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Court of Appeals - Roster of Cases for Hearing

January 2013

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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, January 8, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2010-151386    The State, Respondent, v. Johnnie Gaskin, Appellant.

Tara Dawn Shurling of Law Office Of Tara Dawn Shurling, PA, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, and Senior Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, for Respondent.

Johnnie Walker Gaskins appeals his convictions for two counts of murder, three counts of assault and battery with intent to kill, and one count of possession of a weapon during the commission of a violate crime asserting (1) the trial court erred in admitting crime scene photos of blood splatters and blood pooling, which were duplicative and were admitted for the purpose of inflaming the passions of the jury; (2) the trial court erred in denying his motion for a mistrial, based upon improper admission of highly prejudicial hearsay testimony in the form of a dying declaration and a statement from an anonymous telephone caller; and (3) his right to due process was violated by the trial court's improper and heated response to defense counsel's objection.

 
10:40 a.m. (Time Limits: 10-10-5)
2010-171826    Dawn M. Pontious, Appellant, v. Diana L. Winters and Jason R. Winters, Respondents.

John E. Cheatham of Law Offices of John E. Cheatham, of Lexington, for Appellant. C. Cantzon Foster, II of Foster Law Offices, LLC, of Columbia, for Respondents. Bryan D. Caskey of Foster Law Offices, LLC, of Columbia, for Respondents.

Dawn M. Pontious challenges two post-trial orders issued in a partition action to which she was a party, arguing (1) she was denied her due process right to be heard, (2) the factual conclusions in the orders were without evidentiary support, and (3) the trial court failed to make its own findings of fact based on the evidence.

 
11:20 a.m. (Time Limits: 10-10-5)
2010-169826    The State, Respondent, v. Bobby J. Barton, Appellant.

Assistant Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., of Columbia, for Respondent.

Appellant Bobby Barton seeks review of his armed robbery conviction. Barton argues that the trial court erred in declining to suppress a photo lineup identification because it was unreliable. Barton also argues that the trial court's jury instruction on the accuracy of an identification was incomplete.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-182726    Bruce M. Bryant, Respondent, v. John F. Sipsis, Appellant.

David B. Sample, of Rock Hill, for Appellant. Kristie Hannah Jordan, of York, for Respondent.

In this matter concerning rightful title to a vehicle, Fotios Sipsis appeals the trial court's order granting summary judgment to Bruce M. Bryant, Sheriff of York County. Sipsis contends 1) the court erred in finding that a lien against an automobile must necessarily be recorded on the title to be valid, 2) the court erred in finding that there was no lien against the title at issue as there was sufficient evidence of such a lien to create a genuine issue of material fact, and 3) a valid issue of material fact existed as to whether or not the forfeiture of the vehicle would cause an undue hardship to the register owner's family requiring it to be returned to the registered owner under Section 16-13-175 (C) of South Carolina Code (2003).

 
Wednesday, January 9, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2012-208307    Mario S. Inglese and Mario S., Inglese, PC, Appellant, v. Linda Erickson, Russell S. Stemke, and Carl H. Beal, Jr., Defendants, Of Whom Carl H. Beal, Jr. is the Respondent.

Charles M. Feeley, of Summerville, for Appellants. Eugene P. Corrigan, III, of Corrigan & Chandler, LLC, of Charleston, for Respondent.

In this civil action for equitable indemnification and unjust enrichment, Appellants argue the circuit court's grant of summary judgment in favor of Respondents was error because (1) Appellants are not barred from recovery under the Voluntary Payment Doctrine, (2) the doctrine of Unclean Hands does not bar Appellants from recovery, and (3) the Appellant's damages were not caused by their own conduct.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-208007    W. H. Bundy, Jr., Appellant, v. Bobby Brent Shirley, Respondent.

Michael Brent McDonald of Smith Bundy Bybee & Barnett, PC, of Mount Pleasant, for Appellant. Stephen A. Spitz, of Charleston, for Appellant. John W. Wells of Baxley Pratt & Wells, of Lugoff, for Respondent.

