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November 2008 |
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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.
Wednesday, November 5, 2008 | |
09:30 a.m. | |
4626 Auto-Owners Insurance Company, Respondent, v. Darnasai Hamin and Vermelle Simmons, her Conservator, Petitioners. Shannon Lee Felder, of Felder Law Firm, of Winnsboro, and Michael Stuart Davenport, of Law Office of Michael Davenport, of Wilmington, NC, for Petitioners. Thomas E. Player, Jr., of Player & McMillan, of Sumter, for Respondent. In this case, the Court granted certiorari to review Auto-Owners Ins. Co. v. Hamin, 368 S.C. 536, 629 S.E.2d 683 (Ct. App. 2006), in which the Court of Appeals affirmed the trial court’s decision finding that the insurance company was not liable to provide coverage.
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10:00 a.m. | |
4639 SCANA Corporation and Subsidiaries, Respondent, v. South Carolina Department of Revenue, Appellant. South Carolina Department of Revenue, Appellant, v. SCANA Corporation and Subsidiaries, Respondent. Harry A. Hancock, Milton G. Kimpson and Joe S. Dusenbury, Jr., all of South Carolina Department of Revenue, of Columbia, for Appellant. John C. Von Lehe, Jr., and Andrea St. Amand, both of Nelson Mullins Riley & Scarborough, of Charleston, and C. Mitchell Brown and A. Mattison Bogan, both of Nelson Mullins Riley & Scarborough of Columbia, all for Respondent. In this appeal involving a carry-forward of the economic impact zone investment tax credit, this Court granted SCANA Corporation and Subsidiaries’ petition for rehearing to reconsider our decision reversing the circuit court’s order.
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10:30 a.m. | |
4640 Jennifer Marie Harris, Appellant, v. Anderson County Sheriff's Office, Respondent. Rivers Lawton McIntosh, of McIntosh, Sherard & Sullivan, of Anderson, for Appellant. William Douglas Gray, of McNair Law Firm, of Anderson, for Respondent. This dog-biting case between a kennel worker and the Anderson County Sheriff’s Office asks this Court to determine whether summary judgment was properly granted in favor of the sheriff’s office.
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11:00 a.m. | |
4641 Betty J. Hancock, Petitioner, v. Mid-South Management Co., Inc., Respondent. Eugene C. Griffith, Jr., of Rushing & Griffith, of Newberry, and Samuel M. Price, Jr., of Newberry, for Petitioner. Elizabeth M. Dalzell and Kirby D. Shealy, III, both of Baker, Ravenel & Bender, of Columbia, for Respondent. In this case the court granted certiorari to review Hancock v. Mid-South Management Co., Inc., 370 S.C. 131, 634 S.E.2d 12 (Ct. App.2006) in which the Court of Appeals affirmed the trial court’s decision granting summary judgment in favor of mid-south on Hancock’s negligence action.
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Thursday, November 6, 2008 | |
09:30 a.m. | |
4642 William D. Curtis, Respondent, v. Brandon T. Blake, Petitioner. Thomas J. Keaveny, II, and Bob J. Conley, both of Keaveny Law Firm, of Charleston, for Petitioner. Mark Brandon Tinsley, of Gooding & Gooding, of Allendale and C. Bradley Hutto, of Williams & Williams, of Orangeburg, for Respondent. The Court of Appeals dismissed petitioner’s direct appeal as untimely, and the issue on certiorari is whether the Court of Appeals erred in dismissing the appeal.
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10:00 a.m. | |
4643 Ross Marine, LLC, Arthur R. Swygert, Jr., Kathy Speights and Swygert Shipyards, Inc., Appellants, v. Query, Sautter, & Gliserman, LLC, Respondent. William A. Scott, of Pedersen & Scott, of Charleston, for Appellants. Michael W. Sautter, of Query, Sautter Gliserman & Price, LLC, of Charleston, for Respondent. This is an appeal from an order dismissing the appellants’ complaint.
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10:30 a.m. | |
4644 In the Matter of Shaquille O'Neal B., A Minor Under The Age Of Seventeen, Appellant. Hemphill P. Pride, II, of Columbia, for Appellant. Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Attorney General David Spencer, all of Columbia, for Respondent. Appellant appeals from an order of the family court finding he was properly required to be placed on the South Carolina Sex Offender Registry for an offense that was adjudicated in another state.
