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Court of Appeals - Roster of Cases for Hearing

February 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.
Monday, February 4, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2009-133509    Deborah J. Clegg, as Personal Representative of the Estate of Allison T. Clegg, Appellant, v. Elliott M. Lambrecht and Rhett Barker, Respondents.

H. Fred Kuhn, Jr. of Moss Kuhn & Fleming, PA of Beaufort, for Appellant. Edward K. Pritchard, III, of Pritchard & Elliott, LLC, of Charleston, for Respondents.

In this wrongful death action, Appellant Deborah Clegg (Clegg) seeks review of the circuit court's grant of summary judgment to Respondent Rhett Barker (Barker) as to Clegg's assertion that Barker and Defendant Elliott Lambrecht were engaged in a joint venture or common enterprise at the time of the automobile accident in which Clegg's daughter died.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-205569    Loretta Springs, Appellant, v. Clemson University and State Accident Fund, Respondent.

Paul Carlton Rathke of The Joel Bieber Firm, of Greenville, for Appellant. Reginald M. Gay of McNair Law Firm, PA, of Anderson, for Respondents.

Loretta Springs appeals the South Carolina Workers' Compensation Commission Appellate Panel's (Appellate Panel) order, arguing the Appellate Panel erred by finding (1) Springs's mental injury was not compensable and (2) Springs was not totally and permanently disabled as a result of her work-related injury.

 
11:20 a.m. (Time Limits: 10-10-5)
2010-164206    Linda Rose Barber, Respondent, v. Daryl Scott Barber, as Personal Representative of the Estate of Robert Donald Barber, Appellant.

Timothy G. Quinn of Law Office of Quinn & Quinn, of Columbia, for Appellant. James W. Corley, of Columbia, for Respondent.

Husband's estate (Husband) appeals from the final order of the family court granting Wife a divorce, equitably dividing the parties' property, and awarding alimony to Wife. He argues the family court erred in (1) reconstructing the record on appeal, (2) directing the equitable distribution be retroactive to December 1, 2009, (3) awarding Wife the benefit of Husband's survivor's benefit plan, (4) awarding Wife alimony retroactive to December 1, 2009, and (5) awarding Wife attorney's fees of $1,547.50.

 
Tuesday, February 5, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-184308    The State, Respondent, v. Randy Blythe, Jr., Appellant.

Assistant Appellate Defender Breen Richard Stevens, 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 Julie Kate Keeney, of Columbia, for Respondent.

Randy Blythe, Jr., was convicted of and sentenced for distribution of a cocaine base and distribution within a half-mile of a school or public park. He appeals, arguing the trial court erred in admitting a statement he gave while in custody but prior to the reading of his Miranda rights.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-187128    The State, Respondent, v. Richard Lewis, Appellant.

C. Rauch Wise, of Greenwood, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, all of Columbia, for Respondent. Solicitor Jerry W. Peace ,of Greenwood, for Respondent.

Richard Brandon Lewis appeals his conviction of aiding and abetting homicide by child abuse (aiding and abetting). He argues the trial court erred in (1) failing to direct a verdict in his favor on the charge of aiding and abetting; (2) failing to charge the jury that the State had to prove Lewis had a legal duty to protect Audrina Hepburn (Victim) before a conviction of aiding and abetting could be given; (3) failing to declare a mistrial when a witness testified that a statement by Lewis had "the possibility of guilt behind it"; and (4) failing to require the State to open fully on the law and the facts.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-190648    William David Farrow, Jr. and Karen W. Farrow, Respondents, v. Jerry W. Darby, Appellant.

Charles E. Carpenter, Jr. and Carmen Vaughn Ganjehsani, both of Carpenter Appeals & Trial Support, LLC, of Columbia, for Appellant. George Verner Hanna, IV of Howser Newman & Besley, LLC, of Columbia, for Appellant. J. Falkner Wilkes, of Greenville, for Respondents. Cameron Grant Boggs, of Greenville, for Respondents.

