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Supreme Court Seal
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, October 4, 2005
 09:30 a.m.
4101   Mary P. Brown, individually and in her capacity as Berkeley County Clerk of Court, Appellant/Respondent v. The County of Berkeley, James H. Rozier, Jr., in his official capacity as Berkeley County Supervisor and Chairman of Berkeley County Council and individually; William E. Crosby, in his official capacity as Vice Chairman of Berkeley County Council and individually; Charles E. Davis, Steve C. Davis, Milton Farley, Dennis L. Fish, Judy C. Mims, Caldwell Pinkney, Jr., and Judith K. Spooner, each in their official capacity as Berkeley County Council members and individually, Defendants, of whom The County of Berkeley, James H. Rozier, Jr., in his official capacity as Berkeley County Supervisor and Chairman of Berkeley County Council and individually; William E. Crosby, in his official capacity as Vice Chairman of Berkeley County Council and individually; Charles E. Davis, Steve C. Davis, Milton Farley, Dennis L. Fish, Caldwell Pinkney, Jr., and Judith K. Spooner, each in their official capacity as Berkeley County Council members and individually are Respondents/Appellants and Judy C. Mims is Respondent.

Margaret D. Fabri, of Charleston, for Appellant-Respondent. Sandra J. Senn and Stephanie P. McDonald, both of Charleston, and D. Mark Stokes, of Moncks Corner, for Respondents-Appellants. James A. Stuckey, Jr., of Stuckey Law Offices, of Charleston, for Respondent.

This case involves an appeal of the denial of a request for a preliminary injunction preventing a “special audit” of the Berkeley County Clerk of Court’s Office. The individual defendants cross-appeal the denial of their motion to dismiss Mary P. Brown’s claims for defamation, defamation per se, and intentional infliction of emotional distress.

 10:00 a.m.
4102   Holly C. Gamble, Petitioner v. John M. Parker, Winston-Carlyle Inc. I LLC, Winston-Carlyle, Inc. Park West LLC, Winston-Carlyle & Company Inc., and Southport Capital Corporation, Respondents.

James Emerson Smith, Jr., of Smith, Ellis & Stuckey, of Columbia, and Julianne Farnsworth, of Farnsworth Law Firm, of Columbia, for Petitioner. Mark Weston Hardee, of Columbia, for Respondents.

This is an appeal from a directed verdict in a case seeking to recover real estate commissions.

 10:30 a.m.
4103   Lorraine S. Wilson, Joseph Pinckney, Jr., Michael Libson, Judy Spradley, Clifford Middleton and Arthur Meeks, on behalf of themselves and others similarly situated, Appellants v. Style Crest Products, Inc., Tie Down Engineering, Minute Man Products, Champion Home Builders Co., CMH Manufacturing Inc. d/b/a Clayton Homes, Inc., Fleetwood Enterprises, Inc., Fleetwood of Georgia, Inc., Horton Homes d/b/a Dynasty Homes, Inc. and d/b/a H&S Homes, HBOS Manufacturing, Limited Partnership a/k/a HBOS Manufacturing, LP successor in interest of Schult Homes Corporation, successor in interest of Homes by Fisher, Inc. and Southern Energy Homes, Defendants, of whom Style Crest Products, Inc., Tie Down Engineering, Minute Man Products, Champion Home Builders Co., CMH Manufacturing Inc. d/b/a Clayton Homes, Inc., Fleetwood Enterprises, Inc., Fleetwood of Georgia, Inc., Horton Homes d/b/a Dynasty Homes, Inc. and d/b/a H&S Homes and Southern Energy Homes are the Respondents.

