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Court of Appeals - Roster of Cases for Hearing

March 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, March 4, 2013
Court Room I
10:40 a.m. (Time Limits: 10-10-5)
2009-149006    The State, Respondent, v. Gerald Carl Pitts, Appellant.

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

Gerald Carl Pitts appeals his convictions of second-degree burglary and petit larceny, arguing the trial court erred in refusing to grant a mistrial when the State failed to disclose exculpatory material.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-211166    City of Columbia, Appellant, v. Carol A. Davis, Respondent.

Robert G. Cooper and David Amado Fernandez, both of Columbia, for Appellant. John A. O'Leary of O'Leary & Assoc., PA, of Columbia, for Respondent.

This appeal arises from Respondent Carol Davis' driving under the influence (DUI) charge. On appeal, the City of Columbia argues the circuit court erred in affirming the dismissal of the DUI charge.

 
12:00 p.m. (Time Limits: 10-10-5)
2010-177006    The State, Respondent, v. Anthony Hackshaw, Appellant.

Assistant Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan Wilson and Assistant Attorney General Brendan Jackson McDonald, of Columbia, for Respondent.

Anthony Hackshaw appeals his convictions of murder, assault with intent to kill, and use of a firearm during the commission of a violent crime, arguing the trial court erred in: (1) failing to suppress evidence obtained after the execution of an allegedly stale search warrant; (2) admitting a prior statement by a witness who refused to cooperate during trial testimony in violation of Rule 613(b), SCRE; (3) violating Hackshaw's right to confront the witness by admitting the statement; (4) refusing Hackshaw's requested jury charge regarding the potential sentence faced by the witness; (5) admitting unduly prejudicial evidence of a drug relationship between Hackshaw and another person; (6) permitting the State to instruct the jurors on the law; and (7) finding Hackshaw forfeited his right to the final closing argument.

 
Tuesday, March 5, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-186066    The State, Respondent, v. Donald Petty, 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 Salley W. Elliott, all of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent.

In this criminal case, Donald Petty appeals the trial court's decision to admit prior bad act testimony from the sister of the complaining witness.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-190694    The State, Respondent, v. James R. Byers, Jr., Appellant.

Christina J. Catoe of Columbia SC for Respondent State of South Carolina, Dayne C. Phillips of Columbia SC for Appellant James R. Byers, Jr.

Appellant James Byers seeks review of his convictions for distribution of crack cocaine and distribution of crack cocaine within one-half mile of a school. Byers argues that the trial court erred in denying his motion to quash the jury panel pursuant to Batson v. Kentucky, 476 U.S. 79 (1986), because Byers made the necessary showing that the solicitor's purported reason for striking a black juror, i.e., she was looking at the defense table and smiling in that direction, was mere pretext.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-211167    H&H of Johnston, LLC, Appellant, v. Old Republic National Title Insurance Company, and Henry P. Bufkin d/b/a Bufkin Title, Respondents.

William E. Booth, III, of Booth Law Firm, LLC, of West Columbia, for Appellant. Louis H. Lang of Callison Tighe & Robinson, LLC, of Columbia, for Respondent Old Republic National Title Insurance Company. Susan Taylor Wall and Amanda Coney Williams, both of McNair Law Firm, PA, of Charleston, for Respondent Henry P. Bufkin d/b/a Bufkin Title.

In this appeal arising out of a real estate transaction, H&H of Johnston, LLC (H&H) argues the circuit court erred in granting Henry Bufkin and Old Republic National Title Insurance Co.'s summary judgment motions. H&H contends (1) Bufkin's agreement to provide title insurance coverage was not the practice of law requiring an attorney affidavit under section 15-36-100 of the South Carolina Code; and (2) an oral contract was made with Bufkin at closing for coverage as to adverse claims.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-194612    The State, Respondent, v. Andrew Torrence, Appellant.

