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Court of Appeals - Roster of Cases for Hearing

March 2014

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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, March 3, 2014
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2012-212705    Martha Goodwyn, Respondent, v. Shadowstone Media, Inc., and Robert Pachaly, Appellants.

Brian Pratt Robinson of Bruner Powell Wall & Mullins, LLC, of Columbia, for Appellants. Thomas Jefferson Goodwyn, Jr. of Goodwyn Law Firm, LLC, of Columbia, for Respondent.

After a jury trial, the trial court awarded attorney's fees and treble damages to the respondent Martha Goodwyn, which the appellants Shadowstone Media and Robert Pachaly challenge on appeal.

 
10:40 a.m. (Time Limits: 10-10-5)
2013-000648    Digital Ally, Inc., Respondent, v. Light-N-Up, LLC and Steven Shepherd, Appellants.

Scott Franklin Talley of Talley Law Firm, P.A., of Spartanburg, for Appellants. David L. Walsh, of Gaines & Walsh, of Spartanburg, for Respondent.

Light-N-Up, LLC, and Steven Shepherd (collectively, Light-N-Up) appeal from an order finding a judgment of Digital Ally, Inc. (Digital Ally) obtained in Missouri was a valid judgment that could be enforced in South Carolina. Light-N-Up argues the Missouri Long Arm Statute does not trump the parties' agreement that Kansas law would apply and exclusive jurisdiction was in the state or federal courts located in Johnson County, Kansas.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-213156    Scott Lemons and Gold Coast Resorts, LLC, Appellants, v. The McNair Law Firm, P.A., Respondent.

Mark Weston Hardee, of The Hardee Law Firm, of Columbia, for Appellants. Robert E. Stepp, Roland M. Franklin, Jr., and William Hammond Jordan, all of Sowell Gray Stepp & Laffitte, LLC, of Columbia, for Respondent.

 
12:00 p.m. (Time Limits: 10-10-5)
2012-212428    The State, Respondent, v. Jeffrey Dodd Thomas, Appellant.

Assistant Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Christina J. Catoe, both of Columbia, for Respondent.

Jeffrey Thomas appeals his convictions for possession of methamphetamine, possession of a schedule IV controlled substance, and manufacturing methamphetamine. He argues the trial court erred in denying his motion for a directed verdict on the charge of manufacturing methamphetamine because the prosecution failed to present any direct evidence or substantial circumstantial evidence that he engaged in the production, preparation, propagation, compounding, conversion, or processing of any substance containing amphetamine or methamphetamine.

 
Tuesday, March 4, 2014
Court Room I
10:40 a.m. (Time Limits: 10-10-5)
2012-211430    The State, Respondent, v. Jefferson Perry, Appellant.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent.

Appellant Jefferson Perry was convicted of committing a lewd act on a minor. Perry challenges his conviction arguing the trial court erred in: (1) instructing the jury that time is not a material element of the charged offense; and (2) admitting a DVD recording of the minor victim's interviews with a forensic therapist.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-203730    The State, Respondent, v. Matthew Ryan Hendricks, Appellant.

Assistant Appellate Defender Carmen Vaughn Ganjehsani, of Columbia, for Appellant. Dayne C. Phillips, of Lexington, for Appellant. Attorney General Alan McCrory Wilson and Assistant Deputy Attorney General David A. Spencer, both of Columbia, for Respondent.

Appellant was convicted of kidnapping and two counts of criminal sexual conduct. He appeals his conviction based on the admission of a 911 tape.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-197946    John R. Sexton and Patricia Sexton, Appellants, v. Alex R. Espinal, MD and Palmetto Surgery, LLC, Respondents.

Chad Alan McGowan, William Jones Andrews, Jr., and Jordan Christopher Calloway, all of McGowan Hood & Felder, LLC, of Rock Hill, for Appellants. Andrew F. Lindemann of Davidson & Lindemann, PA, of Columbia, for Respondents. H. Spencer King of The Ward Law Firm, PA, of Spartanburg, for Respondents.

This action arises out of a medical malpractice claim, in which Ricky Sexton sought damages resulting from a surgical procedure performed by Dr. Espinal. After trial, the jury returned a verdict for the defense, and Sexton appealed. Specifically, Sexton argues the trial court erred (1) in admitting evidence suggesting Sexton's smoking habit caused the damages at issue, and (2) in refusing to allow Sexton to introduce evidence that would rebut testimony of the defense's witnesses.