This appeal arises from a declaratory judgment action filed by Appellant W.H. Bundy, Jr. against Respondent Bobby Brent Shirley. On appeal, Bundy argues the special referee erred in (1) finding Shirley established a right to a prescriptive easement and (2) failing to rule that Shirley's inequitable conduct barred any relief due to the doctrine of unclean hands.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-197635    The State, Respondent, v. Roger Bruce, Appellant.

Senior Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Brendan Jackson McDonald, all of Columbia, for Respondent.

In this criminal murder case, Appellant argues the trial court erred in refusing to supress evidence seized from his residence and car because the trial court erroneously ruled the victim's body would have been discovered pursuant to the inevitable discovery doctrine.

 
2:20 p.m. (Time Limits: 10-10-5)
2011-198030    Margaret Anne Curry, Respondent, v. Allen T. Curry, Appellant.

Paul E. Tinkler and Taylor Elizabeth Long of Law Office of Paul Tinkler, of Charleston, for Appellant. Anne Frances Bleecker of The Bleecker Law Firm, LLC, of Charleston, for Respondent. Dana Rachel Wine of The Wine Law Firm, LLC, of Mt. Pleasant, for Respondent.

Husband appeals the family court's order granting the parties a divorce and equitably dividing the marital property. He argues the family court erred in (1) giving him insufficient credit for contributing non-marital property and (2) finding his use of alcohol constituted habitual intoxication.

 
3:00 p.m. (Time Limits: 15-15-5)
2011-198586    Leon P. Butler, Jr., Respondent, v. William L. Wilson a/k/a Billy Wilson, Appellant.

Howell V. Bellamy, Jr. and George W. Redman, III, both of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., of Myrtle Beach, for Appellant. Neil D. Wright of Barnett & Wright, PA, of Myrtle Beach, for Respondent.

In this dispute over a commercial lease, William L. Wilson appeals the special referee's order, arguing the special referee erred in (1) finding Wilson failed to give his landlord notice of his intent not to renew his lease; (2) finding Wilson's landlord had no duty to mitigate damages; (3) finding the lease permitted Wilson's landlord to accelerate rental payments; (4) failing to consider evidence concerning mitigation; and (5) awarding pre-judgment interest.

 
Thursday, January 10, 2013
Court Room I
10:40 a.m. (Time Limits: 10-10-5)
2011-194306    The State of South Carolina, Respondent, v. Martin Policao, Defendant, and A AAA Bail Bonds, Appellant, and American Surety, Appellant. The State of South Carolina, Respondent, v. Robin Cardenas, Defendant, and A AAA Bail Bonds, Appellant, and American Surety, Appellant. The State of South Carolina, Respondent, v. Fernando Nunez, Defendant, and A AAA Bail Bonds, Appellant, and Bankers Insurance, Appellant. The State of South Carolina, Respondent, v. Edwin Quijivix, Defendant, and A AAA Bail Bonds, Appellant, and American Surety, Appellant.

S. Jahue Moore, Sr. of Moore Taylor & Thomas, PA, of West Columbia, for Appellants. John Calvin Bradley, Jr. of West Columbia SC for Appellants. Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott,and Assistant Attorney General William M. Blitch, Jr., all of Columbia, for Respondent. Solicitor Scarlett Anne Wilson of Charleston for Respondent.

This is a consolidated appeal arising from four bond revocation orders issued by the trial court. On appeal, Appellants A AAA Bail Bonds and American Surety argue the trial court erred in ordering estreatment of the bonds.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-208467    Midlands Math and Business Academy Charter School, Appellant, v. Richland County School District One Board of Commissioners, Respondent.

Jenny Anderson Draffin and Samuel M. Mokeba, both of Baker Ravenel & Bender, LLP, of Columbia, for Appellant. Charles J. Boykin of Boykin & Davis, LLC, of Columbia, for Respondent. Ralph J. Smiley, of Orangeburg, for Respondent.

In this administrative appeal, Midlands Math and Business Academy Charter School appeals the administrative law court's decision affirming the Richland County School District 1 Board of Commissioners' decision to revoke the School's charter.

 
12:00 p.m. (Time Limits: 10-10-5)
2010-155115    Tommy Burgess, Respondent, v. State of South Carolina, Petitioner.

Attorney General Alan Wilson and Assistant Attorney General Megan Elizabeth Harrigan, of Columbia, for Petitioner. Senior Assistant Appellate Defender Robert M. Pachak, of Columbia, for Respondent.