John S. Nichols and Blake Alexander Hewitt, both of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Appellant. H. Wayne Floyd of Wayne Floyd Law Office of West Columbia for Appellant. Attorney General Alan Wilson and Assistant Attorney General Julie Kate Keeney, both of Columbia, for Respondent.

In this criminal case, Andrew Torrence argues the circuit court erred in not charging the jury on involuntary manslaughter when he admitted he intentionally fired his weapon, but other circumstances indicated he did not intend to inflict serious injury or death on the victim.

 
2:20 p.m. (Time Limits: 10-10-5)
2011-188247    The State, Respondent, v. Joseph Cobb, Appellant.

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

Joseph Cobb appeals his conviction for second-degree criminal sexual conduct with a minor, arguing the trial court erred in refusing to instruct the jury on the lesser-included offense of assault and battery of a high and aggravated nature.

 
3:00 p.m. (Time Limits: 15-15-5)
2011-192370    The State, Respondent, v. Alonza Dennis, Appellant.

Assistant Appellate Defender LaNelle Cantey DuRant of Columbia for Appellant. Attorney General Alan Wilson and Assistant Attorney General Julie Kate Keeney of Columbia for Respondent.

A jury convicted Alonza Dennis of assault and battery with intent to kill and possession of a firearm during the commission of a violent crime, and he received a sentence of life imprisonment without parole. He appeals, arguing the trial court erred in (1) admitting testimony that he tried to sell a purportedly stolen gun to buy crack cocaine shortly before the incident; (2) refusing to charge the jury on assault and battery of a high and aggravated nature; (3) sentencing him to life imprisonment without parole; and (4) admitting his two statements into evidence.

 
Wednesday, March 6, 2013
Court Room I
10:40 a.m. (Time Limits: 10-10-5)
2011-184986    The State, Respondent, v. Gregg Gerald Henkel, Appellant.

C. Rauch Wise, of Greenwood, for Appellant. Attorney General Alan McCrory Wilson and lAssistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent.

On appeal, Gregg Henkel argues the trial court erred in denying his motion to dismiss his indictment for driving under the influence. Henkel contends the South Carolina Highway Patrol failed to comply with section 56-5-2953 of the South Carolina Code, which requires the arresting officer to provide videotaping of the incident site.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-197293    Cynthia Heather Schultze, Appellant, v. John Robert Schultze, Respondent.

Thomas Franklin McDow, IV of Law Office of Thomas F. McDow of Rock Hill SC for Appellant Cynthia Heather Schultze, Erin K Urquhart of Law Office of Thomas F. McDow of Rock Hill SC for Appellant. Tony Miller Jones, of Rock Hill, for Respondent. Barrett Wesley Martin, of Rock Hill, for Respondent.

In this appeal from the family court, Heather Schultze argues the court erred in equitably apportioning her retirement accounts and the parties' marital debt because the issues of personal property and marital debt were not properly before the court.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-196106    William Smalls, Appellant, v. Alex Antonion Coreas and Hightrak Staffing, Inc., a/k/a Hitrak Staffing, Defendants, Of whom Hightrak Staffing Inc. a/k/a Hitrak Staffing is the Respondent.

Kevin B. Smith of Hoffman Law Firm, of North Charleston, for Appellant. Robert H. Hood and James Bernard Hood, both of Hood Law Firm, LLC, of Charleston, for Respondent. Deborah Harrison Sheffield of Law Office of Deborah Harrision Sheffield, of Columbia, for Respondent.

In this personal injury action, Appellant William Smalls appeals the circuit court's order granting summary judgment to Respondent Hightrak Staffing, Inc. Smalls contends that Hightrak should not share in the tort immunity enjoyed by Smalls' employer under the Workers' Compensation Act, specifically S.C. Code Ann. ยง 42-1-540. Smalls argues that Hightrak was a subcontractor of Smalls' employer and the employee of Hightrak who allegedly caused the accident in question was not a "lent" employee of Smalls' employer at the time of his allegedly negligent acts.

 
Thursday, March 7, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-190750    The State, Respondent, v. Daniel Rogers, Appellant.

