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Court of Appeals - Roster of Cases for Hearing

May 2016

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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.
Monday, May 2, 2016
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2014-002332    The State, Respondent, v. Jason Edward Kinloch, Appellant.

Chief Appellate Defender Robert Michael Dudek and Assistant Appellate Defender David A. Alexander, both of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Sherrie Ann Butterbaugh, all of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

Jason Edward Kinloch appeals his convictions for murder, armed robbery, and criminal conspiracy, arguing the trial court erred in (1) denying his motion for a directed verdict when the State failed to present independent corroborating evidence beyond his confessions and (2) admitting a shotgun seized from an alleged accomplice when it was irrelevant and its probative value was substantially outweighed by its unduly prejudicial effect.

 
10:40 a.m. (Time Limits: 10-10-5)
2013-001562    The State, Respondent, v. Antonio Emerson Tate, Appellant.

Wendy Raina Johnson Keefer of Keefer & Keefer, LLC, of Charleston, for Appellant. Joshua P. Stokes of McCoy & Stokes, LLC, of Charleston, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Megan Burleson Burchstead, both of Columbia, for Respondent.

Antonio Emerson Tate appeals his conviction of conspiracy to traffic more than 400 grams of methamphetamine, arguing the following: (1) there was insufficient evidence of his participation in a conspiracy; (2) the trial court violated the confrontation clause by prohibiting defense counsel from cross-examining co-defendants regarding their potential sentences prior to their cooperation; (3) the trial court erred in permitting an expert to testify regarding the legal definition of conspiracy and the sufficiency of the evidence in this case; and (4) the trial court's exercise of extraterritorial jurisdiction was improper.

 
11:20 a.m. (Time Limits: 10-10-5)
2014-000582    Tipperary Sales d/b/a La-Z-Boy Furniture Gallery, Appellant, v. South Carolina Department of Transportation; South Carolina Department of Health and Environmental Control; City of North Charleston; Charleston Water System; Associated Developers, Inc., Parkhill, LLC, Defendants, Of Which South Carolina Department of Transportation; South Carolina Department of Health and Environmental Control; City of North Charleston; and Charleston Water System are the Respondents.

Michael S. Seekings and Yancey Alford McLeod, III, both of Leath Bouch & Seekings, LLP, of Charleston, for Appellant. M. Dawes Cooke, Jr. and Phillip S. Ferderigos, both of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Respondent City of North Charleston. Andrew Steven Halio of Halio & Halio, PA, of Charleston, for Respondent South Carolina Department of Health and Environmental Control. Roy Pearce Maybank and Amanda R. Maybank, both of Maybank Law Firm, LLC, of Charleston, for Respondent South Carolina Department of Transportation. Gordon Wade Cooper of Buyck, Sanders & Simmons, LLC, of Mt. Pleasant, for Respondent Charleston Water System. Deborah Harrison Sheffield, of Columbia, for Respondent Charleston Water System.

Appellant Tipperary Sales d/b/a La-Z-Boy Furniture Gallery (Tipperary) sued Respondents (South Carolina Department of Transportation (SCDOT), South Carolina Department of Health and Environmental Control (SCDHEC), City of North Charleston (the City), and Charleston Water System (CWS)), alleging causes of action for negligence, gross negligence, trespass, and inverse condemnation. Tipperary also alleged the City failed to provide adequate storm water drainage as required by statute. Tipperary appeals the grant of summary judgment to SCDHEC and SCDOT and the dismissal pursuant to Rule 12(c), SCRCP, of its claims against the City and CWS.

 
Tuesday, May 3, 2016
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2013-002531    The State, Respondent, v. Joshua William Porch, Appellant.

Michael J. Anzelmo and Matthew A. Abee, both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Appellant. Mervin Ashley Alexander Garry of Nelson Mullins Riley & Scarborough, LLP, of Washington, DC, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General J. Anthony Mabry. all of Columbia, for Respondent. Solicitor Daniel Edward Johnson, of Columbia, for Respondent.

Joshua Porch appeals his conviction for murder, arguing the trial court erred in failing to void the State's arrest warrant pursuant to Franks v. Delaware. Porch also argues the trial court erred by limiting Porch's testimony in violation of the Confrontation Clause.