The State appeals the post-conviction relief court's grant of new trial, arguing that the court failed to undertake an analysis of whether Burgess was prejudiced by his counsel's failure to request a jury instruction regarding Burgess's absence from trial and whether that absence could be held against him.

 
12:00 p.m. (Time Limits: 10-10-5)
2010-155115    Tommy Burgess, Respondent, v. State of South Carolina, Petitioner.

Robert M. Pachak of Columbia SC for Respondent Tommy Burgess, Mary Shannon Williams of Columbia SC for Petitioner State of South Carolina

The State appeals the post-conviction relief court's grant of new trial, arguing that the court failed to undertake an analysis of whether Burgess was prejudiced by his counsel's failure to request a jury instruction regarding Burgess's absence from trial and whether that absence could be held against him.

 
Tuesday, January 15, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-199991    Roger Wendell Walker, as the Personal Representative of the Estate of Kenneth Ray Walker and individually as a surviving child and Devisee of the Decedent, Kenneth Ray Walker (d/o/d 09/20/2008), Jimmy Ray Walker, and Wilson Whitney Walker as surviving children and Devisees of the Decedent, Kenneth Ray Walker, who died testate on 09/20/2008, Respondents, v. Catherine W. Brooks, Appellant.

Everett H. Garner and Benjamin Allen Dunn, II, both of Holler Dennis Corbett Ormond Plante & Garner, of Columbia, for Appellant. Gregory Samuel Forman of Gregory S. Forman, PC, of Charleston, for Respondent. Everett W. Bennett, Jr., of Walterboro, for Respondent.

In this appeal involving a property dispute, Catherine Brooks argues the special referee erred in finding: (1) the deeds at issue constituted an equitable mortgage against the property, and (2) the Respondents were entitled to ownership of the property under the theory of resulting trust.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-189009    Roosevelt Simmons, Appellant, v. Hattie Bailum, Ruby Bailum, Verdone Bailum, Julie B. Johnson, Monica Middleton, Marie Smith, Melvin Singleton, Franklin Smith, LMC, LLC, John Martin, Esquire as Trustee, Respondents.

Edward A. Bertele, of Charleston, for Appellant. Anastasios Hugh Chakeris of Chakeris Law Firm, of Charleston, for Respondents. John A. Massalon and Ilonka Sonja Taylor, both of Wills Massalon & Allen LLC, of Charleston, for Respondents. John F. Martin, of Charleston, for Respondent pro se.

In this action arising from the partitioning of four parcels of property on John's Island, Roosevelt Simmons appeals from the trial court's order granting summary judgment to Hattie Bailum, Ruby Bailum, Verdone Bailum, Julie B. Johnson, Monica Middleton, Marie Smith, Melvin Singleton, Franklin Smith, LMC, LLC, and John Martin, Esq. as Trustee (collectively, Respondents). Simmons argues the court erred in: (1) granting summary judgment on the basis of res judicata; (2) granting summary judgment on his claim of fraud on the court; (3) granting summary judgment based solely on the dismissal of the prior appeal; (4) granting summary judgment because no discovery had occurred; (5) not disqualifying Respondents' attorney and dismissing Respondents' motion to dismiss; and (6) not issuing a temporary injunction.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-203546    Denise F. Bowen, Appellant, v. State Farm Mutual Automobile Insurance Company, Respondent.

Edwin L. Turnage of Harris & Graves, PA, of Greenville, for Appellant. T. David Rheney and Stephanie G. Flynn, both of Gallivan, White & Boyd, PA, of Greenville, for Respondent.

This appeal concerns Appellant's resident relative status for the purpose of determining insurance coverage. Appellant contends the trial court erred in granting summary judgment, analyzing resident relative factors, and interpreting State Farm's policy. Additionally, Appellant alleges State Farm's policy violates South Carolina public policy.

 
12:00 p.m. (Time Limits: 10-10-5)
2012-207488    I. Lehr Brisbin, Appellant, v. Aiken Electric Cooperative, Inc., Gary L. Stooksbury, and Carolina Tree Company, Inc., Defendants, Of whom Aiken Electric Cooperative, Inc. and Gary L. Stooksbury are the Respondents.