In this negligence action involving the collision of a motorcycle and a cow, defendant Jerry Darby appeals the trial court's decision to admit evidence of prior incidents of cows straying from their pastures, Darby's cattle herding practices, and fence conditions at a pasture.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-193386    JP Morgan Chase Bank, National Association, Respondent, v. Vanessa Y. Bradley, Appellant.

Susan P. Ingles of S.C. Legal Services, of Greenville, for Appellant. Samuel C. Waters of Rogers Townsend & Thomas, PC, of Columbia, for Respondent. Mary McFarland Caskey and James Y. Becker of Haynsworth Sinkler Boyd, PA, of Columbia, for Respondent. Sarah Patrick Spruill of Haynsworth Sinkler Boyd, PA, of Greenville, for Respondent.

In this appeal of a foreclosure action, Appellant Vanessa Y. Bradley seeks review of the Special Referee's order denying her motion to set aside the foreclosure sale of her property.

 
2:20 p.m. (Time Limits: 10-10-5)
2010-177349    The State, Respondent, v. Manuel Marin, 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, all of Columbia, for Respondent. Barry Joe Barnette and Russell D. Ghent, of Spartanburg, for Respondent.

Manuel Marin appeals his convictions for murder and possession of a weapon during the commission of a violent crime. He argues the trial court erred in refusing to instruct the jury on self-defense and on section 16-11-450(a) of the South Carolina Code.

 
3:00 p.m. (Time Limits: 10-10-5)
2010-177466    The State, Respondent, v. Craig D. Keeling, Appellant.

Assistant Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, of Columbia, for Respondent.

Craig Keeling appeals his conviction for committing or attempting to commit a lewd act on a child. He argues the trial court erred in refusing to grant a mistrial after the State elicited improper propensity evidence in violation of Rule 404(b) of the South Carolina Rules of Evidence.

 
3:40 p.m. (Time Limits: 10-10-5)
2011-195506    Charles A. Hawkins, Appellant, v. Angela D. Hawkins, Respondent.

Donald Bruce Clark of Donald B. Clark, LLC, of Charleston, and Sabrina R. Grogan of Sabrina R. Grogan, Attorney at Law of Mt. Pleasant, for Appellant. J. Mark Taylor of Moore Taylor & Thomas, PA, of West Columbia, for Respondent. Katherine Carruth Goode, of Winnsboro, for Respondent. Sally Anna King-Gilreath, of Mt. Pleasant, for Respondent.

Charles A. Hawkins (Father) appeals the family court's determination that he was not entitled to a termination or reduction of his child support payments. Specifically, he argues the family court erred by using an improper burden of proof, or in the alternative, the family court erred in its failure to properly recalculate his child support payments. Lastly, Father contends the family court erred in awarding Angela D. Hawkins (Mother) attorney's fees, but failing to award his attorney's fees.

 
Wednesday, February 6, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-197087    Joe A. Osmanski, Employee, Appellant, v. Watkins & Shepard Trucking, Inc., Employer, and Zurich North America Insurance Company, Carrier, Defendants, Of whom, Zurich North America Insurance Company, Carrier, is the Respondent.

Kevin B. Smith of Hoffman Law Firm of North Charleston and David T. Pearlman of The Steinberg Law Firm, LLP, of Charleston, for Appellant. Weston Adams, III, Helen Faith Hiser, and Jason Wendell Lockhart, all of McAngus Goudelock & Courie, LLC, of Columbia, for Respondent.

In this workers' compensation case, Joe Osmanski appeals the South Carolina Workers' Compensation Commission's order denying him benefits for an alleged injury sustained to his left upper extremity. Osmanski argues the Commission erred in 1) failing to apply a clear and convincing standard of proof to the employer's fraud in the application defense, 2) determining that Osmanski's claim is barred due to fraud in the application, 3) finding that the occurrence was not an accident because it was not unexpected from Osmanski's point of view, and 4) failing to apply section 42-9-35(D) of the South Carolina Code, which extends compensability to the aggravation of pre-existing conditions.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-197186    Place on the Greene Homeowners Association, Inc., Respondent, v. W.G.R.Q., LLC, Easy Coin Laundry, Inc., Eva Nell Berry, and Jeffrey O. Kenney, Appellants.