 
10:40 a.m. (Time Limits: 10-10-5)
2014-001354    The State, Respondent, v. Sandy Lee Locklear, Appellant.

Edwin Thompson Kinney of Mullikin Law Firm, LLC, of Camden, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General Melody Jane Brown, all of Columbia, for Respondent. Solicitor Jimmy A. Richardson, II, of Conway, for Respondent.

Appellant, Sandy Lee Locklear, appeals her convictions for two counts of murder, arguing the trial court erred in (1) determining Appellant was not in custody prior to being read her Miranda rights and admitting Appellant's pre-Miranda statement, (2) ruling the State did not violate Missouri v. Seibert, 542 U.S. 600 (2004), and (3) finding the search warrant for Appellant's home was supported by probable cause.

 
Wednesday, May 4, 2016
Court Room I
10:00 a.m. (Time Limits: 15-15-5)
2014-002010    Ken Bruning, Janet Bruning, David Feron, individually and as Trustee; Mary Feron, individually and as Trustee; Sally Saegmuller Haley and Terrell Page Haley, Individually and Co-trustees; Martha James and Don Haarmeyer, Individually and as Co-Trustees; and Pamela S. North, Appellants, v. SCDHEC and Cat Island POA, c/o Gary Meyer, Respondents. In Re: Garfield Park Phase 3. Cat Island POA, c/o Gary Meyer, Petitioner, v. SCDHEC, Respondent. In Re: Garfield Park Phase 3.

John E. North, Jr., of North & Black, PC, of Beaufort, for Appellants. Mary Duncan Shahid, Stephen Peterson Groves, Sr., and Angelica M. Colwell, of Nexsen Pruet, LLC, of Charleston, for Respondent Cat Island POA. Nathan Michael Haber, of Charleston, for Respondent South Carolina Department of Health and Environmental Control.

Appellants, homeowners of residential, lakefront lots in the Cat Island/Rookery area of Beaufort County, appeal the Administrative Law Court's (ALC's) order approving a permit allowing Respondent, Cat Island POA, to change the existing storm water management system in the community. The change would result in the abandonment of a seven-acre lake currently serving as a detention and treatment pond in favor of in-line filters. Appellants contend the ALC made numerous errors primarily related to its interpretation and application of the South Carolina Coastal Management Program.

 
10:40 a.m. (Time Limits: 10-10-5)
2014-001492    Meredith Huffman, Appellant, v. Sunshine Recycling, LLC and Aiken Electric Cooperative, Inc, Respondents.

James Todd Rutherford, of The Rutherford Law Firm, LLC, and Robert Fredrick Goings, of Goings Law Firm, LLC, both of Columbia, for Appellant. Breon C. M. Walker and Jessica Ann Waller, both of Gallivan, White & Boyd, PA, of Columbia, for Respondent Sunshine Recycling LLC. Pope D. Johnson, III, of Columbia, for Respondent Aiken Electric Cooperative, Inc.

In this action for false imprisonment and malicious prosecution, Appellant Meredith Huffman seeks review of the circuit court's order granting summary judgment to Respondents, Sunshine Recycling, LLC and Aiken Electric Cooperative, Inc. Huffman argues there was a genuine issue of material fact concerning whether Respondents caused, instigated, or procured her arrest. Huffman also argues there was a factual issue regarding Respondents' participation in local law enforcement's charging Huffman with receiving stolen goods.

 
11:20 a.m. (Time Limits: 10-10-5)
2014-001861    Rebecca Jackson, Appellant, v. OSI Restaurant Partners, LLC, Outback Steakhouse of South Carolina, Inc., Outback Steakhouse of Florida, LLC, Private Restaurant Properties, LLC, Private Restaurant Master Lessee, LLC, each d/b/a Outback Steakhouse, Respondents.

L. Lisa McPherson and Melissa Garcia Mosier, both of McWhirter Bellinger & Associates, PA, of Lexington, for Appellant. Christian Stegmaier, Claude Townsend Prevost, III, Meghan Hazelwood Hall, and Kerri Brown Rupert, all of Collins & Lacy, PC, of Columbia, for Respondents.