Mark John Devine of The Law Office of Mark J. Devine, of Aiken, for Appellant. Donnell G. Jennings of Turner Padget Graham & Laney, PA, of Columbia, for Respondents. Pope D. Johnson, III of Johnson & Barnette, LLP, of Columbia, for Respondents.

I. Lehr Brisbin appeals the trial court's grant of summary judgment in favor of Aiken Electric Cooperative, Inc. (AEC), and Gary Stooksbury (collectively referred to as Respondents). Brisbin contends the trial court erred in finding he did not present any damages to sustain his causes of action, and he further maintains the trial court erred in failing to grant his request for an injunction.

 
Wednesday, January 16, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-194828    Allegheny Casualty Company, Appellant, v. Netmoco, Inc., Nora B. Lewis, and Harold L. Lewis, Respondents.

Kimila Lynn Wooten of Elmore Goldsmith, PA, of Greenville, for Appellant. Jason Michael Imhoff of The Ward Law Firm, PA, of Spartanburg, for Respondents.

On appeal, Appellant Allegheny Casualty Company argues the trial court erred in granting summary judgment to Respondents, Netmoco, Inc, Nora B. Lewis, and Harold B. Lewis, based on the language in the settlement agreement between the parites made in the underlying case.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-205589    State Farm Fire and Casualty Company, Respondent, v. Phyllis Paden-Adams and Alonzo Adams, Appellants.

Walter Keith Martens and Christi P. Cox, both of Hamilton Martens & Ballou, LLC, of Rock Hill, for Appellants. Ronnie Fred Craig of Clawson & Staubes, LLC ,of Charlotte NC, for Respondent. Charles R. Norris of Nelson Mullins Riley & Scarborough, LLP, of Charleston, for Respondent.

This case involves the issue of whether an insurer is liable under an underinsured motorist provision for injuries arising out of the ownership, maintenance, or use of a vehicle where the vehicle's use and resulting injury were separate in time.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-205706    Chase Home Finance, LLC, Appellant, v. Cassandra S. Risher, individually, as Personal Representative and Legal Heir of the Estate of Sidney Allan Risher, Justin R., a minor, Sydney R., a minor, Ashley R., a minor, Sidney J. Risher, Pierre Risher and Drayton Holmes, as Legal Heirs to the Estate of Sidney Allan Risher and Highland Hills Homeowners Association, Inc., Defendants, Of whom Cassandra S. Risher is Respondent.

Louis H. Lang and Jennifer Norris Stone, both of Callison Tighe & Robinson, LLC, of Columbia, for Appellant. Kevin T. Hardy of Korn Law Firm, PA, of Columbia, for Appellant. H. Ronald Stanley, of Columbia, for Respondent.

Appellant Chase Home Finance brought this action against Respondent Cassandra S. Risher and others for foreclosure of a mortgage, establishment of an equitable lien, and unjust enrichment. Following a hearing on the equitable lien and unjust enrichment claims, the master-in-equity issued an order denying any form of equitable relief to Chase Home Mortgage. Chase Home Mortgage appeals, arguing the master erred in ruling (1) Chase failed to prove the necessary elements to establish an equitable lien, (2) Chase failed to establish the necessary elements to recover for unjust enrichment under South Carolina common law, (3) Chase failed to establish the necessary elements to recover under the federal common law theory of unjust enrichment, and (4) Chase was not entitled to any form of equitable relief.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-205208    Rebecca Elliott, Appellant, v. South Carolina Department of Social Services, Respondent.

James Fletcher Thompson of James Fletcher Thompson, LLC, of Spartanburg, for Appellant. Taron Brown Davis, of Columbia, for Respondent.

Appellant Rebecca Elliott seeks review of the family court's decision to uphold the placement of her name on the Central Registry of Child Abuse and Neglect. Elliott argues that the investigation conducted by the South Carolina Department of Social Services (DSS) violated statutory guidelines as well as DSS policy and procedures. Elliott also argues that DSS failed to prove her actions fall within South Carolina's definition of child abuse.

 
Thursday, January 17, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2010-162287    The State, Respondent, v. Brian K. Spears, Appellant.

