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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, November 4, 2003
 09:30 a.m.
3772   Allendale County Bank, Respondent v. George W. Cadle, Peerless Group, Inc., JEJ Construction, Inc., Red Earth Environmental, Inc., Steffen Robertson and Kirsten (U.S.), Inc., E&J Landscaping, Inc., and Wastemasters of South Carolina, Inc., Defendants, of whom Steffen Robertson, Kirsten (U.S.), Inc. and E&J Landscaping, Inc., are Petitioners.

Ladson H. Beach, Jr., of Orangeburg; and James B. Richardson, Jr., of Richardson & Birdsong, of Columbia, for Petitioners Steffen Robertson and Kirsten (U.S.), Inc. Gary H. Smith, III, of Braithwaite, Smith, Massey & Brodie, of Aiken, for Petitioner E&J Landscaping, Inc. Walter H. Sanders, Jr., of Fairfax, for Respondent.

In this case, junior lienholders challenge the priority of a mortgage that was mistakenly satisfied.

 10:00 a.m.
3773   The State, Petitioner v. Samuel Gaston Parker, 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 Thomas E. Pope, of York, for Petitioner. Jack B. Swerling, of Columbia, for Respondent.

This case is on certiorari from the Court of Appeals. The issue is whether the Court of Appeals properly reversed the defendant's convictions due to the admission of "prior bad act" evidence which did not fall within the common scheme or plan exception.

 10:30 a.m.
3774   ReDonna Maxwell and George Maxwell, Respondents v. Beverly M. Genez and John Doe, Petitioners.

Charles H. Gibbs, Jr., of Haynsworth Sinkler Boyd, of Charleston, for Petitioner Beverly M. Genez. Max G. Mahaffee, of Grimball & Cabaniss, of Charleston, for Petitioner John Doe. Jeffrey Scott Weathers, of Peagler & Weathers, of Moncks Corner, for Respondent.

This case concerns the relationship between Rule 40(j), SCRCP, and Rule 6(b), SCRCP.

Wednesday, November 5, 2003
 09:30 a.m.
3775   The State, Petitioner v. Leonard Brown, Respondent.

Deputy Director for Legal Services Teresa A. Knox, Legal Counsel Tommy Evans, Jr. and Legal Counsel J. Benjamin Aplin, all of South Carolina Department of Probation, Parole & Pardon Services, of Columbia, for Petitioner. Deputy Chief Attorney Joseph L. Savitz, III, of South Carolina Office of Appellate Defense, of Columbia, for Respondent.

The Court granted certiorari to review a decision of the Court of Appeals reversing a circuit court order revoking respondent's probation.

 10:00 a.m.
3776   Bert C. Atkinson and Stephanie S. Atkinson, Respondents/Appellants v. Orkin Exterminating Company, Inc., Appellant/Respondent.

G. Dana Sinkler, of Warren & Sinkler, of Charleston; Michael W. Davis and Robert N. Hochman, both of Sidley, Austin, Brown & Wood, of Chicago, IL, for Appellant-Respondent. Keating L. Simons, III, of Law Offices of Simons & Keaveny, of Charleston, for Respondents-Appellants.

This case involves a question of whether plaintiffs' punitive damage award is "excessive" and thus a violation of the United States and South Carolina constitutions. The case also involves a question of whether settlement proceeds upon a termite bond is a "collateral source".

 10:30 a.m.
3777   Cheap-O's Truck Stop, Inc., Respondent v. Chris Cloyd and United Oil Marketers, Inc., Petitioners. Midlands Gaming, Inc., Respondent v. Chris Cloyd, United Oil Marketers, Inc., and United Gaming, Petitioners.

Timothy G. Quinn, of Columbia, for Petitioners. S. Jahue Moore and M. Ronald McMahan, Jr., both of Moore, Taylor & Thomas, of West Columbia, for Respondents.

This case involves the issues of whether the Court of Appeals erred by finding the settlement agreement enforceable, by finding the circuit court properly found petitioners in contempt, and by finding the circuit court properly awarded respondents attorney's fees.

Thursday, November 6, 2003
 09:30 a.m.
3778   Southern Atlantic Financial Services, Inc., Petitioner v. Donna F. Middleton, Respondent.

Scott L. Hood and Donald E. Rothwell, both of Rothwell Law Firm, of Irmo, for Petitioner. David Popowski, of Charleston, for Respondent.

This case is on certiorari from the Court of Appeals. The issue is whether the note signed by Middleton required Southern Atlantic to give Middleton notice and a right to cure prior to exercising its right to accelerate the balance due.

 10:00 a.m.
3779   Ferrell Cothran, Personal Representative of the Estate of Douglas H. McFaddin, Respondent v. Alvin Brown, Petitioner.