Rebecca Jackson appeals the trial court's grant of summary judgment in favor of OSI Restaurant Partners, L.L.C., Outback Steakhouse of South Carolina, Inc., Outback Steakhouse of Florida, L.L.C., Private Restaurant Properties, L.L.C., and Private Restaurant Master Lessee, L.L.C., each d/b/a Outback Steakhouse (Respondents) on Jackson's claim for negligence arising from her fall outside of the restaurant.

 
1:40 p.m. (Time Limits: 10-10-5)
2014-002115    One Belle Hall Property Owners Association, Inc. and Brandy Ramey, individually, and on behalf of all others similarly situated, Respondents, v. Trammell Crow Residential Company; TCR NC Construction I, LP; Belle Hall Direct 101, LP; TCR RLD Condominiums, Inc.; CS 101 Belle Hall, LP;TCR Southeast, Inc.; TCR Carolina Properties, Inc.; TCR SE Construction, Inc.; TCR SE Construction II, Inc.; TCR Construction, a division of Trammell Crow Residential; TCR Development, a division of Trammell Crow Residential; Trammell Crow Residential Carolina, a division of Trammell Crow Residential; and Tauer Consulting Company, Inc., a division of Trammell Crow Residential, each individually and collectively d/b/a "Trammell Crow Residential," "Trammell Crow" or "TCR", Halter Properties, LLC; Halter Realty, LLC; and Halter Realty Group, LLC, each individually, and collectively d/b/a/ "Halter Companies"; Jane Doe 1-5; ABG Caulking & Waterproofing of Morristown, Inc. a/k/a ABG Caulking Contractors; Advanced Building Products & Services, LLC; BASF Corporation; Budget Mechanical Plumbing, Inc.; Builders First Source-Southeast Group, LLC; Builders Services Group, Inc., individually, and d/b/a Gale Contractor Services, Inc.; Century Fire Protection, LLC; Cline Design Association, P.A. and Gary D. Cline; Coastal Lumber & Framing, LLC; Dodson Brothers Exterminating Co., Inc. a/k/a Dodson Pest Control; First Exteriors, LLC; Flooring Services, Inc.; General Heating & Air Conditioning Company of Greenville, Inc. d/b/a General Heating and Air; Jimmy Warner, individually, and d/b/a Warner Heating & Air; Glazing Consultants, Inc.; GWC Roofing, Inc., individually, and d/b/a Southcoast Exteriors, Inc.; Houston Stafford Electrical Contractors, LP a/k/a IES Residential, Inc. d/b/a Houston Stafford Electric; KMAC of the Carolinas, Inc.; P&P Metal Sales Co,, Inc. a/k/a P&P Metal Sales, LLC a/k/a P&P Metal Sales, Inc. a/k/a Carolina Metals; Pleasant Places, Inc.; Raymond Building Supply Corporation d/b/a Energy Saving Products of Florida, Inc. a/k/a Energy Saving Products of Florida; RS Custom Homes, LLC; Southern Specialties, Inc.; Structural Contractors South, Inc.; Superior Construction Services, Inc., individually, and d/b/a Superior Masonry Unlimited, Inc.; TAMKO Building Products, Inc. f/k/a TAMKO Roofing Products, Inc.; VNS Corporation, individually, and d/b/a Wholesale Building Products f/k/a Wholesale Building Materials, Inc.; What Don't We Do; and John Doe 1-25, Defendants, Of whom TAMKO Building Products, Inc., is the Appellant. VNS Corp., individually, and d/b/a Wholesale Building Products f/k/a Wholesale Building Materials, Inc., Third-Party Plaintiff, v. Billy Grady d/b/a United Builders, LLC, Third-Party Defendant, Houston Stafford Electrical Contractors, LP a/k/a IES Residential, Inc. d/b/a Houston Stafford Electric, Third-Party Plaintiff, v. J. Correa Electrical Company, LLC. Third-Party Defendant.

Richard Hood Willis, Angela Gilbert Strickland, and Paula Miles Burlison, all of Bowman & Brooke, LLP, of Columbia, for Appellant. Justin O'Toole Lucey and Dabny Lynn, both of Justin O'Toole Lucey, P.A., of Mount Pleasant, for Respondents.