Senior Assistant Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Alan McCrory Wilson. Chief Deputy Attorney General John W. McIntosh, and Assistant Attorney General Brendan Jackson McDonald, all of Columbia, for Respondent. Solicitor John Gregory Hembree, of Conway, for Respondent.

Appellant Brian Spears appeals his convictions of murder and three counts of assault and battery with intent to kill, arguing the trial court improperly admitted evidence of a prior bad act.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-206508    Gregory Brown, Respondent, v. Willie Brown, Jr., Charles Brown, Joe Brown, Nellie Brown Boyd, Vivian Brown Dowdy, First Federal, and First Financial Holdings, Inc, Defendants, Of whom Willie Brown, Jr., Charles Brown, Joe Brown, Nellie Brown Boyd and Vivian Brown Dowdy are the Appellants.

Gerald D. Jowers, of Columbia, for Appellants. John E. Schmidt, III of Schmidt & Copeland, LLC, of Columbia, for Respondent.

In this action for partition and accounting, the appellants argue the master-in-equity erred (1) in ordering that the real property at issue be partitioned by sale; (2) in the determination of the amount of money they owe the respondent; and (3) in awarding the respondent attorney's fees.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-206986    Kristin A. Busillo, Respondent, v. City of North Charleston, Appellant.

Christopher Thomas Dorsel of Senn Legal, LLC, of Charleston, for Appellant. Keith Edward Robinson of Law Offices of William A. Green, of North Charleston, for Respondent.

In this civil appeal, the City of North Charleston argues that the circuit court erred in (1) denying the city's motion in limine to exclude evidence regarding physical damage to property; (2) denying the city's motion in limine to exclude the testimony of an expert witness that had not be disclosed during discovery; and (3) refusing to give the jury a special verdict form with regard to comparative negligence.

 
12:00 p.m. (Time Limits: 10-10-5)
2012-207208    Jessica Caldwell, Respondent, v. Amy Wiquist, Appellant. Brian Caldwell, Respondent, v. Amy Wiquist, Appellant.

W. Toland Sams of Sams & Sams, of Beaufort, for Appellant. Colden R. Battey, Jr. of Harvey & Battey, PA, of Beaufort, for Respondents.

This consolidated appeal arises out of two lawsuits filed by Respondents Jessica Caldwell and Brian Caldwell seeking damages for injuries sustained in an automobile accident. On appeal, Appellant Amy Wiquist argues the trial court erred in denying her motion to set aside the default judgment.

 
12:40 p.m. (Time Limits: 10-10-5)
2011-199646    Jerome Wagner, Appellant, v. Robin Wagner, Respondent.

Susan Batten Lipscomb of Lipscomb Law Firm, PA of Columbia SC for Appellant Jerome Wagner, Coreen B. Khoury of Folks Khoury & DeVenny, LLC of Lancaster SC for Respondent Robin Wagner

In this appeal from the family court, Jerome Wagner appeals the court's final order in his divorce, arguing that the court erred when conducting its valuation of certain marital property and in distributing certain marital and nonmarital property.

 
Tuesday, January 8, 2013
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2011-183186    Frances Castine, Respondent, v. David W. Castine, Appellant.

Robert Merrell Cook, II of The Robert Cook Law Firm, LLC, of Batesburg-Leesville, for Appellant. S. Jahue Moore, Jr. of Moore Taylor & Thomas, PA, of West Columbia, for Respondent.

In this defamation case, David Castine appeals the circuit court's grant of summary judgment in favor of the plaintiff, Frances Castine, arguing he presented sufficient evidence of the truth of the allegedly defamatory statements to withstand summary judgment. Furthermore, he contends the circuit court erred in finding his communications as a citizen regarding a public employee are privileged and that he acted with malice as a matter of law.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-185686    Maria E. McGaha, Respondent, v. Honeywell Int'l, Inc., Employer and Zurich North America, Carrier, Appellants.

Vernon F. Dunbar of Turner Padget Graham & Laney, PA, of Greenville, for Appellants. Kathryn Williams and Donald E. Kamb, Jr., of Kathryn Williams, PA, of Greenville, for Respondent.

