![]() |
October 2009 |
NEXT
![]() |
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 6, 2009 | |
09:30 a.m. | |
4835 LaSalle Bank National Association, as Trustee for Certificateholders of Bear Stearns Asset Backed Securities Trust 2006-1, Asset Backed Certificates, Series 2006-1., Respondents, v. Edward M. Davidson, aka Ed Davidson; Sheryl L. Peterson-Davidson, aka Sheryl Davidson; WCRSI, LLC; The Farm at Wescott Homeowners Association, Inc., Appellants. Merrill Anthony Cox, of Cox Law Firm, of Goose Creek, for Appellants. D. Randolph Whitt and Pearce W. Fleming, both of Fleming & Whitt, of Columbia, for Respondent. In this direct appeal, Appellants contend the master-in-equity committed reversible error by issuing a foreclosure order following a hearing from which the master was absent.
|
|
10:00 a.m. | |
4836 Representative Harold Mitchell, Petitioner, v. Spartanburg County Legislative Delegation, Respondent. Charles J. Hodge and T. Ryan Langley, both of Hodge Law Firm, of Spartanburg, for Petitioner. J. Derham Cole, Jr.; Ralph Keith Kelly, of Lister Flynn & Kelly, of Spartanburg, and Suzanne B. Cole, of Collins & Lacy, of Greenville, for Respondents Cole, Kelly, Allison, Forrester, Littlejohn and Parker. The Honorable Glenn G. Reese, of Inman, The Honorable Harvey S. Peeler, Jr., of Gaffney, The Honorable Joe Millwood, of Landrum, The Honorable Lee Bright, of Roebuck, The Honorable Mike Anthony, of Union, and The Honorable Shane R. Martin, of Pauline, pro se Respondents. Michael R. Hitchcock, Phil Lenski and Kenneth M. Moffitt, all of Columbia, for Intervenor, Glenn F. McConnell, President, Pro Tempore of South Carolina Senate. This case comes to the Court through its’ original jurisdiction. The Petitioner asks the Court to determine whether the election of officers to a legislation delegation in South Carolina is a procedural matter such that a simple majority vote is appropriate or a substantive matter such that a weighted vote is appropriate.
|
|
10:30 a.m. | |
4837 Alice Dawkins, Petitioner, v. Steve Dawkins, Respondent. William Rhoden, of Winter & Rhoden, of Gaffney, and Usha Jefferies Bridges, of Gaffney, for Petitioner. Richard H. Rhodes, of Burts, Turner, Rhodes & Thompson, of Spartanburg, for Respondent. In this divorce case, Husband appealed the family court’s equitable division of property and failure to award him special equity in the marital home. In an unpublished decision, the Court of Appeals changed the 60/40 division (in favor of Wife) to 50/50 and also awarded Husband a special equity of $25,000 in the marital home, because the home had been deeded to him by his mother.
|
|
Wednesday, October 7, 2009 | |
09:30 a.m. | |
4838 Palmetto Bay Club Owners Association, a South Carolina Non-Profit Corporation Administration for the Palmetto Bay Club Horizontal Property Regime, Petitioner, v. Danna Cooper Brissie, Respondent. Otto W. Ferrene, Jr., of Ferrene & Associates, of Hilton Head Island, for Petitioner. Terry A. Finger, of Finger & Fraser, of Hilton Head Island, for Respondent. The Court granted certiorari to consider a Court of Appeals decision interpreting a condominium association’s Master Deed and By-laws.
|
|
10:00 a.m. | |
4839 The State, Respondent, v. Richard P. Anderson, Petitioner. Appellate Defender Lanelle C. Durant, 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 Julie M. Thames, all of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent. The Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in State v. Anderson, 378 S.C. 243, 662 S.E.2d 461 (Ct. App. 2008), in which the Court of Appeals affirmed Anderson’s conviction and sentence for first-degree burglary after concluding the trial judge properly admitted a fingerprint card identified as belonging to Anderson.