In this civil matter, Tamko Building Products, Inc. (Tamko) appeals the circuit court's denial of its motion to dismiss One Belle Hall Property Owners Association (OBH) and Brandy Ramey's (collectively "Respondents") claims against it and compel arbitration. Tamko argues the court erred in finding the arbitration clause located in its limited warranty was unconscionable and unenforceable.

 
2:20 p.m. (Time Limits: 10-10-5)
2014-002749    Miller Construction Company, LLC, Respondent/Appellant, v. PC Construction of Greenwood, Inc. and Safeco Insurance Company of America, Appellants/Respondents.

Edward Wade Mullins, III, and Caitlin Creswick Heyward, both of Bruner Powell Wall & Mullins, LLC, of Columbia, for Appellant-Respondents. David James Brousseau, of McIntosh, Sherard, Sullivan & Brousseau, of Anderson, for Respondent-Appellant.

In this action seeking damages for breach of contract for failure to pay the balance due on a subcontract and asserting a cause of action on a payment bond, Appellant/Respondent PC Construction of Greenwood, Inc. (PC) appeals the circuit court's denial of a Rule 59(e), SCRCP, motion to alter or amend, arguing the circuit court erred in finding PC could not recover delay damages from Respondent/Appellant Miller Construction Company (Miller). PC further argues the circuit court failed to consider the overwhelming evidence that Miller caused delays on the project. On cross-appeal, Miller argues the circuit court erred in denying Miller pre-judgment interest on its breach of contract cause of action.

 
3:00 p.m. (Time Limits: 10-10-5)
2014-001652    Alan Wilson, Securities Commissioner of South Carolina, Respondent, v. Integrated Capital Strategies, LLC, Appellant.

James Mixon Griffin and Margaret Nicole Fox, both of Griffin - Davis, of Columbia, for Appellant. Ian Parks Weschler, Tracy A. Meyers, and Attorney General Alan McCrory Wilson, all of Columbia, for Respondent. Tracey Colton Green and Chad Nicholas Johnston, both of Willoughby & Hoefer, PA, of Columbia; and Christopher Staley, of Washington, DC, for Amicus Curiae North American Securities Administrators Association, Inc.

Integrated Capital Strategies, LLC argues the circuit court erred in (1) finding the Attorney General had jurisdiction over Appellant, (2) finding the subpoena at issue should be enforced, and (3) considering a document the Attorney General submitted in camera and filed under seal without allowing Appellant to view the document.

 
3:40 p.m. (Time Limits: 10-10-5)
2015-000246    Janette Buchanan and Shana Smallwood, Individually and as Co-Personal Representatives of the Estate of James S. Buchanan, Respondents, v. The South Carolina Property and Casualty Insurance Guaranty Association, Appellant.

Howard A. Van Dine, III, Allen Mattison Bogan, Erik Tison Norton, and Tara C. Sullivan, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Appellant. John S. Nichols of Bluestein Nichols Thompson & Delgado, LLC of Columbia, and Daniel W. Luginbill of Wilson & Luginbill, LLC of Bamberg, for Respondents Janette Buchanan and Shana Smallwood.

In this declaratory judgment action, the South Carolina Property and Casualty Insurance Guaranty Association (the Association) appeals the trial court's order granting summary judgment in favor of Janette Buchanan and Shana Smallwood, individually and as co-personal representatives of the estate of James Buchanan. On appeal, the Association argues the trial court erred in finding the Association's statutory offset of $376,622.00 should be deducted from the claimant's total amount of alleged or stipulated damages of $800,000.00 rather than the Association's mandatory statutory claim limit of $300,000.00.