Jamie M. Best, III of Allen, Gantt & Best, of Columbia,for Appellant Easy Coin Laundry. Brian L. Boger, of Columbia, for Appellants Eva Berry, Jeffrey Kenney, W.G.R.Q., LLC. Blake Alexander Hewitt and John S. Nichols, both of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Appellants. James B. Richardson, Jr., of Columbia, and William M. Spillane, of Columbia, for Respondent.

Appellants appeal the trial court's order enforcing a restrictive covenant. They assert the trial court erred in failing to find the covenant was unenforceable due to waiver, laches, or estoppel or that issuing an injunction would be unfair.

 
Tuesday, February 12, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2010-162006    Lake Marion Regional Water Agency, Respondent, v. Hannah W. Goodwin, Farmers Home Administration, United States Department of Agriculture, Defendants, Of whom Hannah W. Goodwin is the Appellant.

Hannah Goodwin, pro se, for Appelllant. Robert F. McCurry, Jr. of Horger Barnwell & Reid, LLP of Orangeburg SC for Respondent. Charles Mitchell Brown, William C. Wood, Jr., and Michael J. Anzelmo, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Respondent.

Pro-se Appellant, Hannah Goodwin, seeks review of the trial court's final order implementing a settlement agreement arising out of a condemnation action between Respondent, Lake Marion Regional Water Agency, and Appellant. Appellant argues the court erred in ordering the Clerk of Court to return to Respondent the sum of $4,600, plus interest, that Respondent originally deposited with the Clerk upon filing of the Condemnation Notice. Appellant also asserts the final order violates state condemnation law because it addresses "critical issues" beyond the condemnation matter, and, thus, is overly broad in its scope.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-205606    Brenda Peterson, Respondent, v. Hughie Peterson, Jr., Appellant.

Lawrence Keitt of Law Office of Lawrence Keitt, of Orangeburg, for Appellant. Lewis C. Lanier of Lanier & Burroughs, LLC, of Orangeburg, for Respondent.

In this appeal from the family court, Hughie Peterson, Jr. appeals the court's final order in his divorce from Brenda Peterson, arguing the court erred in apportioning the parties' assets.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-206507    Carolyn M. Nicholson, Claimant, Respondent, v. S.C. Department of Social Services, Employer, and State Accident Fund, Carrier, Defendants, Appellants.

Lawson Brenn Watson of Willson Jones Carter & Baxley, P.A., of Greenville, for Appellants. Kathryn Williams, of Greenville, for Respondent.

South Carolina Department of Social Services (DSS) appeals the Appellate Panel of the South Carolina Workers' Compensation Commission's (the Commission) finding that Carolyn Nicholson sustained compensable injuries to her neck, back, and left shoulder when she fell while walking in a carpeted hallway of her workplace. DSS argues the Commission erred because Nicholson's injuries did not arise out of her employment, as the Workers' Compensation Single Commissioner (Single Commissioner) previously found.

 
12:00 p.m. (Time Limits: 10-10-5)
2012-207028    Elinor Cohen, Respondent, v. Tripp Creech d/b/a Atlantic Lawn Service, Inc., Appellant.

Ellis Reed-Hill Lesemann of Harvey & Vallini, LLC, of Mount Pleasant, for Appellant. Daniel Merritt Bradley of Daniel M. Bradley Law Firm, LLC, of Mt. Pleasant, for Respondent.

Appellant Tripp Creech d/b/a Atlantic Lawn Service, Inc. (Atlantic Lawn) appeals the circuit court's order affirming the magistrate's entry of default judgment in favor of Respondent Elinor Cohen. On appeal, Atlantic Lawn argues the circuit court erred in: (1) declining to overturn the magistrate's denial of Atlantic Lawn's request for a new trial; (2) declining to overturn the magistrate's denial of Atlantic Lawn's request for a jury trial; (3) declining to overturn the magistrate's refusal to allow Atlantic Lawn to amend its answer; and (4) determining that Tripp Creech was a party to the action. Additionally, Respondent request attorney's fees and costs pursuant to Rule 269, SCACR.