Honeywell International, Inc. and Zurich North America argue the circuit court erred in affirming the South Carolina Workers' Compensation Commission's Appellate Panel's findings that Maria McGaha sustained a compensable injury to her neck and was entitled to temporary total disability benefits.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-187826    Stoney Creek Villas Regime B Owners Association, Inc., Respondent, v. George J. Quinn and Karen Quinn, Appellants. George J. Quinn, Appellant, v. Stephen Halpern and Joe Pesce, Respondents.

H. Fred Kuhn, Jr. of Moss Kuhn & Fleming, PA, of Beaufort, for Appellants. Terry A. Finger of Finger & Fraser, PA, of Hilton Head Island, for Respondent Stoney Creek Villas Regime B Owners Association. John E. North, Jr. of North & Black, PC, of Beaufort, for Respondents Stephen Halpern and Joe Pesce.

In two separate but consolidated cases involving a foreclosure action and judicial sale of a condominium, George and Karen Quinn appeal, arguing the master in equity erred in (1) not granting their post-trial motions in the first case, and (2) dismissing the second case pursuant to Rule 12(b)(6) for failure to state facts sufficient to constitute a cause of action.

 
12:00 p.m. (Time Limits: 15-15-5)
2011-192409    Roosevelt Simmons, Appellant, v. Berkeley Electric Cooperative Inc., and St. John's Water Company, Inc., Respondents.

Edward A. Bertele, of Charleston, for Appellant. Gaines W. Smith and Jeffrey C Moore, both Legare Hare & Smith, of Charleston, for Respondent St. Johns Water. John B. Williams and J. Jay Hulst, both of Williams & Hulst, LLC, of Moncks Corner, for Respondent Berkeley Electric.

Roosevelt Simmons appeals the master-in-equity's grant of summary judgment in favor of Berkley Electric Cooperative and St. John's Water Company as to his claims for trespass, unjust enrichment, and declaratory relief. Simmons contends the master erred in making his decision based on the existence of an express easement over Simmons' property when neither respondent requested such in their summary judgment motions. He further maintains the master erred in finding an express easement in favor of Berkley Electric when issues of fact existed as to the scope of the easement and in favor of St. John's Water because its claim of right was based on an encroachment permit. Simmons also argues the master erred in granting summary judgment to both respondents when the material facts regarding a prescriptive easement were disputed.

 
Wednesday, January 9, 2013
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2011-192973    Clarence Edward Looney and Grover E. Lown, Jr., Respondents, v. Grass Roots of South Carolina, Inc., Ed Kelleher, Robert Butler, and Robert Holliday, Appellants.

Jonathan P Whitehead of The Law Offices of Jonathan P. Whitehead, LLC, of Mauldin, for Appellants. Stephen Fulton Shaw, of Travelers Rest, for Appellants. S. Jahue Moore and John Calvin Bradley, Jr., of West Columbia, for Respondents.

In this nonprofit corporation dispute, Ed Kelleher, Robert Butler, Robert Holliday, and GrassRoots of South Carolina, Inc. (Appellants) appeal the circuit court's finding in favor of Clarence Edward Looney and Grover E. Lown, Jr. (Respondents). Appellants contend the circuit court erred in issuing a preliminary injunction against them in (1) finding void until a membership meeting could be held a mail-in ballot vote to amend GrassRoots's articles of incorporation and (2) ordering Appellants to grant Respondents access to GrassRoots's membership list and other corporate records

 
10:40 a.m. (Time Limits: 10-10-5)
2011-193908    Archie Eddie Jones, Jr., Employee, Respondent, v. 3M Corporation, Employer and Old Republic Insurance Company, Carrier, Appellants.

Vernon F. Dunbar of Turner Padget Graham & Laney, PA, of Greenville, for Appellants. Kathryn Williams of Greenville for Respondent.

Appellants, 3M Corporation (Employer) and Old Republic Insurance Company (Carrier), seek review of the circuit court's order upholding a decision of the South Carolina Workers' Compensation Commission (Commission). Appellants challenge the Commission's conclusion that Respondent Archie Jones (Claimant) sustained physical brain damage as a result of a work-related accident on June 3, 1997. Appellants also challenge the Commission's finding that Claimant sustained injuries to his urological system as a result of the June 3, 1997 accident.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-194147    Roper, LLC, Respondent, v. Harris Teeter, Inc., Carolina & Georgia Immobilelienfonds I, L.P., GOA Realty Management I, LLC, Germania of America, Inc. Miller & Martin PLLC, New Spring Community Church, John Doe, Richard Doe, and Doe Corporation, Defendants, Of whom, Germania of America, Inc., is the Appellant, And Harris Teeter, Inc., is the Respondent.