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

In this criminal appeal, the Court of Appeals must determine whether the circuit court violated appellant's due process rights in sentencing appellant for second-degree burglary. In addition, the Court addresses whether the circuit court erred in denying appellant's motions to suppress certain evidence and in denying appellant's motion for a directed verdict.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-204388    Kimberly Mahaffey, Claimant, Appellant, v. Onetone Telecom, Inc., Employer, and State Auto Insurance Companies, Carrier, Respondents.

Larry C. Brandt of Larry C. Brandt, PA, of Walhalla, for Appellant. Alton Lamar Martin, Jr. of Martin & Martin, PA, of Greenville, for Respondents.

Kimberly Mahaffey appeals the denial of her workers' compensation claim, arguing the Workers' Compensation Commission erred in finding the evidence presented did not establish a causal connection between her workplace fall and injuries to her knee and shoulder.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-204467    Theresa M. Brown, Appellant, v. Janet Butcher and the Butcher Law Firm, P.A., Respondents.

Melvin Dean Bannister, of Columbia, for Appellant. William L. Howard, Sr. and Russell Grainger Hines, both of Young Clement Rivers, LLP, of Charleston, for Respondents.

Theresa Brown appeals the trial court's order granting summary judgment to Janet Butcher and the Butcher Law Firm, P.A. on Brown's legal malpractice claim.

 
12:00 p.m. (Time Limits: 10-10-5)
2012-205510    Lauren Proctor and Trans-Union National Title Insurance Company f/k/a Atlantic Title Insurance Company, Respondents, v. Whitlark & Whitlark, Inc. d/b/a Rockaways Athletic Club and Pizza Man, Forrest Whitlark, Paul Whitlark, Charlie E. Bishop, and Brett Blanks, Appellants.

Ariail Elizabeth King and James Mixon Griffin, both of Lewis Babcock & Griffin, LLP, of Columbia, for Appellant. Louis H. Lang of Callison Tighe & Robinson, LLC, of Columbia, for Respondents. Mario Anthony Pacella of Strom Law Firm, LLC, of Brunswick, Georgia, for Respondents.

Respondents brought this suit to recover gambling losses suffered through video gambling machines located at restaurants owned by the Appellants. Appellants appeal the order of the circuit court granting Respondent's motion for partial summary judgment and denying Appellant's motion for summary judgment by ruling that the doctrine of in pari delicto had been abrogated by the South Carolina Legislature.

 
Tuesday, March 12, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-196627    The State, Respondent, v. Teresa Blakely, Appellant.

C. Rauch Wise, of Greenwood, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent.

This appeal arises from Appellant Teresa Blakely's conviction for accessory after the fact of murder. On appeal, Blakely argues her due process rights were violated because: (1) her conviction was a result of a vindictive prosecution; (2) she was indicted for accessory after the fact of murder after the defendant had been acquitted of murder; and (3) the State took inconsistent positions in two separate criminal proceedings against Blakely.

 
10:40 a.m. (Time Limits: 10-10-5)
2010-152170    James Dator, Petitioner, v. State of South Carolina, Respondent.

Ashleigh Rayanna Wilson of Columbia SC for Respondent State of South Carolina, Robert M. Pachak of Columbia SC for Petitioner James Dator

In this post-conviction relief (PCR) action, the Court granted a writ of certiorari to review the denial of Petitioner's PCR claim. Petitioner contends trial counsel rendered ineffective assistance of counsel by failing to make a Confrontation Clause objection when the State presented a witness to testify by telephone.

 
10:40 a.m. (Time Limits: 10-10-5)
2010-152170    James Dator, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Robert M. Pachak, of Columbia, for Petitioner. Assistant Attorney General Matthew J. Friedman, of Columbia, for Respondent.

In this post-conviction relief (PCR) action, the Court granted a writ of certiorari to review the denial of Petitioner's PCR claim. Petitioner contends trial counsel rendered ineffective assistance of counsel by failing to make a Confrontation Clause objection when the State presented a witness to testify by telephone.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-207066    Mark Christianson, Appellant, v. MBNA America Bank NA, Respondent.