William B. Woods, Donna Seegars Givens and Darra James Vallini, all of Woods & Givens, of Lexington; Samuel R. Clawson and Timothy A. Domin, both of Clawson & Staubes, of Charleston, for Petitioner. Gedney M. Howe, III, of Charleston; John C. Land, of Land, Parker & Welch, of Manning; and Daniel Holt Shine, of Dillon, for Respondent.

This case involves whether the defendant should be judicially estopped from asserting comparative negligence as a defense in a civil trial after pleading guilty to reckless homicide in a criminal proceeding. The case also involves whether the defendant's affidavit that allegedly conflicts with a prior affidavit of the same defendant can be used to create a genuine issue of material fact to preclude summary judgment.

 10:30 a.m.
3780   In the Matter of Barry T. Wimberly, Respondent.

Disciplinary Counsel Henry B. Richardson, Jr., and Michael S. Pauley, both of Columbia, for the Office of Disciplinary Counsel. Desa A. Ballard, of West Columbia, for Respondent.

The sole issue in this attorney disciplinary matter is the appropriate sanction to be imposed.

Tuesday, November 18, 2003
 09:30 a.m.
3781   Willie Robertson, Raymond Brown and Richard Pinckney, individually, and d/b/a Hollywood Financial Enterprises, Inc., Petitioners v. First Union National Bank, formerly known as First Union National Bank of South Carolina, and Atlantic Appraisals, Respondents v. United States of America by and through its agency, The Department of Treasury-Internal Revenue Service, South Carolina Department of Revenue and Taxation, Charleston County Business License User Fees Department, Respondents.

Edward M. Brown, of Charleston, for Petitioners. W. Andrew Gowder, Jr., and Amanda Rajsich, both of Pratt-Thomas, Epting & Walker, of Charleston, for Respondent First Union National Bank. Stephen P. Groves, Sr., and H. Michael Bowers, both of Nexsen, Pruet, Jacobs, Pollard & Robinson, of Charleston, for Respondent Atlantic Appraisals. Samuel W. Howell, IV, of Howell & Linkous, of Charleston, for Respondent Charleston County Business License User Fees. Joe S. Dusenbury, Jr., of Columbia, for Respondent South Carolina Department of Revenue and Taxation. LaVerne H. Manning, of United States Attorney's Office, of Columbia, for Respondent United States of America.

The underlying case was brought by property owners alleging harm from entering a mortgage agreement that was secured by property with an inflated appraisal value. Issues on appeal include whether the Court of Appeals properly affirmed a granting of summary judgment when discovery was allegedly ongoing and when fact issues allegedly remained in claims of fraud, civil conspiracy, negligent misrepresentation, and violation of the South Carolina Unfair Trade Practices Act.

 10:00 a.m.
3782   Joseph Wilson, Respondent v. Charles Rivers, Petitioner.

John L. McDonald, Jr., of Clawson & Staubes, of Charleston, for Petitioner. Francis X. McCann, of Charleston, for Respondent.

This civil case involves the issue of whether the Court of Appeals erred by affirming the trial court's exclusion of expert testimony.

