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December 2007 |
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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, December 4, 2007 | |
09:30 a.m. | |
4469 Barbara M. Robinson, Appellant, v. Venture Capital, Inc. and KML Holdings, Inc., Respondents. Melvin R. Hutson, of Greenville, for Appellant. James L. Rogers, Jr., and Zandra L. Johnson, both of Leatherwood, Walker, Todd & Mann, of Greenville, for Respondents. The issue is whether the master fashioned an appropriate remedy to abate a surface water runoff problem.
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10:00 a.m. | |
4470 The State, Respondent, v. Ricky Rainwater, Appellant. Harry T. Heizer, of Irmo, for Appellant. General Counsel Charles Hillard Sheppard, Jr., and Assistant General Counsel Rachel Donald Erwin, both of South Carolina Department of Public Safety, of Blythewood, for Respondent. This is a direct appeal concerning the ability of an arresting officer to prosecute a driving under the influence case once he later transfers to another law enforcement agency.
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10:30 a.m. | |
4471 James W. Fields and Rosemary L. Fields, Appellants, v. J. Haynes Waters Builders, Inc., Mahoney Brothers, Inc., and Dryvit Systems, Inc., Defendants, of whom J. Haynes Waters Builders, Inc. is Respondent. Charles A. Krawczyk, William R. Padget and Robert "Sam" Phillips, all of Finkel Law Firm, of Columbia, for Appellants. John L. McCants, of Ellis, Lawhorne & Sims, of Columbia, for Respondent. This is a direct appeal in a civil action arising out of moisture damage to a home due to alleged design defects and negligent construction. On appeal, Appellants challenge several of the trial court’s rulings regarding the admission of expert testimony, the admission of testimony challenging the amount Appellants spent on repairs prior to trial, and the law charged to the jury regarding a general contractor’s duty of care. Appellants also allege that the trial court erred in directing a defense verdict on Appellants’ cause of action for strict products liability.
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Wednesday, December 5, 2007 | |
09:30 a.m. | |
4472 Jane Doe, Claimant, Petitioner, v. South Carolina Department of Disabilities and Special Needs, Employer, and State Accident Fund, Carrier, Respondents. Edward L. Graham, of Florence, for Petitioner. T. McRoy Shelley, III, of Rogers Townsend & Thomas, of Columbia, and Cynthia Burns Polk, of State Accident Fund, of Columbia, for Respondents. In this workers' compensation case, the claimant appeals the denial of benefits for her mental-mental injury based on extraordinary and unusual conditions of employment.
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10:00 a.m. | |
4473 Russell Corporation, Respondent, v. William M. Gregg, II, Petitioner. Harry A. Swagart, III, of Columbia, for Petitioner. Lawrence W. Johnson, Jr., of Columbia, and W. Duvall Spruill, of Turner, Padget, Graham & Laney, of Columbia, for Respondent. This is a Court of Appeals certiorari. At issue is whether the Court of Appeals properly reversed the grant of summary judgment in petitioner Gregg’s favor, on the questions of whether Gregg’s personal guaranty obligations were properly revoked in 1992 and whether Gregg’s notice in 1998 was sufficient to revoke the guaranty.
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10:30 a.m. | |
4474 Edward D. Sloan, Jr., Appellant, v. Inez Moore Tenenbaum, Superintendent of Education, Respondent. Jennifer J. Miller and James G. Carpenter, both of The Carpenter Law Firm, of Greenville, for Appellant. Shelly Bezanson Kelly, of South Carolina Department of Education, of Columbia, for Respondent. This case involves whether Act 195 of 2004, 2004 S.C. Act 1898, violates Art. III, § 17 of the South Carolina Constitution.
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11:00 a.m. | |
4455 In the Matter of O. Lee Sturkey, Respondent. Disciplinary Counsel Lesley M. Coggiola, Senior Counsel Henry B. Richardson, Jr., and Senior Assistant Disciplinary Counsel Barbara M. Seymour, all of Columbia, for Office of Disciplinary Counsel. C. Rauch Wise, of Greenwood, for Respondent. This is an attorney disciplinary matter.
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Thursday, December 6, 2007 | |
09:30 a.m. | |
4475 Laura McCann, Respondent, v. Jane Doe and John Doe, Appellants. In Re: Baby Emma McCann. James Fletcher Thompson, of Spartanburg, for Appellants. Kenneth L. Tootle, and Scott M. Merrifield, of Quindle & Merrifield, of Beaufort, for Respondent. Diane Piazza DeWitt, of Beaufort, Guardian Ad Litem. In this adoption case, the adoptive parents appeal from the family court’s orders revoking the birth mother’s consent to adoption and finding placement of the child with the birth mother would be in the best interest of the child.
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10:00 a.m. | |
4476 Mary Lou Moseley, Petitioner, v. Jim Oswald, Respondent. William E. Booth, III, of Booth Law Firm, of West Columbia, for Petitioner. Ralph Shealy Kennedy, Jr., of Batesburg-Leesville, and Blaney A. Coskrey, III, of Columbia, for Respondent. This case involves whether the court of appeals erred in granting the respondent’s motion for summary judgment in a conversion action.
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10:30 a.m. | |
4477 The State, Respondent, v. Debrezio Mendez Campbell, Appellant. Appellate Defender M. Celia Robinson, 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 Donald J. Zelenka, Assistant Attorney General S. Creighton Waters, all of Columbia, and Solicitor Kevin Scott Brackett, of York, for Respondent. This criminal appeal asks whether the trial court lacked subject matter jurisdiction to grant the State’s motion to re-sentence appellant following appellant’s failure to comply with his plea agreement.
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Cases to be Submitted Without Oral Argument | |
Edward Burton, Petitioner, v. State of South Carolina, Respondent. |
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Appellate Defender Aileen P. Clare, of South Carolina Commission on Indigent Defense, of Columbia, for Petitioner. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh and Assistant Deputy Attorney General Salley W. Elliott, all of Columbia, for Respondent. |
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Raymond Anthony Hall, 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 Molly R. Crum, all of Columbia, for Petitioner. J. Falkner Wilkes, of Greenville, for Respondent. |
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Larry Lorenzen, 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 Lance S. Boozer, 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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Joseph Lowry, Petitioner, v. State of South Carolina, Respondent. |
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Tara Shurling, 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 Thames, all of Columbia, for Respondent. |
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James Academy of Excellence, Respondent, v. Dorchester School District 2, Appellant. |
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Alice F. Paylor, of Rosen, Rosen & Hagood, of Charleston, and Arnold S. Goodstein, of Goodstein Law Firm, of Charleston, for Appellant. No counsel for Respondent. |