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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, December 12, 2023
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2021-001124   Gabriel Barnhill and GSB Enterprises, LLC, Respondents, v. J. Floyd Swilley, J. Floyd Swilley Investment Advisors, Laurel K. Swilley, SMG Partners, LLC, SMS Services, LP, William C. Piner, WCP Limited, LLC, 809 Holdings, LP, QC Financing, LLC, Heath Causey, and Sage Financial Group, LLC, J. Floyd Swilley SMG Partners, LLC, Alicia A. Piner, Heath Causey, Sage Advisory Group, L.P., Sage Private Equity Group, Secured Asset Factoring Exchange, Inc., SAFE, Inc., Digics, LLC, 9-1-1, Plumbing, LLC, and Sage Funding, L.P., Christopher Pitcock, Defendants, Of Whom J. Floyd Swilley, Laurel K. Swilley, and Heath Wendell Causey are the Petitioners.

Desa Ballard, Harvey M. Watson, III, and Haley Alyse Hubbard, of West Columbia, for Petitioners. Natale Fata, of Surfside Beach, for Respondent.

This Court granted Petitioners' petition for a writ of certiorari to review the court of appeals opinion in Barnhill v. Swilley, Op. No. 2021-UP-288 (S.C. Ct. App. filed August 4, 2021), in which the court of appeals affirmed the circuit court's order striking Petitioners' answer, counterclaims, and pleadings as a discovery sanction and granting Respondents' summary judgment on Petitioners' counterclaims. The Court will consider whether the court of appeals erred in (1) not recognizing that an abeyance order precluded the sanction/summary judgment hearing and the resulting order; and (2) finding Petitioners failed to preserve their issues for review by not raising their issues at the hearing when the hearing was held in violation of the abeyance order and without notice to Petitioners.

 10:30 a.m. (Time Limits: 15-15-5)  
2022-000134   Andrew Waldo; Jane Zheng; and SC Coast Properties, LLC d/b/a Keller Williams Realty, Petitioners, v. Michael Cousins; Founders Five, LLC d/b/a Sperry Van Ness Founders Group; and South Carolina Association of REALTORS, Respondents.

Douglas Michael Zayicek and Holly Michelle Lusk, of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., of Myrtle Beach, for Petitioners. Marcus Angelo Manos and Cheryl D. Shoun, of Nexsen Pruet, LLC, of Columbia, for Respondents South Carolina Association of REALTORS. Lawrence Sidney Connor, IV, of Kelaher, Connell & Connor, P.C., of Surfside Beach, for Respondents Michael Cousins and Founders Five, LLC d/b/a Sperry Can Ness Founders Group. Vordman Carlisle Traywick, III, Elizabeth Van Doren Gray and Sarah Cameron Frierson, of Robinson Gray Stepp & Laffitte, LLC, of Columbia, for National Association of REALTORS, Amicus Curiae.

 11:30 a.m. (Time Limits: 15-15-5)  
2022-000285   H. Hughes Andrews, Petitioner, v. Quentin S. Broom, Jr., Respondent.

Rodney F. Pillsbury, of Greenville, for Petitioner. Whitney Boykin Harrison, of McGowan, Hood & Felder, LLC, of Columbia; and Matthew Terry Richardson and James Edward Cox, Jr., of Wyche P.A., of Columbia, all for Respondent.

The Court granted a writ of certiorari to review the court of appeals' decision in Andrews v. Broom, Op. No. 2022-UP-022 (S.C. Ct. App. filed Jan. 12, 2022).

Wednesday, December 13, 2023
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2019-001104   Ron O'Neal Finklea, Respondent, v. State of South Carolina, Petitioner.

Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Assistant Attorney General William Joseph Maye, all of Columbia, for Petitioner. John H. Blume, III, of Cornell Law School, of Ithaca, NY; Diana L. Holt, of Diana Holt, LLC, of Columbia; and Rosalind Sarah Duval Major, Emily C. Paavola and Allison Ann Franz, all of Justice 360, of Columbia, for Respondent.

The State petitioned this Court for a writ of certiorari to review a circuit court order granting post-conviction relief to Ron Finklea. The circuit court found Finklea's trial counsel were ineffective for failing to discover and present evidence of Finklea's abusive childhood as mitigation during the sentencing phase of his capital trial.

 10:30 a.m. (Time Limits: 15-15-5)  
2023-000888   Michael Isom, Appellant, v. Town of Atlantic Beach Municipal Election Commission, Respondent.

Charles J. Boykin, Kenneth Allen Davis, Tierney Felicia Goodwyn, all of Columbia, for Appellant. Joseph Daniel Dickey, Jr., Eugene Hamilton Matthews, Carmen Vaughn Ganjehsani, Benjamin Palmer Carlton, and Ashwin Ray Sanzgiri, all of Richardson, Plowden & Robinson, PA, for Respondent.

In this appeal from the Court of Common Pleas, this Court will determine whether the Circuit Court erred in upholding the decision of the Town of Atlantic Beach Municipal Election Commission finding that the winner of the Town of Atlantic Beach's special election for town council met the residency requirement for election candidacy.

 

Cases to be Submitted Without Oral Argument

Travis Hines, Petitioner, v. State of South Carolina, Respondent.

Elizabeth Anne Franklin-Best, of Elizabeth Franklin-Best, P.C., of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Zachary William Jones, both of Columbia, for Respondent.