 10:30 a.m.
3783   Hospitality Management Associates, Inc.; Ashley Inns, a partnership, d/b/a Hampton Inn Riverview; Best Western Naval Center, Inc., d/b/a Holiday Inn Express; Beaufort Inns, a partnership, d/b/a Holiday Inn (Beaufort); William Taylor; Canal Court, II, L.P., as General Partner for Bentley Court, II, L.P.; Victor Apat, individually and in behalf of R&A Partners; Richard Ackerman; Thomas Beckman, Eugene Cone; Autumnwood Apartments of Walhalla; a Limited Partnership; Belle Ville Apartments of Clinton, a Limited Partnership; Berkeley Place Apartments of Moncks Corner, a Limited Partnership; Brookside Manor Apartments of Newberry, A Limited Partnership; Buena Vista, II Apartments of Union, A Limited Partnership; Cambridge Apartments of Summerville, A Limited Partnership; Centerfield Manor of Denmark, A Limited Partnership; Castlewood Apartments of Winnsboro, A Limited Partnership; Castlewood II Apartments of Winnsboro, A Limited Partnership; Cedar Ridge Manor Apartments of Ware Shoals, A Limited Partnership; Colony Square Apartments of Clinton, A Limited Partnership; Creekside Apartments of Piedmont, A Limited Partnership; Cricket Hill Apartments, A Limited Partnership; Forest View Apartments of Liberty, A Limited Partnership; Glenfield Apartments of Bennettsville, A Limited Partnership; Glenfield Apartments of Bennettsville, Phase II, A Limited Partnership; Hazelwood Manor of Johnston, A Limited Partnership; Heritage Square Apartments of Newberry, A Limited Partnership; Laurelwood Apartments of Winnsboro, A Limited Partnership; Laurelwood Apartments of Winnsboro, Phase II, A Limited Partnership; Marion Manor Apartments of St. Stephen, A Limited Partnership; McCormick Manor Apartments of McCormick, A Limited Partnership; North Oaks Apartments of Conway, A Limited Partnership; Oakwood Manor of Bennettsville, A Limited Partnership; Ridgecrest Apartments of Central, A Limited Partnership; Ridgeview Apartments of Pickens, A Limited Partnership; Riverwinds Apartments of Camden, A Limited Partnership; Shady Moss Apartments of Conway, A Limited Partnership; Steeplechase I Apartments, A Limited Partnership; Steeplechase II Apartments, A Limited Partnership; Stonegate Apartments of Clover, A Limited Partnership; Summerfield Apartments of Clover, A Limited Partnership; Timber Ridge Apartments of McCormick, A Limited Partnership; Town & Country Apartments of Lexington, A Limited Partnership; Village Station Apartments, A Limited Partnership; West End Manor Apartments of Union, A Limited Partnership; Westwood Apartments of Spartanburg, A Limited Partnership; Windsor Shores Apartments, A Limited Partnership; Woodcreek Apartments of Simpsonville, A Limited Partnership; Woodlawn Apartments of Union, A Limited Partnership; Center Street Townhouses, A Limited Partnership; Devonshire Apartments, A Limited Partnership; Edgewood Apartments of Fort Mill, A Limited Partnership; Fort Mill Townhouses, Phase II, A Limited Partnership; Pembrook Apartments, A Limited Partnership; Saluda Apartments, A Limited Partnership; York Townhouses, A Limited Partnership; Westchase, A Limited Partnership; Harvin Manor Limited Partnership, Regency Investments Associates, Inc., and Gordon Blackwell, general partners; Mannington Place, A Limited Partnership; Marion Park Associates, A S.C. Partnership; Blackville Properties, A Limited Partnership; Cottonwood Apartments, A Limited Partnership; Bryon Porth Rental Associates, A Limited Partnership; McCormick Properties, A Limited Partnership; Gaffney Properties, A Limited Partnership; Dorchester Properties, A Limited Partnership; Williston Properties, A Limited Partnership; Winfield Apartments, A Limited Partnership; Harleyville Properties, A Limited Partnership; St. George Properties, A Limited Partnership; Wedgewood Associates of St. Stephen, A Limited Partnership; Knollwood II Associates of Lancaster, SC, Limited Partnership; Case Properties, L.L.C.; Charles P. Darby, III, Anne L. Darby, North Bluff, North Charleston Limited Partnership; Raintree/Douglas, Ltd; Edisto Apartments, Ltd.; Coventry Manor Apartments, Ltd.; Woodruff Arms Apartments, Ltd.; Carolina Townhouses, Ltd.; Hidden Valley Apartments, Ltd.; Holly Springs Apartments, Ltd.; Midway Manor Apartments, Ltd.; Midway Manor II Apartments, Ltd.; Poplar Creek Apartments, Ltd.; Breckenridge Apartments, Ltd.; Fair Meadow Apartments, Ltd.; Oakview Townhouses, A Limited Partnership; Lexington Downs, A Limited Partnership; Williamston Townhouse Apartments, A Limited Partnership; Chesterfield Housing Associates, A Limited Partnership; The Meadows Apartments, A Limited Partnership; Frenwood Rental Community, A Limited Partnership; Magna Funding Corporation; Eagles Landing Homeowners Association, Inc.; Portfolio Investments; G&C Housing, A South Carolina Partnership; Shannon IV, A South Carolina Partnership; Pavilion Properties, A South Carolina Limited Partnership, Debtor in Possession; Marina Variety Store, Inc.; C. F. Sedgefield Associates Ltd.; C. F. Deer Run Associates, Ltd.; C. F. Park Place Associates, Ltd.; TEC Builders, Inc.; Toler's Cove Homeowners' Association, Inc.; Pine Harbour Investment Co., L.L.C.; and Bamberg East Apartments, A Limited Partnership; F. D. Scott d/b/a River Ridge Townhouses; Durlach Corporation as managing agent for Parkshore Center and Summit Point; David Werton; Bill Anderson and Pansy Anderson; Ola Feagin and Tilman Feagin; V.P. Limited Partnership d/b/a Super 8 Motel; W. O. Powers, Deerfield Run of Rockhill, LLC, and Huntington Place, Inc.; Sandra C. Kirby; Jim England and Susan England; Johnny Branton; Melvin Worley and Briarwood Mobile Home Park, Inc.; John R. Lee; Funderburk Housing & Construction Co., Inc., d/b/a Ashley Garden Apartments; LSM Enterprises, LLC d/b/a Frierson Mobile Home Park; Sandra L. Cantrell; Alan B. Kahn, d/b/a Hunt Club Forest, Best Capital Corp., and Kahn Development Co., Appellants v. Shell Oil Company d/b/a Shell Chemical Company, Hoechst Celanese Corporation and E.I. DuPont de Nemurs and Company, Respondents.