David Charles Alford of David C. Alford, PC, of Spartanburg, for Appellant. Christian Stegmaier of Collins & Lacy, PC, of Columbia, for Respondent.

This appeal arises from the circuit court's entry of judgment in favor of Respondent MBNA America Bank, N.A. in connection with Appellant Mark Christianson's action to set aside an order confirming an arbitration award against him. On appeal, Appellant argues the trial court erred by: (1) not finding extrinsic fraud by Respondent in obtaining its judgment; (2) finding res judicata barred Appellant from the requested relief; and (3) finding the requested relief was untimely.

 
12:00 p.m. (Time Limits: 10-10-5)
2012-207348    Ajoy Chakrabarti and Sukla Chakrabarti, Respondents, v. City of Orangeburg, Appellant.

Elmer Kulmala of Harvey & Kulmala, of Barnwell, for Appellant. C. Bradley Hutto of Williams & Williams, of Orangeburg, for Respondents.

In this negligence and inverse condemnation case, the City of Orangeburg (Orangeburg) appeals, arguing the trial court erred in (1) concluding Orangeburg's demolition of Ajoy and Sukla Chakrabarti's house amounted to inverse condemnation requiring payment of just compensation; (2) denying Orangeburg's motions for a directed verdict and judgment notwithstanding the verdict on the causes of action for gross negligence and sovereign immunity; and (3) awarding two distinct damage amounts on the two causes of action.

 
Wednesday, March 13, 2013
Court Room I
10:40 a.m. (Time Limits: 10-10-5)
2012-207906    AnMed Health, Appellant, v. South Carolina Department of Employment and Workforce and Pamela S. Crowe, Respondents.

Stuart M. Andrews, Jr., Jennifer Ison Cooke, and Gary Lee Capps, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Appellant. Debra Sherman Tedeschi, of Columbia, for Respondent South Carolina Department of Employment and Workforce. Alexander D. Paterra of The Paterra Law Firm, LLC, of Greenville, for Respondent Pamela S. Crowe.

AnMed Health appeals an order from the administrative law court affirming the Department of Employment and Workforce's decision that AnMed's former employee was eligible for unemployment benefits without disqualification.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-208046    Tim McGee, Appellant, v. David Thornton and Thornton Brothers Construction, Respondents.

Max G. Mahaffee of Grimball & Cabaniss, LLC, of Charleston, for Appellant. Zachary James Closser of Smith Closser, of Charleston, for Respondents.

In this action to recover damages arising from a construction contract, Tim McGee appeals the trial court's entry of judgment in favor of David Thornton and Thornton Brothers Construction. On appeal, McGee argues the trial court erred in (1) ruling that South Carolina Code section 40-59-30 precluded any recovery by McGee in this case, and (2) dismissing the case after all of the evidence had been presented.

 
Thursday, March 14, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2012-208806    Bank of America, N.A., Respondent, v. Todd Draper, Mortgage Electronic Registration Systems, Inc., acting as nominee for American Home Mortgage, its successors and assigns, Shawn Kephart, Matthew H. Henrikson, The United States of America, by and through its Agency, the Internal Revenue Service, South Carolina Department of Revenue, Branch Banking and Trust Company, and Linkside III Homeowners Association, Inc., Defendants, Of Whom Todd Draper and Matthew H. Henrikson are the Appellants.

Matthew Holmes Henrikson of Henrikson Law Firm, LLC, of Greenville, for Appellants. Dean Anthony Hayes of Korn Law Firm, PA, of Columbia, for Respondent.

In this mortgage foreclosure action, Todd Draper and Matthew Henrikson appeal the master-in-equity's granting summary judgment to Bank of America, arguing the bank lacked standing because it did not own the loan but was the servicer of the loan.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-209066    Sydney S. Phillips, Appellant, v. Laura Bango, individually, and as Executor of the Estate of Roy Russell Phillips, Respondents.