 
Wednesday, March 5, 2014
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2012-213582    Helena P. Tirone and Truman's Eclectic Irish Pub, Inc., Respondents, v. Thomas W. Dailey, Appellant.

Andre DuBose Rembert, of Charleston, for Appellant. James Ashley Twombley of Twenge & Twombley, LLC, of Beaufort, for Respondents.

Thomas W. Dailey appeals the order of the trial court granting summary judgment to Helena P. Tirone, in which the court held Tirone was not individually liable under Dailey's counterclaims for breach of contract, breach of contract accompanied by a fraudulent act, and violation of the Payment of Wages Act.

 
11:20 a.m. (Time Limits: 10-10-5)
2013-000076    Rawley E. Schofield, Respondent, v. Fairfield County, South Carolina, a political subdivision of the State of South Carolina, Appellant. Mary R. Medlin, Respondent, v. Fairfield County, South Carolina, a political subdivision of the State of South Carolina, Appellant.

Larry Dwight Floyd, Jr., of Parker Poe Adams & Bernstein, LLP, of Columbia, for Appellant. Creighton B. Coleman of Coleman & Tolen, LLC , of Winnsboro, for Respondents.

Fairfield County appeals the circuit court award of litigation expenses and costs to Rawley Schofield and Mary Medlin under S.C. Code Ann. 28-2-510 (A) after a condemnation proceeding and the reasonableness of the award as it was not reviewed under the Jackson v. Speed, 326 S.C. 289, 486 S.E.2d 750 (1997) standards.

 
12:00 p.m. (Time Limits: 10-10-5)
2012-205886    The State, Respondent, v. Mark Stanley Peters, Appellant.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent.

 
2:20 p.m. (Time Limits: 10-10-5)
2012-213275    Randall R. Bannister, Respondent, v. Sandra A. Bannister, Appellant.

William Norman Epps, III, of Epps, Nelson & Epps, of Anderson, for Appellant. Sarah Ganss Drawdy of Byrholdt Drawdy, LLC, of Anderson, for Respondent.

This appeal considers whether the family court erred in awarding Sandra Bannister an insufficient amount of permanent periodic alimony each month. This appeal will also consider whether the family court erred in granting Sandra Bannister an insufficient award of attorney's fees and in failing to award her private investigator and expert fees.

 
3:00 p.m. (Time Limits: 10-10-5)
2012-213247    Prakash and Urmila Solanki, Respondents, v. Wal-Mart Store #2806, and Spartanburg County Sheriff's Office, Defendants, Of whom Wal-Mart Store #2806 is the Appellant.

Regina Hollins Lewis and Mary Daniel LaFave, both of Gaffney Lewis & Edwards, LLC, of Columbia, for Appellant. John David Hawkins and Charles Logan Rollins, II, both of The Hawkins Law Firm, of Spartanburg, for Respondents.

Wal-Mart Store #2806 appeals the trial court's award of punitive damages to Prakash and Urmila Solanki in an action for gross negligence. It also appeals the trial court's denial of their post-trial motions for Judgment Notwithstanding the Verdict (JNOV) and for the Reversal or Reduction of Punitive Damages.

 
3:40 p.m. (Time Limits: 10-10-5)
2013-000358    Claudia Bryant-Perreira, Appellant, v. IMSCO/TFE Logistics Group, and Zurich American Insurance Company, Respondents.

Samuel Darryl Harms, III, of Harms Law Firm, PA, of Greenville, for Appellant. Weston Adams, III, and Amanda Anderson Mellard, both of McAngus Goudelock & Courie, LLC, of Greenville, for Respondents. Helen Faith Hiser, of McAngus Goudelock & Courie, LLC, of Mount Pleasant, for Respondents.

Claudia Bryant-Perreira appeals the South Carolina Workers' Compensation Commission Appellate Panel's (Appellate Panel) order, arguing the Appellate Panel erred in finding she did not suffer an injury arising out of and in the course of her employment.

 
Thursday, March 6, 2014
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2013-000025    Allison J. Johnson, Respondent, v. Russell E. Johnson, Appellant.