Sarah Day Hurley of Turner Padget Graham & Laney, PA, of Greenville, for Appellant. W. Francis Marion, Jr. and Bonnie Allen Lynch, both of Haynsworth Sinkler Boyd, PA, of Greenville, for Respondent.

Germania of America, Inc. appeals the trial court's grant of summary judgment in favor of co-defendant Harris Teeter, Inc. on plaintiff Roper, LLC's breach of contract claim.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-195866    Diane Bass and Otis Bass, Individually and as Parents and Guardians of Alex B., a minor under the age of ten (10) years, and Hanna B., a minor under the age of ten (10) years, Respondents, v. South Carolina Department of Social Services, Appellant.

Patrick John Frawley of Davis Frawley Anderson McCauley Ayer Fisher & Smith, LLC, of Lexington, for Appellant. John K. Koon and Jamie L. Walters, both of Koon & Cook, PA, of Columbia, for Respondents. Lee Deer Cope of Peters Murdaugh Parker Eltzroth & Detrick, PA, of Hampton, for Respondents.

This tort case involves the placement by South Carolina Department of Social Services of Respondents' minor children after the children became sick. Respondents alleged DSS failed to conduct a thorough investigation before the deciding to remove the children from Respondents' custody. DSS admitted the investigation was not thorough but argued its involvement in the family showed at least slight care. A jury rendered a verdict for Respondents, finding DSS grossly negligent in investigating the family before removing the children and recklessly inflicted emotional distress upon Respondents. DSS appeals the denial of its motion for JNOV, arguing the circuit court erred in holding jury questions existed as to whether (1) Respondents voluntarily participated in relative placement; (2) DSS was grossly negligent in investigating the family; and (3) DSS recklessly inflicted emotional distress on Respondents.

 
Thursday, January 10, 2013
Court Room II
10:00 a.m.
2011-195746    Ruth Sturkie LeClair, as Next of Kin to and Personal Representative of the Estate of Raymond Conrad LeClair, Appellant, v. Palmetto Health, Respondent.

Stephen R. Soltis, Jr. of Soltis Law Firm, of Lexington, for Appellant. Andrew F. Lindemann of Davidson & Lindemann, PA, of Columbia, for Respondent. James E. Parham, Jr. of James E. Parham, Jr., P.A., of Irmo, for Respondent.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-190688    The State, Appellant, v. Robert Steve Jolly, Respondent.

Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Mark Reynolds Farthing all of Columbia, for Appellant. Chief Appellate Defender Robert Michael Dudek and Assistant Appellate Defender David Alexander, both of Columbia, for Respondent.

The State appeals the circuit court's dismissal of two counts of obtaining property by false pretenses against Robert Jolly based on double jeopardy. The State contends the circuit court erred in finding Jolly's being held in criminal contempt for the same conduct precluded his prosecution because the offenses were not identical and required proof of different elements.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-204366    The Spriggs Group, P.C., Respondent, v. Gene R. Slivka, Appellant.

Robert T. Lyles, Jr. of Lyles & Lyles, LLC, of Charleston, for Appellant. A. Bright Ariail and James Atkinson Bruorton, IV of Rosen Rosen & Hagood, LLC, of Charleston, for Respondent.

In this action for foreclosure of a mechanic's lien and breach of contract, Gene Slivka argues the circuit court erred in (1) submitting a question involving the interpretation of a statute to the jury; (2) failing to direct a verdict; and (3) awarding The Spriggs Group attorneys' fees and costs.

 
12:00 p.m. (Time Limits: 10-10-5)
2012-205507    Robbin Bradley Cole, Employee, Respondent, v. Goodman Conveyor Company, d/b/a Joy Mining Machinery, Employer and Indemnity Insurance Company of N.A., Carrier, Appellants.