Paul J. Doolittle, of Motley Rice LLC, of Mt. Pleasant, and Christopher M. Holmes, of Mt. Pleasant, for Appellants. R. Michael Etheridge, N. Keith Emge, Jr., both of Carlock, Copeland, Semler & Stair, of Charleston, C. Tyson Nettles, of Robertson & Hollingsworth, of Charleston, Cari Hicks, of Leatherwood, Walker, Todd & Mann, of Greenville, and Robert Lyles, of Lyles & Lyles, of Charleston, for Respondent Tie Down Engineering. John K. Blincow, Jr., Sean A. O'Connor, both of Turner, Padget, Graham & Laney, of Charleston, Charles E. Carpenter, Jr., Steven J. Pugh and Drew Hamilton Butler, all of Richardson, Plowden, Carpenter & Robinson, of Columbia, for Respondent Style Crest Products Inc. Michael A. Scardato, of McNair Law Firm, of Charleston, Robert L. Widener, of McNair Law Firm, of Columbia, and Albert A. Lacour, III, of Clawson & Staubes, LLC, of Charleston, for Respondent Minute Man Products. Benjamin D. McCoy, Andrew E. Haselden and Rowland P. Alston, III, all of Howser, Newman & Besley, LLC, of Columbia, for Respondent CMH Manufacturing Inc. S. Keith Hutto, C. Mitchell Brown and William H. Latham, all of Nelson Mullins Riley & Scarborough, of Columbia, for Respondents Fleetwood Enterprises, Inc., Fleetwood Homes of Georgia, Inc. and Champion Enterprises. J. Boone Aiken, of Aiken, Bridges, Nunn, Elliott & Tyler, P.A., of Florence, for Respondents Horton Homes,d/b/a Dynasty Homes, Inc., d/b/a H&S Homes. Morgan S. Templeton, of Elmore and Wall, of Charleston, and W. Scott Simpson, of Batchelor & Simpson, of Birmingham, AL, for Respondent Southern Energy Homes.

This is a class action lawsuit in which the appellants contend the respondents manufactured and/or sold inadequate tie-downs for mobile homes. The respondents alleged, inter alia, negligence, breach of express warranty, breaches of implied warranty of workmanlike service and merchantability and fraudulent concealment. The trial court granted the respondents summary judgment because there have been no actual damages or injuries. The respondents contend their damages are the difference between what they bought (i.e. an inadequate tie-down system) and an adequate tie-down system. The issue on appeal is whether the circuit court erred in granting the respondents summary judgment on the breaches of warranty causes of action.

Wednesday, October 5, 2005
 09:30 a.m.
4104   James Vaught, individually, and as Attorney in Fact and/or Trustee for J.M. Vaught, Jr., the Heirs of Thomas B. Vaught, the Heirs of Jean V. Powell, Carol V. Lewis, Harry R. Vaught, Vina V. Floyd, and W.M. Vaught, Jr., Appellants v. A.O. Hardee & Sons, Inc., Respondent.

Robert Norris Hill, of Newberry, and Richard M. Lovelace, Jr., of Conway, for Appellants. Stephen E. Darling and Elizabeth F. Bailey, both of Haynsworth Sinkler Boyd, of Charleston, for Respondent.

The issue in this case is whether the trial court erred in ruling that the proper measure of damages for destroyed noncommercial trees was the difference between the value of the entire premises before and after the fire.

 10:00 a.m.
4105   Dennis Jenkins Graham, Appellant v. Edwin Steve Warren, II, Respondent.

Kevin M. Hughes, of North Myrtle Beach, for Appellant. Diane Rabon Bagnal, of Aynor, for Respondent.

This appeal involves the interpretation of Rule 40(b), SCRCP.

 10:30 a.m.
4106   Jane Smith, Respondent v. John Doe, Petitioner.

H. Wayne Floyd, of West Columbia, for Petitioner. John D. Elliott, of Columbia, for Respondent.

This Court granted certiorari to review whether the statute of limitations barred an action for paternity and child support on behalf of a disabled adult.

Thursday, October 6, 2005
 09:30 a.m.
4107   The State, Respondent v. Marion Bowman, Jr., Appellant.

Assistant Appellate Defender Robert M. Dudek, of 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, Assistant Attorney General S. Creighton Waters, all of Columbia, and Solicitor David M. Pascoe, Jr., of Summerville, for Respondent.