 
Monday, May 9, 2016
Court Room I
1:40 p.m. (Time Limits: 10-10-5)
2015-000180    The Gates at Williams-Brice Condominium Association and Katharine Swinson, individually, and on behalf of all others similarly situated, Respondents, v. DDC Construction, Inc.; Kapasi Glass Mart, Inc.; DMC Consolidated, Inc.; DMC Builders, Co., Inc., individually and d/b/a The Dinerstein Companies, DC Developers - Columbia Condos, Inc.; Columbia Condos, LP; DMC Developers I, Ltd.; 31-W Insulation Company, Inc.; Associated Concrete Contractors, Inc.; Bailey Electric Company, LLC; C&B Utilities, LP; Carolina Floor Systems, Inc.; Century Fire Protection, LLC; Cherokee Inc.; Coronado Stucco, LP; Cross Plains Custom Tile, Inc.; Lowry Construction & Framing Inc.; LTB Construction, Inc.; Martin Morales Jr. Painting & Drywall, LLC; Metal Construction Materials, Inc.; Southwest Ironworks, Inc.; The Clerkley/Watkins Group, LP; Tindall Corporation; Triad Pest Control, Inc.; Wyman Acoustics LLC; Alenco Holding Corporation, Alenco Window GA, LLC, New AlencoWindow, Ltd.; AWC Holding Company; Crosby Window, Inc., f/k/a/ Action WinDoor Technology, Inc.; Geo-Systems Design & Testing, Inc.; HGE Consulting, Inc.; Maintenance Builders Supply, Ltd.; SCA Engineers, Inc.; Sinclair & Associates, Inc.; Faultless Hardware, individually and d/b/a Pamex Inc.; T & M Concrete, Inc.; Loveless Commercial Contracting, Inc.; Economy Waterproofing, Inc.; BMC West Corporation; Highway One Construction, Inc.; J.I. Windows LLC; Dietrich Industries, Inc., a/k/a Dietrich Metal Framing, Inc. n/k/a Clarkwestern Dietrich Building Systems LLC; Best Masonry and its successor in interest, OldCastle APG; Headwaters, Inc. d/b/a Best Masonry; and John Doe #1-10, Defendants, Of Whom DDC Construction, Inc.; Columbia Condos, LP; C&B Utilities, LP; Carolina Floor Systems, Inc.; Coronado Stucco, LP; Cross Plains Custom Tile, Inc.; Lowry Construction & Framing Inc.; LTB Construction, Inc. and Martin Morales Jr. Painting & Drywall, LLC are the Appellants.

Howard A. Van Dine, III, Allen Mattison Bogan, Erik Tison Norton, and Tara C. Sullivan, all of Nelson Mullins Riley & Scarborough, LLP of Columbia for Appellants. Paul David Greene of Gallivan and Robert Batten Farrar, both of White & Boyd, PA of Greenville, for Appellant Cross Plains Custom Tile, Inc. Emily Ruth Gifford of Richardson Plowden & Robinson, PA of Columbia, for Appellant Carolina Floor Systems, Inc. Justin O'Toole Lucey and Stephanie D. Drawdy, of Justin O'Toole Lucey, P.A., of Mount Pleasant, for Respondents.

The Court of Appeals addresses whether the circuit court erred in denying Appellants' request to enforce the written jury trial and class action waivers in the master deed for the Gates at Williams-Brice Condominiums.

 
2:20 p.m. (Time Limits: 10-10-5)
2015-000035    First South Bank, Respondent, v. John E. Rosenberg and Philip J. Brust, Defendants, Of whom The Estate of Philip J. Brust is the Appellant.

Robert Ernest Sumner, IV and E. Brandon Gaskins of Moore & Van Allen, PLLC, of Charleston, for Appellant. Taylor Anthony Peace and Jeffrey L. Silver, both of Tyler Jackson Peace & Silver LLC, of Columbia, for Respondent.

The Estate of Phillip J. Brust (the Estate) appeals the circuit court's grant of summary judgment in favor of First South Bank (First South) as well as the court's denial of the Estate's motion to amend its answer and counterclaim. The Estate argues the court erred in (1) granting summary judgment because it ignored questions of fact regarding the scope of authority granted under a power of attorney, Brust's knowledge of the guaranty's scope, the effect of subsequent loan modifications, and Brust's proposed counterclaims asserted against First South; and (2) denying the motion to amend because it incorrectly relied upon the doctrine of res judicata rather than deciding the motion under Rule 15, SCRCP.

 
3:00 p.m. (Time Limits: 10-10-5)
2015-000366    Spartanburg Buddhist Center of South Carolina, Respondent, v. Ron Ork and Luke Dong, Appellants. Ron Ork and Luke Dong, Third Party Plaintiffs, v. Chivin Sun, Robert Pek, Sakhan Sok, Sambo Khieav, Sophay Pres, and Tommy Ong, Third Party Defendants.