|
|
10:30 a.m. | |
4840 Teresa Edwards, Appellant, v. Lexington County Sheriff's Department and County of Lexington, Respondents. John O'Leary, of O'Leary & Associates, of Columbia, and Frederick Arnold Beacham, Jr., of Lexington, for Appellant. Patrick J. Frawley, of Nicholson, Davis, Frawley, Anderson & Ayer, of Lexington, for Respondents. Appellant filed a negligence action against Respondents after she was assaulted by her ex-boyfriend at his bond revocation hearing on a domestic violence charge. Finding that Respondents had owed no duty to Appellant, the trial court granted Respondent’s motion for summary judgment. Appellant appealed.
|
|
Thursday, October 8, 2009 | |
09:30 a.m. | |
4841 Tommy Hutto, Petitioner, v. State of South Carolina, Respondent. 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, Assistant Attorney General Mary S. Williams, and John Benjamin Aplin, of South Carolina Department of Probation, Parole and Pardon, all of Columbia, for Respondent. This case is an appeal from the Court of Appeals’ decision affirming the PCR court’s denial of relief.
|
|
10:00 a.m. | |
4842 Spartanburg Regional Medical Center, Appellant/Respondent, v. Oncology and Hematology Associates of South Carolina, LLC, d/b/a Cancer Centers of the Carolinas, Respondent/Appellant, and South Carolina Department of Health and Environmental Control, Respondent. AND Oncology Hematology Associates of South Carolina, LLC, d/b/a Cancer Centers of the Carolinas, Respondent/Appellant, v. South Carolina Department of Health and Environmental Control, Respondent, and Spartanburg Regional Medical Center, Appellant/Respondent. James G. Long, III, and Manton M. Grier, Jr., both of Nexsen Pruet, LLC, of Columbia, for Appellant-Respondent. Raymon E. Lark, Jr., of Austin & Rogers, of Columbia, and Lewis T. Smoak, of Ogletree, Deakins, Nash, Smoak & Stewart, of Greenville, for Respondent-Appellant. Carlisle Roberts, Jr., Nancy S. Layman and Ashley Caroline Biggers, all of South Carolina Department of Health & Enviromental Control, of Columbia, for Respondent. This is a cross-appeal from the circuit court’s order which affirmed in result the administrative law court’s decision to award Certificates of Need for the development of two radiation oncology centers.
|
|
10:30 a.m. | |
4843 L.A. Barrier & Son, Inc., Petitioner, v. South Carolina Department of Transportation, Respondent. John J. Pringle, Jr., and Shaun C. Blake, both of Ellis Lawhorne & Sims of Columbia, for Petitioner. Linda C. McDonald, of South Carolina Department of Transportation, of Columbia, for Respondent. The Court granted certiorari to review a Court of Appeals decision holding that the petitioner did not qualify as a Disadvantaged Business Enterprise.
|
|
Tuesday, October 20, 2009 | |
09:30 a.m. | |
4844 Frantz Pierre, Appellant, v. Seaside Farms, Inc., Employer, and American Home Assurance Insurance Co. C/O AIG, Carrier, Respondents. Shaundra F. Young and James Hadstate, both of North Charleston, Ilene Stacey King, of Turnipseed & Associates, of Columbia, and Andrew H. Tuner, of Montgomery, AL, for Appellant. Stephen L. Brown, Catherine H. Chase and Lee Louis Gremillion, IV, all of Young Clement Rivers, of Charleston, for Respondents. The South Carolina Workers’ Compensation Commission ruled Frantz Pierre was not entitled to workers’ compensation benefits for injuries he sustained in a fall that occurred after he was hired as a migrant worker with Seaside Farms, Inc. The injuries occurred just after he arrived at employer-supplied housing. Upon review, the Commission’s determination was affirmed. Pierre appeals. At issue is whether Pierre’s injuries were sustained in the course and scope of his employment so as to make them compensable under workers’ compensation law.