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11:00 a.m. | |
4496 Auto-Owners Insurance Company, Inc., Appellant, v. Virginia T. Newman and Trinity Construction, Inc., Respondents. John L. McCants, of Ellis Lawhorne & Sims, of Columbia, and C. Mitchell Brown, of Nelson Mullins Riley & Scarborough, for Appellant. Joseph K. Qualey, of Qualey & Beck, of Charleston, Michael S. Seekings and Amy E. Melvin, both of Leath, Bouch & Crawford, of Charleston, for Respondent Virginia Newman. Frank M. Cisa, of Cisa & Dodds, of Mt. Pleasant, for Respondent Trinity Construction, Inc. George E. Mullen and Daniel F. Oberklein, both of Mullen, Wylie, LLC, of Hilton Head Island, for Amicus Curiae South Carolina Community Associations Institute. Kenneth E. Ormand, Jr., of Ormand, Ashley & Gibbons, of Columbia, for Amici Curiae National Association of Home Builders and Home Builders Association of South Carolina. Lawrence M. Hunter, Jr., of Hunter & Foster, of Greenville, for Amicus Curiae Bituminous Casualty Corporation. David E. Dukes and William C. Wood, Jr., both of Nelson Mullins Riley and Scarborough, of Columbia, and Laura A. Foggan and Parker J. Lavin, both of of Wiley Rein, LLP, of Washington, DC, for Amicus Curiae Complex Insurance Claims Litigation Association. Stephen P. Groves, Sr., of Nexsen Pruet, LLC, of Charleston, for Amicus Curiae Builders Mutual Insurance Company. C. Mitchell Brown, William C. Wood, Jr., Matthew D. Patterson and A. Mattison Bogan, all of Nelson Mullins Riley & Scarborough, of Columbia, for Amicus Curiae Harleysville Mutual Insurance Company. The court has granted rehearing in this case, in which an insurer of a commercial general liability policy sought a declaratory judgment to determine whether the policy covered a homeowner’s damages due to negligent construction by the policy holder.
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Tuesday, November 18, 2008 | |
09:30 a.m. | |
4645 The State, Respondent, v. Craig Duval Davis, Petitioner. John S. Nichols, of Bluestein, Nichols, Thompson and Delgado, 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 Deborah R. J. Shupe, all of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent. This case addresses whether the trial court erred in suppressing evidence obtained through a search warrant.
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10:00 a.m. | |
4646 Carlyle McGill, Appellant, v. Tracy Moore, Rufus Alton Moore, Pearline Hutto, Estate of Bennie Moore, believed to be the above/below named persons, known or unknown, claiming thereunder, being named herein Jane Doe and Richard Roe, Estate of Vernice Alexander, believed to be William Alexander, Grady Alexander, and any and all persons, known or unknown, claiming under both Alexander estates, collectively known as Jane Doe and Richard Roe, Respondents.__________________________Tracy Moore, Rufus Alton Moore and Pearline Hutto, and Estate of Iola Moore Smith, Edward J. Smith, Jr., Newana Smith Barnes, Counter-Plaintiffs, v. Carlyle McGill, Estate of Lawrence Moore, Estate of Vernice Moore Alexander, the heirs of which are believed to be William Alexander, Estate of Grady Alexander, Jr., Leonard Alexander, and Estate of John Stanley Alexander, Estate of Grady Alexander, Jr., the heirs of which are believed to be Rava A. Colby, Richard L. Alexander, and Regina Alexander, Estate of John Stanly Alexander, the heirs of which are believed to be Tanisha Alexander, and Tora Alexander, Estate of Otis Moore, Tracy Moore, Estate of Alberta Moore Feemster, Estate of Bennie Lewis Moore, John Doe, a fictitious person representing the class of all unknown adult, mentally competent, unimprisoned, non-military persons, who claim any right, title, or interest in, or lien upon, the real estate described in the Counterclaim herein; and Richard Roe, another fictitious person representing the class of all unknown persons who are either: under the age of eighteen (18) years, imprisoned, or in the Armed Forces, and who claim any right, title or interest in, or lien upon, the real estate described in the Counterclaim herein, which fictitious person include but are not limited to, all unknown heirs at law, distributees, devisees or assigns of any deceased heirs of the following persons including, but not limited to Lawrence Moore, Vernice Moore Alexander, Grady Alexander, Jr., John Stanley Alexander, Otis Moore, Alberta Moore Feemster, and Bennie Lewis Moore, and all persons entitled to claim under or through them, or any of them, Counter-Defendants. Brian Scott McCoy, of Horack Talley, of Rock Hill, and William M. Brice, III, of Brice Law Firm, of York, for Appellant. John Martin Foster, of Rock Hill, for Respondent. Paula Knox Brown, of Rock Hill, Guardian Ad Litem. In this land dispute case, the master in equity held that the purchase contract for the land contained a condition precedent which had not been met and therefore, the purchase contract could not be enforced.