This death penalty case involves the issues of: (1) whether the trial court erred by failing to instruct the jury on a statutory mitigating circumstance; (2) whether the trial court abused its discretion by allowing the solicitor to ask a prison consultant witness about prison conditions; (3) whether the trial court erred by refusing to grant a mistrial when the solicitor asked that same witness about the possibility of escape; (4) whether the trial court was without subject matter jurisdiction to try appellant for capital murder; and (5) whether the trial court erred by refusing to suppress a watch and liquid material found on appellant’s pants since the pants were seized during an allegedly illegal arrest.

 10:00 a.m.
4108   Gregory Tillotson, Respondent v. Keith Smith Builders, Petitioner.

James W. Logan, Jr., of Logan, Jolly & Smith, LLP, of Anderson, for Petitioner. Kenneth C. Porter, of Porter & Rosenfeld, of Greenville, for Respondent. Jack D. Griffeth, of Love, Thornton, Arnold & Thomason, of Greenville, for Amicus Curiae The South Carolina Home Builders Association, Inc.

This case involves an order of the circuit court granting summary judgment to respondent (contractor), and holding petitioner (subcontractor) was barred from bringing a tort suit against contractor, having represented himself to contractor as having workers’ compensation insurance. The circuit court found the matter was required to be handled as a workers’ compensation claim under S.C. Code § 42-1-415. The Court of Appeals reversed and remanded to the circuit court, finding that an initial determination was required to ascertain whether subcontractor was a statutory employee of contractor before a determination could be made as to the applicability of the Workers’ Compensation Act.

 10:30 a.m.
4109   In the Matter of Joseph W. Morton, Respondent.

Disciplinary Counsel Henry B. Richardson and Assistant Disciplinary Counsel C. Tex Davis, Jr., both of Columbia, for the Office of Disciplinary Counsel. Joseph W. Morton, pro se, of Wilmington, NC.

In this attorney disciplinary matter, a full panel of the Commission on Lawyer Conduct recommended that Respondent receive a public reprimand for violating the South Carolina Rules of Professional Conduct with regard to a solicitation letter mailed to a South Carolina resident. Respondent is an attorney licensed to practice law in North Carolina, but not South Carolina. The Supreme Court will consider whether discipline is warranted and, if so, the appropriate sanction for any misconduct.

Tuesday, October 18, 2005
 09:30 a.m.
4110   Marty K. Avant, Employee/Claimant v. Willowglen Academy, Employer, and United Heartland and Travelers Property Casualty Co., Carriers, of whom United Heartland is Petitioner and Travelers Property Casualty Co. is Respondent.

Roy A. Howell, III, and Kirsten L. Barr, both of Trask and Howell, of Mt. Pleasant, for Petitioner. Johnnie W. Baxley, III, of Willson, Jones, Carter & Baxley, of Mt. Pleasant, for Respondent.

This is a workers’ compensation case. The Court granted a writ of certiorari to review Avant v. Willowglen Academy, 356 S.C. 181, 588 S.E.2d 125 (Ct. App. 2003). The issue is whether Travelers Property Casualty Co. or United Heartland is the insurance carrier responsible for Willowglen’s workers’ compensation claim. The Court of Appeals held United Heartland responsible.

 10:00 a.m.
4111   Ernest Smith, Jr., as personal representative of the Estate of Ernest J. Smith, Sr., Respondent v. Verne E. Cutler, as Personal Representative of the Estate of Joanne Rucker Smith, Petitioner.

Thomas B. Bryant, III, of Bryant, Fanning & Shuler, of Orangeburg, for Petitioner. S. Jahue Moore and M. Ronald McMahan, both of Moore, Taylor & Thomas, of West Columbia, for Respondent.

In this case, the Court is asked to determine what quantum estate was conveyed by the deed between husband and wife and if the estate is subject to partition.

 10:30 a.m.
4112   Richard N. Kennedy, Respondent v. Scott Edward Griffin and Dick Simon Trucking, Inc., Petitioners.

William S. Brown and Elizabeth M. McMillan, both of Nelson Mullins Riley & Scarborough, of Greenville, for Petitioner. Kenneth L. Holland, of Gaffney, for Respondent.