 
Wednesday, February 13, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2012-207046    LOP Capital, LLC, Appellant, v. COSIMO, LLC; Capital Investment Funding, LLC, and CIF Property Holdings, LLC, Respondents.

Nelson S. Chase, of Mt. Pleasant, for Appellant. George Brandt, III of Henderson Brandt & Vieth, PA, of Spartanburg, for Respondent COSIMO, LLC. Stanley T. Case of Butler Means Evins & Browne, PA, of Spartanburg, for Respondents Capital Investment Funding, LLC and CIF Property Holdings.

Appellant appeals the trial court's dismissal of the case due to Appellant's failure to answer Respondents' purported counterclaims, arguing no counterclaim was asserted. Appellant also argues the court erred in dismissing the case due to Appellant's failure to name a real party in interest under Rule 17(A), SCRCP.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-208226    Robert E. Reeping and Annette Reeping, Appellants, v. Jebbco, LLC, Sassco, LLC, John F. Brailsford, Jr., and County of Orangeburg Delinquent Tax Office, Respondents.

W. Scott Palmer of W. Scott Palmer, Attorney At Law, of Santee, for Appellants. D'Anne Haydel, of Orangeburg, for Respondent County of Orangeburg Delinquent Tax Office. Robert F. McCurry, Jr. of Horger Barnwell & Reid, LLP, of Orangeburg, for Respondents Jebbco, LLC, Sassco, LLC, and John F. Brailsford, Jr.

Robert and Annette Reeping appeal the master-in-equity's decision upholding the tax sale of their property arguing the county did not conduct the sale in accordance with the statutory requirements and the tax notice for the property was not sent to the best address when the county had actual notice of their corrected address. The Reepings further contend the master erred in finding the statute of limitations precluded their request.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-209026    David M. Graham, Jr., Appeallant, v. Welch, Roberts and Amburn, LLP and Russell Patrick Welch, Respondents.

Bryan D. Caskey and C. Cantzon Foster, II of Foster Law Offices, LLC, of Columbia, for Appellant. Ronald L. Richter, Jr. of Bland Richter, LLP, of Charleston, and Eric Steven Bland of Bland Richter, LLP, of Columbia, for Respondents.

David M. Graham, Jr. appeals the circuit court's order entering summary judgment for Welch Roberts and Amburn, LLP, and Russell Patrick Welch based on its finding that Graham's claims were barred by the applicable statute of limitations. Graham contends the circuit court erred in failing to present the issue of when the statute of limitations period began to the jury.

 
12:00 p.m.
2012-209028    James T. Judy, Bobby R. Judy and Kevin Judy, Respondents, v. Ronnie F. Judy, J. Todd Judy, Ryan C. Judy and Wanda B. Judy, Defendants, Of Whom Ronnie F. Judy is the Appellant.

Eric Christopher Hale of Law Office of Eric C. Hale, LLC, of Irmo, and Craig Robert Stanley, of Columbia, for Appellant. Capers G. Barr, III of Barr Unger & McIntosh, LLC, of Charleston, for Respondents.

 
12:40 p.m. (Time Limits: 10-10-5)
2011-197966    TD Bank, N.A., Successor by merger to Carolina First Bank, Respondent, v. Farm Hill Associates, LLC, John H. Hofford, Michael R. Bennett, Hofford-Ocean Green, LLC and Bennett-Ocean Green, LLC, Defendants, Of Whom Farm Hill Associates, LLC, John H. Hofford, and Hofford-Ocean Green, LLC are the Appellants.

Shawn M. French, Sr. of The French Law Firm, LLC of Lexington SC for Appellant Farm Hill Associates, LLC, et al, Brandon Keith Poston of Nelson Mullins Riley & Scarborough, LLP of Columbia SC for Respondent TD Bank, William C. Wood, Jr. of Nelson Mullins Riley & Scarborough, LLP of Columbia SC for Respondent TD Bank

In this civil action, the appellants argue the circuit court erred in referring the case to the master-in-equity.