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10:30 a.m. | |
4647 David H. Barton, Employee, Claimant, v. William Ian Higgs, d/b/a Iyanel Enterprises and Total Home Exteriors, Inc., Employers, and Key Risk Insurance and SC Uninsured Employers Fund, Carrier, Defendants, Of Whom Total Home Exteriors, Inc., Employer and Key Risk Insurance are the Respondents and SC Uninsured Employers Fund is the Petitioner. Amy V. Cofield, of Cofield Law Firm, of Lexington, and Latonya Dilligard Edwards, of South Carolina Second Injury Fund, of Columbia, for Petitioner. David A. Wilson and Michael A. Farry, both of Horton, Drawdy, Ward & Jenkins, of Greenville, for Respondents. The issue in this workers compensation case is whether an unsigned certificate of insurance can trigger an exception to the statutory employer doctrine.
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Wednesday, November 19, 2008 | |
09:30 a.m. | |
4648 South Carolina Farm Bureau Mutual Insurance Company, Appellant, v. Howard Durham and Cherie Durham, Respondents. John Dwight Hudson, of Hudson Law Offices, of Myrtle Beach, for Appellant. Dirk Julius Derrick, of Conway, for Respondents. In this case, Appellant appeals the decision of the circuit court finding coverage under an insurance policy for damage to Respondents’ swimming pool.
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10:00 a.m. | |
4649 Allie James, Claimant, Appellant, v. Anne's Inc., Employer, and Villanova Insurance Company, in liquidation through the South Carolina Property & Casualty Insurance Guaranty Association, Carrier, Respondents. Jody Vann McKnight, of Reisen Law Firm, of Charleston, for Appellant. Mark D. Cauthen, and T. Jeff Goodwyn, Jr., both of McKay Cauthen Settana Martin & Addison, of Columbia, for Respondents. In this workers’ compensation case, Allie James appeals from a circuit court order finding the South Carolina Workers’ Compensation Commission did not have the authority when ordering a lump sum award to include language prorating the lump sum award over the claimant’s lifetime. James sought proration of the award using the life expectancy statute under state law.
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10:30 a.m. | |
4650 Francis Ike Johnson, Respondent, v. Sonoco Products Company and GAB Robins, Inc., Appellants. David A. Wilson and Michael A. Farry, both of Horton, Drawdy, Ward & Jenkins, of Greenville, for Appellants. Vernon F. Dunbar, of Turner, Padget Graham & Laney, of Greenville, for Respondent. This Workers’ Compensation appeal deals with jurisdiction and post judgment interest.
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Cases to be Submitted Without Oral Argument | |
Ervin Maurice Gadsden, Respondent, v. State of South Carolina, Petitioner. |
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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General S. Prentiss Counts, all of Columbia, for Petitioner. Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. |
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Antwain D. Ellis, Respondent, v. State of South Carolina, Petitioner. |
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Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General David Spencer, all of Columbia, for Petitioner. Appellate Defender Robert M. Pachak, of South Carolina Commission on Indigent Defense, of Columbia, for Respondent. |
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Radrick Q. Hill, Petitioner, v. State of South Carolina, Respondent. |
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C. Rauch Wise, of Greenwood, 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, for Respondent. |
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Jeffrey Eugene Davie, Petitioner, v. State of South Carolina, Respondent. |
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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 and Assistant Attorney General Julie M. Thames, all of Columbia, for Respondent. |
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Donald D. Berry, Petitioner, v. State of South Carolina, Respondent. |
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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 and Assistant Attorney General S. Prentiss Counts, all of Columbia, for Respondent. |