This Court granted cert to review the Court of Appeals' decision ruling the admission of evidence of marijuana use by the plaintiff was improperly admitted in this personal injury action.

Wednesday, October 19, 2005
 09:30 a.m.
4113   Thomas G. Buist, Petitioner v. Michael Huggins, in his capacity as Assessor for Charleston County, Peggy A. Moseley, in her capacity as Auditor for Charleston County, Andrew C. Smith, in his capacity as Treasurer for Charleston County, the Board of Assessment Appeals for Charleston County, and the County of Charleston, a political subdivision, Respondents. - Worsley Co., Inc., as Assignee and Edgar A. Buck and Margaret B. Buck as Assignor and in their own rights as they may appear, Petitioners v. Dorchester County Assessor and Dorchester County Auditor, Respondents.

G. Trenholm Walker, Andrew K. Epting, Jr., and Amanda R. Maybank, all of Pratt-Thomas, Epting & Walker, of Charleston, for Petitioners. County Attorney Joseph Dawson, III, Deputy County Attorney Bernard Eugene Ferrara, Jr., both of North Charleston, and John G. Frampton, of Chellis & Frampton, of Summerville, for Respondents.

These are consolidated cases on certiorari to the Court of Appeals. Petitioners are property-owners whose properties were sold at delinquent tax sales. Petitioners redeemed the properties, but paid under protest as they disputed the amount of interest owed. They then filed appeals with the Administrative Law Judge Division (ALJ), which found in favor of property owners. Counties sought judicial review, and the circuit court reversed, finding the ALJ lacked jurisdiction to hear the appeal. The Court of Appeals held the ALJ lacked jurisdiction as this matter was not governed by the Revenue Procedures Act but was, rather, governed by the Alternate Procedures Act, therefore the circuit court had jurisdiction to resolve such disputes.

 10:00 a.m.
4115   Brackenbrook North Charleston, LP, North Bluff North Charleston, LP, Riverwoods, LLC, Ashley Arbor, LLC, et al., Appellants v. The County of Charleston, Andrew Smith in his official capacity as Charleston County Treasurer, Peggy A. Moseley in her official capacity as Charleston County Auditor, and D. Michael Huggins in his official capacity as Charleston County Assessor, Respondents.

G. Trenholm Walker and Andrew K. Epting, Jr., both of Pratt-Thomas, Epting & Walker, PA, of Charleston, for Appellants. County Attorney Joseph Dawson, III, Deputy County Attorney Bernard Eugene Ferrara, Jr., both of North Charleston, M. Dawes Cooke, Jr. and P. Gunnar Nistad, both of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Respondents.

This is an appeal from a circuit court order finding it lacked jurisdiction over appellants’ post-appeal motions for attorneys fees and other relief.

 10:30 a.m.
4114   Mar-Reece Aldean Hughes, Petitioner v. Gary D. Maynard, Commissioner, South Carolina Department of Corrections, and Henry Dargan McMaster, South Carolina Attorney General, Respondents.

Teresa L. Norris, of Center for Capital Litigation, of Columbia, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Respondents.

Petitioner was convicted of murder in the fatal shooting of a Rock Hill police officer which occurred in 1992, and was sentenced to death. Petitioner has filed a post-conviction relief (PCR) application, but now seeks to waive his right to pursue PCR and further appeals. The issues presented to the Supreme Court are whether the circuit judge erred in ruling Petitioner is mentally competent to waive the right to pursue PCR and whether the Eighth Amendment and international law prohibit the execution of a mentally ill person.

 

Cases to be Submitted Without Oral Argument

Johnell Porter, 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 Molly R. Crum, all of Columbia, for Petitioner. Assistant Appellate Defender Aileen P. Claire, of Office of Appellate Defense, of Columbia, for Respondent.

David Thompson, 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 Julie M. Thames, of Columbia, for Petitioner. Assistant Appellate Defender Aileen P. Clare, of Office of Appellate Defense, for Respondent.