Sarah Ganss Drawdy of The Drawdy Law Firm, LLC, of Anderson, for Appellant. David M. Yokel of David M. Yokel, LLC, of Greenville, for Respondents.

Sydney S. Phillips appeals the family court's temporary order denying her request for a restraining order prohibiting Roy Russell Phillips from changing the beneficiary of his life insurance.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-209067    Boykin Contracting, Inc., Respondent, v. K. Wayne Kirby d/b/a Carolina Gold Bingo, Appellant.

Edward Wade Mullins, III and Benjamin C. Bruner of Bruner Powell, Wall & Mullins, LLC, of Columbia, for Appellant. Charles Harry McDonald of Robinson McFadden & Moore, PC, of Columbia, for Respondent.

This case arises from the renovation of a former Winn-Dixie building for the operation of a bingo business owned by K. Wayne Kirby d/b/a Carolina Gold Bingo. Boykin Contracting, LLC performed certain electrical work on the building as part of the renovation. Kirby appeals the trial court's judgment in favor of Boykin on its quantum meruit claim.

 
12:00 p.m.
2012-212950    Commissioners of Public Works of the Town of Mt. Pleasant, South Carolina, Respondent, v. Henry Swinton, Jr., Leroy Swinton, Earsilee Nesbitt, Jack Swinton, Charles Swinton, Nathaniel Swinton, and James Swinton, Appellants.

Christopher L. Murphy of Stuckey Law Offices, LLC, of Charleston, for Appellants. James Atkinson Bruorton, IV, and Timothy James Wood Muller, of Rosen Rosen & Hagood, LLC, of Charleston, for Respondent.

 
Tuesday, March 5, 2013
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2010-180066    The State, Respondent, v. Jason Thomas Husted, Appellant.

J. Joseph Condon, Jr. of North Charleston for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Julie Kate Keeney, all of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

Jason Thomas Husted appeals his conviction for resisting arrest, arguing (1) the trial court erred in refusing to grant his directed verdict motion, (2) the trial court erred in failing to charge the jury that a lawful arrest was a necessary element to prove the crime of resisting arrest, and (3) the trial court erred in failing to include several requested charges in its jury instructions.

 
10:40 a.m. (Time Limits: 10-10-5)
2010-180986    Aequicap Insurance Company, Appellant, v. Eddie Reese Best, Travis Scott d/b/a Fiscal Transport, F.I.S.C.A.L. Transportation, LLC; Estate of James Buchanan, and Roger Pelote, Defendants, Of whom Estate of James Buchanan and Roger Pelote are Respondents.

Casper Fredric Marcinak, III, Robert Daniel Moseley, Jr., and Joseph William Rohe, all of Smith Moore Leatherwood, LLP, of Greenville, for Appellant. John S. Nichols of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, and Daniel W. Luginbill of Wilson, Luginbill & Kirkland, LLC, of Bamberg, for Respondent Estate of James Buchanan.

This appeal arises from a declaratory judgment action filed by Appellant Aequicap Insurance Company seeking a ruling as to its duties and obligations to Respondents Estate of James Buchanan and Roger Pelote. On appeal, Appellant argues (1) the endorsement properly excludes coverage in amounts exceeding those required by South Carolina's Financial Responsibility Act, and (2) the applicable minimum limit of coverage is $75,000 because the insured was exempt from commercial motor carrier insurance requirements.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-186546    City of Conway, Respondent, v. Gerald Builders of Conway, Inc., Appellant.

John Reuben Long, II of Thompson & Henry, PA, of Conway, for Appellant. Joseph F. Singleton and Kathryn Harper Sligh, both of Singleton Burroughs & Young, PA, of Conway, for Respondent.