Justin O'Toole Lucey, of Mt. Pleasant; Marvin Lee Robertson, Jr., of Robertson Law Firm, of Mt. Pleasant; Fleet Freeman, of Freeman & Freeman, of Mt. Pleasant; David A. Collins, of Smith, Collins & Newton, of Charleston; and Paul Dominick, of Nexsen, Pruet, Jacobs, Pollard & Robinson, of Charleston, for Appellants. Timothy W. Bouch, G. Hamlin O'Kelley, III, both of Leath, Bouch & Crawford, of Charleston; David T. Harvin and Erica L. Krennerich, both of Vinson & Elkins, of Houston, TX, for Respondent Shell Oil Company. Jane W. Trinkley and Robert L. Widener, both of McNair Law Firm, of Columbia; and Paul M. O'Connor, III, and Seth A. Moskowitz, both of Kasowitz, Benson, Torres & Friedman, of New York, NY, for Respondent Hoechst Celanese Corporation. Henry B. Smythe, Jr., David B. McCormack, both of Buist, Moore, Smythe & McGee, of Charleston; and Kathleen T. Sooy, of Crowell & Moring, of Washington, DC, for Respondent E. I. DuPont de Nemours & Company.

In this direct appeal, appellants argue the trial court erred in (1) granting summary judgment based on Full Faith and Credit being given to other state court final orders approving nationwide class action settlements; and (2) denying class certification.

Wednesday, November 19, 2003
 09:30 a.m.
3784   Hattie Rose Elam, Respondent v. South Carolina Department of Transportation, Petitioner.

Pete Kulmala, of Harvey & Kulmala, of Barnwell, for Petitioner. H. Woodrow Gooding, Jr., and Mark B. Tinsley, both of Gooding & Gooding, of Allendale, for Respondent.

This case involves whether Appellant's Rule 59(e) SCRCP motion was sufficient to render Appellant's appeal timely.

 10:00 a.m.
3785   Baldwin Construction Company, Inc., Respondent v. Barry P. Graham and Terry D. Graham, d/b/a The Auto Tech and Centura Bank, Defendants, of whom Barry P. Graham and Terry D. Graham, d/b/a The Auto Tech are the Petitioners.

Kevin Michael Hughes, of North Myrtle Beach, for Petitioners. J. Jackson Thomas and Mark A. Bruntey, both of Thompson & Henry, of Myrtle Beach, for Respondent.

This appeal involves whether the trial court erred in failing to allow an amended pleading.

 10:30 a.m.
3786   State Auto Property and Casualty Insurance Company, Petitioner v. David W. Raynolds, Sherry B. Raynolds, Harold Turner and Catherine Turner, Defendants, of whom David W. Raynolds and Sherry B. Raynolds are Respondents.

C. Stuart Mauney and Jennifer D. Eubanks, both of Gallivan, White & Boyd, of Greenville, for Petitioner. Robert C. Childs, III, and Laura W. H. Teer, both of Mitchell, Bouton, Yokel & Childs, of Greenville, for Respondents.

Insurer brought this declaratory judgment action to resolve whether insured's activities were subject to the "business pursuits" exclusion of insured's homeowner's policy.

 

Cases to be Submitted Without Oral Argument

Henry L. Knox, Petitioner v. State of South Carolina, Respondent.

Katherine Carruth Link, of Columbia; and 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 Douglas E. Leadbitter, all of Columbia, for Respondent.

Corey Randall, Respondent v. State of South Carolina, Petitioner.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General B. Allen Bullard, Jr., all of Columbia, for Petitioner. Assistant Appellate Defender Aileen P. Clare, of South Carolina Office of Appellate Defense, of Columbia, for Respondent.

Johnnie Kenneth Register, Petitioner v. State of South Carolina, Respondent.

Assistant Appellate Defender Aileen P. Clare, of South Carolina Office of Appellate Defense, of Columbia, for Petitioner. Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, Assistant Attorney General Derrick K. McFarland, all of Columbia, for Respondent.

James Anderson, Petitioner v. State of S.C., Respondent.

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 and Assistant Deputy Attorney General B. Allen Bullard, Jr., all of Columbia, for Respondent.

Donney S. Council, Respondent v. William D. Catoe, Commissioner, South Carolina Department of Corrections, and Henry Dargan McMaster, South Carolina Attorney General, Petitioners.

Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Donald J. Zelenka, of Columbia, for Petitioner. Teresa L. Norris, of Center for Capital Litigation, of Columbia; and Theresa Lee Clement, of Clement Law Firm, of Columbia, for Respondent. John F. Hardaway, of Columbia, Guardian ad Litem for Respondent.