Thomas Alexander Belenchia and Larry Eugene Gregg, II, of A Business Law Firm, and Thomas Camden Shealy, all of Spartanburg, for Appellants. Scott Franklin Talley and Shannon Metz Phillips of Talley Law Firm, P.A., of Spartanburg, for Respondent.

Appellants Ron Ork and Luke Dong appeal several circuit court orders, arguing the court erred in (1) issuing a temporary injunction on April 21, 2014, (2) issuing a second temporary injunction on May 16, 2014, (3) holding Ork in contempt of the April 21 order, (4) holding Ork in contempt of the May 16 order, and (5) awarding Respondent Spartanburg Buddhist Center of South Carolina $3,500 in attorney's fees.

 
Wednesday, May 11, 2016
Court Room I
10:40 a.m. (Time Limits: 10-10-5)
2015-000044    Virgil "Ray" Passailaigue, Appellant, v. Henry Kuznik, Alfred L. Saad, III, Paul D. Hollen, III, and Thornwell Partners, LLC, Respondents.

Lawrence E. Richter, Jr., and Aaron Eric Edwards, both of The Richter Firm, LLC, of Mount Pleasant, for Appellant. John M. Bleecker, Jr. of Law Office of John M. Bleecker, Jr., of Charleston, for Respondent Henry Kuznik. Lindsey W. Cooper, Jr. and Margarete Linsay Allio, both of The Law Offices of L.W. Cooper Jr., LLC, of Charleston, for Respondent Paul D. Hollen, III. Shaun C. Blake of Rogers Lewis Jackson Mann & Quinn, LLC, of Columbia, for Respondents Alfred L. Saad, III and Thornwell Partners, LLC.

Appellant, Virgil "Ray" Passailaigue, instituted this action against Respondents, Henry Kuznik, Alfred Saad, III, Paul D. Hollen, III, and Thornwell Partners, LLC, alleging failure to pay a promissory note. The trial court granted summary judgment to Respondents. Passailaigue appeals asserting (1) the trial court erred in failing to provide detailed relevant findings of fact and conclusions of law in its order granting summary judgment, (2) the trial court erred in granting summary judgement as there are genuine issues of material fact making summary judgment improper, and (3) he is a third party beneficiary of the promissory note and attendant unconditional guarantees, and thus is in a position to enforce the same.

 
11:20 a.m. (Time Limits: 10-10-5)
2015-000659    Daniel B. Dorn, in his capacity as the Parent and Natural guardian of E.D., R.D., and Y.D., Appellant, v. Paul S. Cohen and Susan Cohen, Individually and in their capacity as the Co-Conservators of the person of Abbie Ilene Dorn, a protected person and ward, and in their capacity as Co-Trustees of the Abbie Dorn Special Needs Trust, Respondents. Paul S. Cohen, M.D. and Susan Cohen, Respondents, v. E.D., R.D., and Y.D., The Living Issue of Abbie Ilene Dorn, and the South Carolina Department of Health and Human Services, Respondents below, Of whom E.D., R.D., and Y.D., The Living Issue of Abbie Ilene Dorn are the Appellants, and the South Carolina Department of Health and Human Services is a Respondent. In Re: The Abbie Dorn Special Needs Trust.

John A. Massalon and Christy Ford Allen, both of Wills Massalon & Allen LLC; and Daniel Scott Slotchiver, of Slotchiver & Slotchiver, LLP; all of Charleston, for Appellants E. D., R. D., Y. D., John Kachmarsky, and Daniel B. Dorn. John Kachmarsky, of Law Office of John Kachmarsky, of Charleston; Virginia Lee Moore, of Moore Johnson & Saraniti Law Firm, PA, of Surfside Beach; Bret Harlan Davis and Reese Rodman Boyd, III, both of Davis & Boyd, LLC, of Myrtle Beach; and Lynette Rogers Hedgepath, of The Hedgepath Law Firm, PA, of Conway, for Respondents Paul S. Cohen, M.D. and Susan Cohen. Shealy Boland Reibold, of Columbia, for Respondent SC Department of Health and Human Services.