In this case arising from a settlement agreement concerning land rezoning, Gerald Builders of Conway, Inc. (Gerald Builders) appeals, arguing the Special Referee erred in (1) concluding the 2006 Settlement Agreement was enforceable or unambiguous; (2) not finding the City of Conway (Conway) violated public policy and Gerald Builders' constitutional rights by entering into a contract to sell rezoning rights; (3) requiring Gerald Builders to perform under the 2006 Settlement Agreement when the proposed terms of the Settlement Agreement were not fulfilled by Conway; (4) determining Conway was entitled to the proceeds from Gerald Builders' sale of real property when the property was not subject to the 1998 Development Agreement; (5) deciding any other issues when Judge Hyman intended to refer only the issue of the interpretation of the 1998 Development Agreement; and (6) awarding Conway a $101,054.23 judgment from the land sale when there were no net proceeds generated from the sale.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-184487    The State, Respondent, v. Christopher Watson, Appellant.

Assistant Appellate Defender Breen Richard Stevens, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka, and Senior Assistant Attorney General W. Edgar Salter, III, of Columbia, for Respondent. Solicitor Daniel Edward Johnson, of Columbia, for Respondent.

Christopher Watson appeals his murder conviction, arguing the trial court erred in (1) admitting into evidence a graphic photograph of the victim because its probative value was substantially outweighed by unfair prejudice and (2) allowing testimony indicating Watson threatened a witness after the witness gave a statement to law enforcement.

 
Wednesday, March 6, 2013
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2011-200507    David G. Becker, Appellant, v. Steve Frazier, d/b/a Sunrise Construction, Frazier Properties of Myrtle Beach and Steve's Housing Center and South Carolina Uninsured Employers Fund, Defendants, Of whom South Carolina Uninsured Employers Fund is the Respondent.

D. Michael Kelly and Bradley Davis Hewett, both of Mike Kelly Law Group, LLC, of Columbia, for Appellant. Phillip F. L. Hughes of Phillip Francis Luke Hughes, PA, of North Myrtle Beach, for Appellant. Lisa C. Glover, of Columbia, for Respondent SCUEF. Terence A. Quinn of Saleeby & Cox, PA, of Hartsville, for Respondents.

David G. Becker appeals the order of the circuit court affirming the South Carolina Workers' Compensation Commission's decision that Steve Frazier, d/b/a Sunrise Construction, Frazier Properties of Myrtle Beach and Steve's Housing Center, did not regularly employ four or more employees in his business and therefore was not subject to the Workers' Compensation Act.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-209586    Betty Joe Floyd as Personal Representative of the Estate of Scottie W. Floyd, deceased, Employee, Appellant, v. Ken Baker Used Cars, Employer, and Legion Insurance Company in liquidation/ South Carolina Property & Casualty Insurance Guaranty Association, Carrier, and AmGuard Insurance Company, Carrier, Respondents.

Steve Wukela, Jr. of Wukela Law Office, of Florence, for Appellant. Edwin Pruitt Martin, Jr., of Hedrick Gardner Kincheloe & Garofalo, LLP, of Columbia, for Respondents Ken Baker Used Cars & Amguard Insurance Company. Peter P. Leventis, IV and Mark Davis Cauthen, both of McKay Cauthen Settana & Stubley, PA, of Columbia, for Respondent Legion Ins. Co., in liquidation, SC Property & Casualty Ins Guaranty Association.

In this workers' compensation action, after an injured employee passed away more than six years after his injury, his mother alleged he was entitled to a permanent award for the loss of use of the brain and back and entitled to lifetime benefits when he died from causes other than the injury. Mother appeals the Workers' Compensation Commission's denial of her claims.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-203407    Wells Fargo, N.A., Respondent, v. Ronald R. Watkins and Stefan Acres Property Owners Association, Inc., Defendants, Of Whom Ronald R. Watkins is the Appellant. Wells Fargo, N.A., Respondent, v. Ronald R. Watkins and Stefan Acres Property Owners Association, Inc., Defendants, Of Whom Ronald R. Watkins is the Appellant. Wells Fargo, N.A., Respondent, v. Ronald R. Watkins and Ashland Plantation Property Owners Association, Inc., Defendants, Of Whom Ronald R. Watkins is the Appellant.