Linda Zeigler Jackson and Robert L. Jackson, both of Jackson & Jackson, of Columbia, for Appellant. James Grant Long, III, Tanya Amber Gee, and Jennifer Joan Hollingsworth, all of Nexsen Pruet, LLC, of Columbia, for Respondent.

Russell E. Johnson appeals a divorce decree, challenging (1) the findings supporting the family court's equitable division of his business and (2) the award of attorney's fees, costs, and expert fees to Respondent Allison J. Johnson.

 
10:40 a.m. (Time Limits: 10-10-5)
2013-000158    Yossi Haina, Appellant, v. Beach Market, LLC, Respondent.

Marshall L. Horton and Lindsay Yoas Goodman, both of Horton Law Firm, LLC, of Bluffton, for Appellant. John H. Tiller of Haynsworth Sinkler Boyd, PA, of Charleston, for Respondent. Sarah Patrick Spruill of Haynsworth Sinkler Boyd, PA, of Greenville, for Respondent.

Appellant Yossi Haina argues the circuit court erred in granting Respondent Beach Market's motion for summary judgment. Haina asserts Beach Market had a duty to warn him of the dangerous condition of the roof from which he fell.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-213511    South Carolina Second Injury Fund, Appellant, v. American Home Assurance Co., Respondent. (In Re: John Stroud v. John F. Stroud & Sons, Inc.)

Latonya Dilligard Edwards of Dilligard Edwards, LLC, of Columbia, for Appellant. Jared Matthew Pretulak and Robert Charles Rogers, both of Gallivan, White & Boyd, PA, of Greenville, for Respondent.

This is a workers' compensation reimbursement matter, wherein South Carolina Second Injury Fund (Fund) was ordered to reimburse American Home Assurance Co. (Carrier) for benefits to an employee from an underlying workers' compensation claim. The Fund appeals various aspects of the Commission's order arguing (1) the Commission erred in finding the Fund conceded knowledge of claimant's alleged traumatic brain injury/brain damage and that claimant's prior concussion rose to the level of brain damage, (2) if claimant's concussion constituted a permanent condition, it was not serious enough to constitute a hindrance or obstacle to employment, nor did it result in a combination with or aggravation by claimants subsequent work-related injury, (3) claimant's diabetes was not serious enough to constitute a hindrance or obstacle to employment or reemployment, nor did it result in a combination with or aggravation by claimant's subsequent work-related injury, (4) the Commission erred in finding Carrier is entitled to reimbursement for claimant's permanent and total disability because claimant's preexisting conditions did not contribute to claimant's disability.

 
12:00 p.m. (Time Limits: 10-10-5)
2012-207549    The State, Respondent, v. Jason Alan Johnson, Appellant.

Assistant Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent.

Appellant Jason Alan Johnson argues the circuit court erred in 1) denying his suppression motion when the warrant was obtained without probable cause after an illegal entry and warrantless search and 2) ruling as a matter of law that all of the liquid which contained methamphetamine would count towards its weight, admitting such evidence, and ordering defense counsel not to argue to the jury whether all of the liquid was methamphetamine, which Johnson contends violates statutory intent and the Sixth Amendment.

 
Tuesday, March 11, 2014
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2013-000677    Marcus Wider, Respondent, v. South Carolina Department of Employment and Workforce, and K B Enterprises, Inc., Defendants, Of Whom South Carolina Department of Employment and Workforce is the Appellant.

Eugene Belton McLeod, III, of Columbia, for Appellant. Jack E. Cohoon, of South Carolina Legal Services, of Columbia, for Respondent. Kirby Mitchell, of South Carolina Legal Services, of Greenville, for Respondent.

Appellant South Carolina Department of Employment and Workforce (SCDEW) appeals the order of the Administrative Law Court reversing the Appellate Panel's findings and decision that Respondent Marcus Wider (Employee) was terminated "for cause" from his employment and, thus, disqualified from receiving unemployment benefits for a period of twenty weeks.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-212690    H. Eugene Hudson, Appellant, v. Mary Lee Hudson, Respondent.