 
Thursday, February 14, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-204347    Gregory W. Smith and Stephanie Smith, Respondents, v. D.R. Horton, Inc., Tom's Vinyl Siding, LLC, Lutzen Construction, Inc., Boozer Lumber Company, All American Roofing, Inc., Myers Landscaping, Inc., Defendants, Of whom D.R. Horton, Inc. is the Appellant.

Phillip Ward Segui, Jr. of Segui Law Firm of Mt. Pleasant SC for Respondent Gregory Smith & Stephanie Smith, John T. Chakeris of Chakeris Law Firm of Charleston SC for Respondent Gregory Smith & Stephanie Smith, Matthew Kinard Johnson of Ogletree Deakins Nash Smoak & Stewart, PC of Greenville SC for Appellant D.R. Horton, Inc., W. Kyle Dillard of Ogletree Deakins Nash Smoak & Stewart, PC of Greenville SC for Appellant D.R. Horton, Inc., Michael A. Timbes of Thurmond Kirchner Timbes & Yelverton, PA of Charleston SC for Respondent Gregory Smith & Stephanie Smith

D.R. Horton, Inc. (Horton) appeals the trial court's order denying its motion to compel arbitration in this action filed by Gregory W. and Stephanie Smith alleging construction defects. Horton argues the trial court erred in finding the arbitration clause unenforceable (1) under the South Carolina Uniform Arbitration Act; (2) as unconscionable; (3) under an unequal-bargaining-power theory; (4) under a lack-of-consideration theory; (5) under the Federal Arbitration Act; and (6) under a merger-by-deed theory.

 
10:40 a.m. (Time Limits: 10-10-5)
2010-178286    The State, Respondent, v. Mark Elliott, Appellant.

Assistant Appellate Defender Breen Richard Stevens of Columbia for Appellant. Attorney General Alan Wilson and Assistant Attorney General Christina J. Catoe, both of Columbia, for Respondent.

Mark Elliott appeals his conviction for kidnapping, arguing the trial judge erred in admitting: (1) a hearsay statement; and (2) statements he made under coercion.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-209047    Clayton Keith Soules, Jr., Claimant, Respondent, v. City of Spartanburg, Employer, and South Carolina Municipal Self Insurance Trust Fund, Carrier, Appellants.

Stephanie Rene Lamb and William E. Shaughnessy, both of Turner Padget Graham & Laney, PA, of Greenville, for Appellants. John David Hawkins and Charles Logan Rollins, II, of The Hawkins Law Firm, of Spartanburg, for Respondent.

In this workers' compensation action, the City of Spartanburg and the South Carolina Municipal Self Insurance Trust Fund argue that the Workers' Compensation Commission erred in determining Clayton Keith Soules, Jr. suffered a compensable injury when he was involved in a motorcycle accident on his way home from work.

 
Tuesday, February 5, 2013
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2011-193927    The State, Respondent, v. Demetrius Goodwin, Appellant.

Assistant Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Jennifer Ellis Roberts, both of Columbia, for Respondent.

Demetrius Goodwin appeals his conviction of homicide by child abuse. He contends the trial court erred in denying his motion for a directed verdict because the State did not prove he acted with extreme indifference.

 
10:40 a.m. (Time Limits: 10-10-5)
2010-180208    Markola McLaughlin, Respondent, v. Sonny M. Ninan, Appellant.

James P. O'Connell, of Easley, for Appellant. Markola McLaughlin, pro se, for Respondent.

In this civil action, the trial court found Sonny M. Ninan in breach of contract and awarded judgment in the amount of $100,000 in favor of Markola McLaughlin. Ninan appeals, asserting the trial court erred in ruling he was liable on a promissory note.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-196048    Martha Lynne Angradi and Donald Scott McLorie, individually and on behalf of their minor child, Jessie M., Respondents, v. Edgar Jack Lail and Leola Lail, Sylvester Golden, Golden Property, LLC, Nationwide Homes and Fayssoux Real Estate, Defendants, Of whom Sylvester Golden and Golden Property, LLC are the Appellants.