Brian Morris Knowles of Knowles Law Firm, PC, of Summerville, for Appellant. Thomas E. Lydon of McAngus Goudelock & Courie, LLC, of Columbia, for Respondent.

Ronald Watkins appeals the circuit court's grant of summary judgment in favor of Wells Fargo Bank, N.A. (the Bank) in these foreclosure actions. He contends the circuit court erred in finding the affirmative defense of unclean hands, arising from the alleged unauthorized practice of law, defeated the Bank's claims.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-204148    Caroline LeGrande, H. Paul LeGrande, Jr., and Marion Mancini, Appellants, v. South Carolina Electric & Gas Company, Respondent.

Robert B. Ransom of Leventis & Ransom, of Columbia, for Appellants. iSteven James Pugh and Mason A. Summers, both of Richardson Plowden & Robinson, PA, of Columbia, for Respondent.

Appellants argue the trial court erred in finding as a matter of law that in 2005 the Appellants did not own the cedar trees and the fence along Turkey Farm Road.

 
Cases to be Submitted Without Oral Argument
2010-163348 The State, Respondent v. Willie Horry, Appellant.

2011-192935 Anthony Lamar Brown, Petitioner, v. State of South Carolina, Respondent.

2011-193106 The State, Respondent, v. Connie Dumas, Appellant.

2011-194487 The State, Respondent v. Randall Price, Appellant.

2010-159228 John Cecil Mundy, Petitioner, v. State of South Carolina, Respondent.

2011-183368 Trenton Bennett, Petitioner, v. State of South Carolina, Respondent.

2011-199915 Christopher Caldwell, Petitioner, v. State of South Carolina, Respondent.

2011-184506 Hartford R. Best, #105214, Appellant, v. Samuel B. Glover, Director of the South Carolina Department of Probation, Parole and Pardon Board, Respondent.

2011-184794 Demetrius Adams, Petitioner, v. State of South Carolina, Respondent.

2011-199367 The State, Respondent, v. Herbert Causey, Appellant.

2011-193116 Garrick Broadnax, Petitioner, v. State of South Carolina, Respondent.

2011-196746 The State, Respondent v. Elbert Wallace, Appellant.

2009-146730 Cordoray C. Williams, Petitioner, v. State of South Carolina, Respondent.

2011-188948 James Jermaine Abercrombie, Petitioner, v. State of South Carolina, Respondent.

2011-190811 The State, Respondent v. Charles Walshaw, Appellant.

2011-190812 Stanley B. DeHart III, Petitioner, v. State of South Carolina, Respondent.

2010-158727 Stanley Wise, Petitioner, v. State of South Carolina, Respondent.

2011-190807 Denise Michelle Edwards, Petitioner, v. State of South Carolina, Respondent.

2011-195627 The State, Respondent, v. Rondell Carter, Appellant.

2010-173526 Earl Spencer, Petitioner, v. State of South Carolina, Respondent.

2011-201786 The State, Respondent, v. Curtis Gerald, Appellant.

2009-145187 David M. Chapman, Petitioner, v. State of South Carolina, Respondent.

2010-153647 Talvin Johnson, Petitioner, v. State of South Carolina, Respondent.

2011-182046 The State, Respondent v. Brandon Jerome Simmons, Appellant.

2011-195668 Tony Junior Drayton, Petitioner, v. State of South Carolina, Respondent.

2011-188950 Mickey Terrell Dover, Petitioner, v. State of South Carolina, Respondent.

2011-198167 The State, Respondent, v. James D. Chapman, Appellant.

2010-166148 Raymond Stegall, Petitioner, v. State of South Carolina, Respondent.

2011-196489 The State, Respondent v. Ricky New, Appellant.

2010-149328 Oscar McDowell, Petitioner, v. State of South Carolina, Respondent.

2011-200608 The State, Respondent, v. Robert H. Koon, Appellant.