Charles D. Lee, III, of McLaren & Lee, of Columbia SC for Appellant. E. Windell McCrackin, of McCrackin Barnett & Richardson, LLP, of Myrtle Beach, for Appellant. James L. Hills and Carolyn R. Hills, both of Hills & Hills, PC, of Myrtle Beach, for Respondent. Russell Warren Mace, III, and Nicole Nicolette Mace, both of The Mace Law Firm, of Myrtle Beach, for Respondent.

In this divorce action, H. Eugene Hudson (Husband) appeals the family court's equitable distribution award to Mary Lee Hudson (Wife). Husband argues the family court erred in the following rulings: (1) finding a prenuptial agreement was unconscionable; (2) awarding an equitable interest in the increase in value of allegedly nonmarital property; (3) exercising jurisdiction over allegedly nonmarital property; (4) failing to make specific findings of fact; and (5) requiring Husband to pay a portion of Wife's attorney's fees.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-213318    Miller Construction Company, LLC, Respondent, v. Pendleton Station, LLC, Enterprise Bank of South Carolina; and Angelo Penza, Defendants, Of whom Enterprise Bank of South Carolina is the Appellant.

Thomas Elihue Dudley, III, and M. Stokely Holder, both of Kenison Dudley & Crawford, LLC, of Greenville, for Appellant. David James Brousseau of McIntosh, Sherard, Sullivan & Brousseau, of Anderson, for Respondent.

Enterprise Bank, a defendant below, appeals several findings of the trial court regarding the amount to be awarded, including fees and interest.

 
Wednesday, March 12, 2014
Court Room I
10:40 a.m. (Time Limits: 10-10-5)
2013-000414    Tina Mayers, Appellant, v. OSI Group, LLC/Amick Farms, and Federal Insurance Co., Respondents.

Charles Edward Johnson, Sr., of Charles E. Johnson, P.A., of Columbia, for Appellant. Kristian Cross Bell, of Collins & Lacy, PC, of Columbia, for Respondents. Logan McCombs Wells, of Collins & Lacy, PC, of Greenville, for Respondents.

In this workers' compensation appeal, Tina Mayers argues the Appellate Panel of the Workers' Compensation Commission ("Appellate Panel") erred in finding she failed to satisfy the compensability requirements for a repetitive trauma injury pursuant to section 42-1-172 of the South Carolina Code (Supp. 2012).

 
11:20 a.m. (Time Limits: 10-10-5)
2013-000762    Richard Stogsdill, Appellant, v. South Carolina Department of Health and Human Services, Respondent.

Patricia Logan Harrison, of Columbia, for Appellant. Richard G. Hepfer, of Columbia, for Respondent.

Richard Stogsdill appeals the Administrative Law Court's order affirming the decision of the South Carolina Department of Disabilities and Special Needs reducing the number of hours he received in respite care and other services. Stogsdill contends these changes were not supported by the substantial evidence in the record and were made in violation of his due process rights.

 
Wednesday, March 19, 2014
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2013-000414    Tina Mayers, Appellant, v. OSI Group, LLC/Amick Farms, and Federal Insurance Co., Respondents.

Charles Edward Johnson, Sr., of Charles E. Johnson, P.A., of Columbia, for Appellant. Kristian Cross Bell, of Collins & Lacy, PC, of Columbia, for Respondents. Logan McCombs Wells, of Collins & Lacy, PC, of Greenville, for Respondents.

In this workers' compensation appeal, Tina Mayers argues the Appellate Panel of the Workers' Compensation Commission ("Appellate Panel") erred in finding she failed to satisfy the compensability requirements for a repetitive trauma injury pursuant to section 42-1-172 of the South Carolina Code (Supp. 2012).

 
Thursday, March 6, 2014
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2013-000515    The State, Appellant, v. Cody Roy Gordon, Respondent.

Attorney General Alan McCrory Wilson and Assistant Attorney General John Benjamin Aplin, both of Columbia, for Appellant. Keith G. Denny of Keith G. Denny, P.A., of Walhalla, for Respondent.

The State appeals the circuit court's reversal of the magistrate court's conviction of Cody Roy Gordon for driving under the influence. It contends the circuit court erred in finding the State did not comply with section 56-5-2953(A) of the South Carolina Code because Gordon's head was not visible during one of the field sobriety tests administered.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-213509    Jacqueline Smith, Appellant, v. Horry County Schools, Respondent.