Adam L Whitsett, of Columbia, Jerry Leo Finney and Stephanie R. Fajardo, both of The Finney Law Firm, Inc., of Columbia, for Appellants. William S.F. Freeman, of Greenville, for Respondents. Richard S. Stewart of Richard S. Stewart, P.A., of Greenville, for Respondents.

This case arose from the purchase of a home by Martha Lynn Angradi and Donald Scott McLorie from Edgar and Leola Lail. Several years prior to the sale, Sylvester Golden customized the home for the Lails. Golden and Golden Property, LLC appeal the trial court's rulings 1) denying their motion for a directed verdict on the Respondents' fraud cause of action, 2) denying their motion for a judgment notwithstanding the verdict on the Respondents' fraud cause of action, and 3) precluding Golden from testifying that the house at issue passed inspection prior to the Respondents moving into the house.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-196426    Albert Jackson, Jr., Appellant, v. Leopardo Companies, Inc., Swamp Fox Utilities, L.L.C., LCK Construction Services, LLC, and City of Beaufort, Respondents.

James H. Moss of Moss Kuhn & Fleming, PA, of Beaufort, for Appellant. William B. Harvey, III of Harvey & Battey, PA, of Beaufort, for Respondent City of Beaufort. Emily Ruth Gifford and Francis Marion Mack, both of Richardson Plowden & Robinson, PA, of Columbia, for Respondent LCK Construction Services LLC. David Shuler Black of Howell Gibson & Hughes, PA, of Beaufort, for Respondent Leopardo Companies Inc. William Thomas Young, III of Howell Gibson & Hughes, PA, of Beaufort, for Respondent Swamp Fox Utilities, LLC.

In this civil action, Albert Jackson argues the circuit court erred in granting the respondents' motions for summary judgment. Jackson contends that summary judgment was premature and that there are genuine issues of material fact in this case.

 
Wednesday, February 6, 2013
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2011-197633    The State, Respondent, v. Marquis Breeland, Appellant.

Assistant Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Alphonso Simon, Jr., both of Columbia, for Respondent. Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent.

Marquis Breeland appeals his convictions for murder and possession of a weapon during the commission of a violent crime, arguing the trial judge erred in not granting his motion for a directed verdict because the evidence adduced at trial did not amount to more than a mere suspicion that he was guilty of shooting the victim.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-201528    Ralph Wayne Parsons, Jr., and Louise C. Parsons, Respondents, v. John Wieland Homes and Neighborhoods of the Carolinas, Inc., Wells Fargo Bank, N.A., and South Carolina Bank & Trust, N.A., Defendants, Of whom John Wieland Homes and Neighborhoods of the Carolinas, Inc. is the Appellant.

George Trenholm Walker, Ian Wesley Freeman, and Daniel Simmons McQueeney, Jr., all of Pratt-Thomas Walker, PA, of Charleston, for Appellant. Herbert W. Hamilton, Tracy Thompson Vann, and Christi P. Cox, all of Hamilton Martens Ballou & Carroll, LLC, of Rock Hill, for Respondents.

This case arises from Ralph Wayne Parsons, Jr. and Louise C. Parsons's purchase of real property located in Fort Mill from John Wieland Homes and Neighborhoods of the Carolinas, Inc. (Wieland Homes). Wieland Homes argue that the circuit court erred in declining to enforce an arbitration agreement found in the contract governing the purchase of the property.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-202201    Lee County Landfill SC, LLC, Respondent, v. Industrial Waste Service, Inc. and Warren Lee, Appellants.

William W. Wheeler, III of Jennings & Jennings, PA, of Bishopville, for Appellant. Tracey Colton Green, Randolph Russell Lowell, and Chad Nicholas Johnston, all of Willoughby & Hoefer, PAof Columbia, for Respondent.