|
|
10:00 a.m. | |
4845 Jeffrey Thompson and John Smith, Appellants, v. Dorchester County, Respondent. John O'Leary, of O'Leary & Associates, of Columbia, for Appellants. Caroline Wrenn Cleveland, of Cleveland Law, LLC, of Charleston, for Respondent. Appellants filed suit against Respondent alleging they were wrongfully terminated. The trial court granted Respondent’s motion for summary judgment, finding that § 16-5-60, upon which Appellants based their claim, was repealed by the Tort Claims Act and that Appellants were not employees of Respondent. Appellants appealed.
|
|
10:30 a.m. | |
4846 The State, Respondent, v. Timothy Edward Stahlnecker, Appellant. Appellate Defender LaNelle C. DuRant, of South Carolina Commission on Indigent Defense, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, all of Columbia, and Solicitor Robert M. Ariail, of Greenville, for Respondent. This criminal appeal alleges error in the trial judge’s allowing (1) testimony pursuant to S.C. Code Sec. 17-23-175; (2) the admission of testimony of the victim to her mother; and (3) appellant’s statement to the guardian ad litem.
|
|
Wednesday, October 21, 2009 | |
09:30 a.m. | |
4847 The State of South Carolina, Appellant, v. Jose Luis Lara, Principal, and A 1 Bonding, Surety, of whom A 1 Bonding is the Respondent. Attorney General Henry Dargan McMaster, Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia, for Appellant. Everett Godfrey, Jr., of Godfrey Law Firm, of Greenville, for Respondent. The State appeals the trial court’s ruling holding that Lara’s surety bond was not forfeited to the State because the State failed to serve the bench warrant on A-1 Bonding or otherwise provide it with notice that Lara failed to appear for trial.
|
|
10:00 a.m. | |
4848 Spectre, LLC, Respondent, v. South Carolina Department of Health and Environmental Control, League of Women Voters of Georgetown County, South Carolina Wildlife Federation, League of Women Voters of South Carolina, South Carolina Coastal Conservation League, and League of Women Voters of Charleston Areas, Appellants. Elizabeth Applegate Dieck and Davis Whitfield-Cargile, both of Charleston, and Carlisle Roberts, Jr., of Columbia, all of of South Carolina Department of Health and Environment Control, Evander Whitehead, of Haynsworth Sinkler Boyd, of Florence, and David Shipley, of Athens, GA, for Appellant South Carolina Department of Health and Environment Control. James S. Chandler and Amy E. Armstrong, both of Pawleys Island, for Appellants League of Women Voters of Georgetown County, et al. Ellison D. Smith, IV, Stanley E. Barnett, both of Smith, Bundy, Bybee & Barnett, of Mt. Pleasant, and James Richardson, Jr., of Columbia, for Respondent. Christopher Kaltman DeScherer, of Charleston, for Amicus Curiae Waccamaw Riverkeeper. Christopher Holmes, of Mt. Pleasant, for Amicus Curiae South Carolina Tourism and Land Council, Inc. Kerry L. Murphy, of Mays, Foster & Gunter, of Columbia, for Amicus Curiae South Carolina Landowners, Home Builders & South Carolina Associate Realtors. In this case, Respondent DHEC appeals the ruling of the Administrative Law Court holding that DHEC improperly denied Appellant Spectre, LLC a stormwater permit.
|
|
10:30 a.m. | |
4796 The State, Respondent/Petitioner, v. Rebecca Lee-Grigg, Petitioner/ Respondent. C. Rauch Wise, of Greenwood, for Petitioner/Respondent. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Special Assistant Attorney General Amie L. Clifford, all of Columbia, and Solicitor Jerry W. Peace, of Greenwood, for Respondent/Petitioner.
|
Cases to be Submitted Without Oral Argument | |
J. Lamar Kolle, 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 Daniel E. Grigg, of Columbia, for Petitioner. Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. |
|
Larry William Smith, Petitioner, v. State of South Carolina, Respondent. |
|
John Dennis Delgado, of Bluestein, Nichols, Thompson & Delgado, of Columbia, and Desby Smith, of Lamar, 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 Karen Ratigan, of Office of the Attorney General, of Columbia, for Respondent. |