W. Allen Nickles, III, of Nickles Law Firm, of Columbia, for Appellant. Susan Marie Fittipaldi, of Columbia, for Appellant. Vernie L. Williams, John Marshall Reagle, and Kathryn Long Mahoney, all of Childs & Halligan, PA, of Columbia, for Respondent.

This is an appeal from the circuit court's decision to affirm the Horry County School Board's (Board) termination of Jacqueline Smith's employment with the Horry County School District (District). Smith argues the circuit court erred in upholding the Board's decision for four reasons: (1) the Board violated her due process rights; (2) the Board violated its own policies; (3) the Board's decision was not supported by substantial evidence; and (4) the circuit court failed to identify any supporting facts and legal conclusions within the Board's decision.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-213355    Raymond Haselden, Sharon Haselden, Annie Raye Haselden, Faye Haselden, and The General Conference of the Free Will Baptist Church of the Pentecostal Faith, Appellants, v. New Hope Church, Randy Sharp, Johnnie Powell, Winston Haselden, and Donnis McDonald, Respondents.

Louis David Nettles of Folkens Law Firm, PA, of Florence, for Appellants. Walker H. Willcox of Willcox Buyck & Williams, PA, of Florence, for Respondents.

 
Cases to be Submitted Without Oral Argument
2012-209535 Trico D. Thompson, Petitioner, v. State of South Carolina, Respondent.

2012-212037 The State, Respondent v. Prentiss Love, Appellant.

2012-213444 Raymond Weatherford, Appellant, v. Shelly Weatherford, n/k/a Shelly Crooks, Respondent.

2012-213545 The State, Respondent, v. Douglas Gregg, III, Appellant.

2011-196598 Dayvonn A. Valentine, Petitioner, v. State of South Carolina, Respondent.

2012-208888 Cedric T. Smith, Petitioner, v. State of South Carolina, Respondent.

2012-212080 Antonio M. Williams, Petitioner, v. State of South Carolina, Respondent.

2012-212097 Damion Curry, Petitioner, v. State of South Carolina, Respondent.

2012-212179 Alton Docherty, Petitioner, v. State of South Carolina, Respondent.

2012-212496 Kelly Faulkner, Appellant, v. James Faulkner, Respondent.

2012-212074 Donald Wetherall, Petitioner, v. State of South Carolina, Respondent.

2012-212848 Roddregus Wells, Petitioner v. State of South Carolina, Respondent

2013-001246 Willie A. Rogers and Vennie Rogers, Appellants, v. Charles Carr, in his individual and Official Capacity as the Personal Representative of the Estate of Thurman L. Bomar, Deceased, Katherine Christian, and Joyce King, Respondents.

2012-212386 Ambrose Anoruo, Appellant, v. Florence Anoruo, Respondent.

2012-213027 The State, Respondent, v. Jeff Chestnut, Appellant.

2010-179106 The State, Respondent, v. Larenzo Jermaine Inman, Appellant.

2011-204086 Deena L. Bettencourt and Scott Bettencourt, Appellants, v. Mary R. Wald, Respondent.

2012-209828 The State, Respondent, v. Antonio Thomas, Appellant.

2012-212002 Reda Reilly, Respondent, v. Kevin Reilly, Appellant.

2012-212010 The State, Respondent, v. Christopher Ryan Holliday, Appellant.

2012-212342 The State, Respondent, v. Forrest Kelly Samples, Appellant.

2012-212534 The State, Respondent, v. Robert Wayne Mitchell, Appellant.

2012-212659 The State, Respondent v. Taurus Lamare Thompson, Appellant

2012-212900 The State, Respondent, v. Jessica Beockete Moore, Appellant.

2013-000440 The State, Respondent, v. Arthur James Buie, Appellant.

2013-001319 The State, Respondent, v. Michael Tompai, Appellant.

2013-001552 The State, Respondent, v. Karen Shields, Appellant.

2012-206047 Fernando Francisco Young, Petitioner, v. State of South Carolina, Respondent.

2012-212091 David L. Bacchus, Petitioner, v. State of South Carolina, Respondent.

2012-212557 Luis Ozorio, Petitioner, v. State of South Carolina, Respondent.

2012-212750 Jeremy McPhail, Petitioner, v. State of South Carolina, Respondent.