This cases arises out of a business relationship between Industrial Waste Service, Inc. (IWS), a waste hauling and disposal business, and Lee County Landfill, SC, LLC (Landfill) which operates a landfill in Lee County. IWS and its owner, Warren Lee, argue that the circuit court erred in granting Landfill's partial motion for summary judgment on IWS's claim for intentional interference with prospective contractual relations.

 
Cases to be Submitted Without Oral Argument
2011-196546 The State, Respondent, v. Cedric Flood, Appellant.

2010-150450 Raymond Stegall, Petitioner, v. State of South Carolina, Respondent.

2011-197008 Waleed DuBose, Petitioner, v. State of South Carolina, Respondent.

2010-155806 Sylvester Singletary, Petitioner, v. State of South Carolina, Respondent.

2010-180926 The State, Respondent v. Cordelle Washington, Appellant.

2010-170046 The State, Respondent v. Cameron Stevenson, Appellant.

2010-154478 Tyron L. Sims, Petitioner, v. State of South Carolina, Respondent.

2010-159231 Anthony Maurice Shivers, Petitioner, v. State of South Carolina, Respondent.

2011-201766 The State, Respondent, v. Anthony Edwards, Appellant.

2010-168751 Stuart Stanton, Petitioner, v. State of South Carolina, Respondent.

2010-153648 Brandon Singleton, Petitioner, v. State of South Carolina, Respondent.

2011-198707 In the Matter of the Care and Treatment of William Bryan Fetner, Appellant.

2010-149330 Vondell Sanders, Petitioner, v. State of South Carolina, Respondent.

2012-209307 Field House Properties, LLC, Appellant, v. South Carolina Department of Revenue, Respondent.

2009-147086 John E. Wilson, Jr., Petitioner, v. State of South Carolina, Respondent.

2011-184186 The State, Respondent, v. Rodney Mackey, Appellant.

2011-188026 Derek K. Behlke, Petitioner, v. State of South Carolina, Respondent.

2010-151200 Demetrius M. Pepper, Petitioner, v. State of South Carolina, Respondent.

2011-201506 The State, Respondent, v. Antoine F. Chestnut, Appellant.

2011-202906 Anderson Brothers Bank, Respondent, v. EBT Property Holding Co., Inc., Bonnie McKenzie as Personal Representative of the Estate of E. Howard McKenzie and Trustee of the E. Howard McKenzie Family Trust and Edward O. Lewis, Defendants, Of whom EBT Property Holding Co., Inc. is the Appellant.

2011-196769 The State, Respondent v. Danny Thomas, Appellant.

2011-204708 Megan Haley, Employee, Respondent, v. Tire Kingdom, Employer, and Hartford Insurance Co. of Midwest, Insurance Carrier, Appellants.

2011-193906 The State, Respondent, v. Leonard Francis Girdvainis, Jr., Appellant.

2012-211108 The State, Respondent v. Roy James Jenkins, Appellant.

2010-155066 Jimmy Owens, Petitioner, v. State of South Carolina, espondent.

2010-152391 Tony Rush, Petitioner, v. State of South Carolina, Respondent.

2011-185506 The State, Respondent v. Jason Williams, Appellant.

2011-202486 The State, Respondent, v. Timothy Levern Cobb, Appellant.

2010-157987 Gary D. Lee, Petitioner, v. State of South Carolina, Respondent.

2010-164946 Daniel Anthony Bailey, Petitioner, v. State of South Carolina, Respondent.

2010-162268 Maurice Lee Smith, Petitioner, v. State of South Carolina, Respondent.

2009-148786 Eron Tascoe, Petitioner, v. State of South Carolina, Respondent.

2012-210428 In the Matter of the Care and Treatment of Quentin D. Markham, Appellant.

2011-190186 The State, Respondent v. Stephania Murray, Appellant.

2011-197670 The State, Respondent, v. Robert Terrance Hooker, Appellant

2011-187506 The State, Respondent, v. Azikiwe Archie, Appellate.

2011-200308 The State, Respondent v. Chris Teasley, Appellant.

2012-205850 The State, Respondent v. Michael Reese, Appellant.

2010-162487 Jack Randy Sloan, Petitioner, v. State of South Carolina, Respondent.