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General B. Allen Bullard, Jr., and Assistant Attorney General W. Bryan Dukes, all of Columbia, for Respondent. |