Daniel Dorn (Dorn) appeals the circuit court's order dismissing, as interlocutory, his appeal of a probate court order adding a party defendant after the conclusion of Dorn's case-in-chief. Dorn contends the probate court's order adding Abbie Ilene Dorn as a party to his action to remove Paul S. Cohen, M.D. and Susan Cohen as the co-conservators and co-trustees of the Abbie Dorn Special Needs Trust was not interlocutory because it unduly prejudiced Dorn's substantial right to name his own defendants and control the presentation of evidence at trial within the parameters of the South Carolina Rules of Civil Procedure.

 
Cases to be Submitted Without Oral Argument
2014-001243 Marty W. Shaw, Respondent, v. Vickie A. Shaw, Appellant.

2014-002659 The State, Respondent v. Alexander Wilson, Jr., Appellant.

2015-001386 South Carolina Department of Social Services, Respondent, v. Emily Sharpe, Lenton Sharpe, and Marion Wright, Defendants, Of whom Emily Sharpe is the Appellant. In the interest of minors under the age of eighteen.

2014-001960 The State, Respondent, v. James Wright, Appellant.

2014-002249 IN RE: Estate of Valerie D'Agostino Nicholls & Crampton, P.A., Appellant, v. Estate of Valerie D'Agostino, Respondent.

2013-002392 The State, Respondent, v. Otis Robinson, Appellant.

2015-000286 The State, Respondent, v. James Gardner, Appellant.

2014-000186 John McDaniel, Employee, Appellant, v. Career Employment Professional D/B/A Snelling Staffing, Employer, and United Wisconsin Insurance Co., Carrier, Respondents.

2015-000523 Overland, Inc., d/b/a Land Rover Greenville, Appellant, v. Lara Marie Nance, Charlie Andrew Nance, Roger Fields, Synovus Financial Corporation d/b/a NBSC, Branch Banking and Trust Company, Bank of America Corporation, and SunTrust Banks, Inc., Defendants, Of which Bank of America Corporation and SunTrust Banks, Inc. are the Respondents.

2014-002139 In the Matter of the Care and Treatment of Dewey Chadwick, Appellant.

2014-001785 The State, Respondent, v. Javarias G. Teague, Appellant.

2014-001324 The State, Respondent, v. Eddie Mack Stewart, Appellant.

2014-000701 Townes at Pelham Owners' Association Inc., Respondent, v. Donna Boyd, Bank of America, N.A. by Assignment from Mortgage Electronic Registration Systems, Defendants, And Donna Boyd, Third Party Plaintiff v. Eric Hendrick, in his Individual and Official Capacity as Owner or President of Cornerstone Realty, Inc and Cornerstone Realty Inc., Third Party Defendants, Of whom Donna Boyd is the Appellant.

2014-002684 Antonio D. Patterson, Petitioner v. The State, Respondent

2014-000208 Claude W. Graham and Vickie B. Graham, Appellants, v. Town of Latta, South Carolina, Respondent.

2013-002432 SunTrust Mortgage, Inc., Respondent, v. Mark Ostendorff, Appellant.

2015-000177 Judy Sanchez, Employee, Appellant, v. Perry Ellis International, Employer, and The Hartford, Carrier, Respondents.

2014-002414 In the Matter of the Care and Treatment of Johnny Garrett, Appellant.

2014-000658 Donna Myers, Appellant, v. Paul Myers, Respondent.

2014-001671 The State, Respondent, v. Manuel Antonio Pacheco, Appellant.

2015-000158 Branch Banking and Trust Company, Respondent, v. Elie Abikhaled and Ghazi Abikhaled, Appellants.

2014-002339 The State, Respondent, v. Christopher D. Campbell, Appellant.

2014-001202 The State, Respondent, v. Billy Leon Alford, Appellant.

2013-001296 The State, Respondent, v. Michael E. Hawkins, Appellant.

2015-000062 Carmen Morgan, Appellant, v. Thomas Delaney, Respondent.

2014-002436 The State, Respondent, v. David W. Dover, Appellant.

2014-001052 The State, Respondent, v. Timothy George Hobart, Appellant.