Weston Adams, III and Helen Faith Hiser, both of McAngus Goudelock & Courie, LLC, of Mt. Pleasant, for Appellants. J. Lynn Shook, of Greenville, for Respondent.

Robbin Bradley Cole filed this workers' compensation action against Goodman Conveyor Co., d/b/a Joy Mining Machinery, Employer, and Indemnity Insurance Co. of N.A., Carrier (collectively Goodman). The single commissioner and the appellate panel (the Commission) of the South Carolina Workers' Compensation Commission issued orders awarding Cole benefits. Goodman appeals, arguing (1) the Commission erred in finding Cole suffered an injury by accident on or about September 8, 2008; (2) the Commission erred in determining Cole's work exposure contributed 29% impairment to each lung; (3) the Commission erred in finding Goodman received actual notice of the work-related injury; (4) the Commission erred in finding Cole permanently and totally disabled; and (5) the Commission erred in ordering Goodman to pay Cole the uncommuted value of 145 weeks of compensation.

 
Cases to be Submitted Without Oral Argument
2009-145147 Larry Harrison, Petitioner, v. State of South Carolina, Respondent.

2010-151186 Marcus T. Spencer, Petitioner, v. State of South Carolina, Respondent.

2010-151193 Sandra Richardson, Respondent, v. State of South Carolina, Petitioner.

2010-151207 Charles Earl Richey, Petitioner, v. State of South Carolina, Respondent.

2010-154471 Dwight Sullivan, Petitioner, v. State of South Carolina, Respondent.

2010-155786 Tron Jawin Wilson, Petitioner, v. State of South Carolina, Respondent.

2010-159967 Kenneth J. Roach, Petitioner, v. State of South Carolina, Respondent.

2010-161447 Terrance V. Smith, Petitioner, v. State of South Carolina, Respondent.

2010-164068 Vaughn Williams, Petitioner, v. State of South Carolina, Respondent.

2010-164070 Denise Hagen, Petitioner, v. State of South Carolina, Respondent.

2010-164886 Jesus Santana, Jr., Petitioner, v. State of South Carolina, Respondent.

2010-165046 Bruce Lee Hudson, Petitioner, v. State of South Carolina, Respondent.

2010-168753 Starr Richardson, Petitioner, v. State of South Carolina, Respondent.

2010-169486 Anthony Bernard Simpson, Petitioner, v. State of South Carolina, Respondent.

2010-170726 Duston Lenier Rogers, Petitioner, v. State of South Carolina, Respondent.

2010-170886 Terry L. Smith, Petitioner, v. State of South Carolina, Respondent.

2010-173532 Edward Robinson, Petitioner, v. State of South Carolina, Respondent.

2011-191688 Henry Belton, Petitioner, v. State of South Carolina, Respondent.

2011-189727 The State, Appellant, v. Raymond Flores, Respondent.

2011-192329 The State, Respondent, v. Darius Cathcart, Appellant.

2011-187567 The State, Respondent, v. Matthew Taylor Hinton, Appellant.

2011-192331 The State, Respondent, v. Jonta Embray Green, Appellant.

2011-195026 The State, Respondent v. David Myers, Appellant.

2012-210290 The State, Respondent, v. Henry Junior Galloway, Appellant.

2011-189326 The State, Respondent v. Gregory Velez, Appellant.

2011-190691 The State, Respondent, v. Robert Steve Jolly, Appellant.

2011-205427 The State, Respondent v. Michael McKnight, Appellant.

2011-200726 The State, Respondent v. Tara Weber, Appellant.

2012-207306 The State, Respondent, v. Martin Keenan, Appellant.

2010-162886 The State, Respondent, v. Trey Williams, Appellant.

2010-180886 The State, Respondent v. Bernaldino Ocasio, Appellant.

2011-189366 Eugenia Minniti f/k/a Eugenia Steedley, Appellant, v. M. Scott Steedley, Respondent.

2011-193966 Reginald Gilliam, 240636, Appellant, v. Judy Burns and Index Journal Newspaper, Respondents.

2011-198666 The State, Respondent v. Matthew Stevens, Appellant.

2012-207709 Timotheus E. Hemingway, #28667, Appellant, v. South Carolina Department of Corrections, Respondent.