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Court of Appeals - Roster of Cases for Hearing

October 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, October 7, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2012-209606    ZAN, LLC, Appellant, v. Ripley Cove, LLC, W.H. Knight, Karl A. McMillan individually and as the principal of Karl A. McMillan, Inc., St. Andrews Title & Abstract Agency, Inc., Chicago Title Ins. Co. and Charles A. Funk & Lillian M. Funk, Defendants, Of whom Ripley Cove, LLC, W.H. Knight, Karl A. McMillan individually and as the principal of Karl A. McMillan, Inc., and East Coast Trading Co., are the Respondents. ZAN, LLC, Plaintiff, v. East Coast Trading Co., Defendant.

Andrew K. Epting, Jr. and Michelle Nicole Endemann,, both of Andrew K. Epting, Jr., LLC, of Charleston, for Appellant. Stanley E. Barnett of Smith Bundy Bybee & Barnett, PC, of Mt. Pleasant, for Respondents. Kerry W. Koon, of Charleston, for Respondents.

ZAN, LLC (ZAN) appeals the trial court's refusal to rescind a contract in its breach of contract, negligent representation, and constructive fraud action against Ripley Cove, LLC, W.H. Knight, Karl A. McMillan, individually and as the principal of Karl A. McMillan, Inc., W.M. Belote, East Coast Trading Company, St. Andrews Title & Abstract Agency, Inc., Chicago Title Insurance Company, and Charles A. and Lillian M. Funk. ZAN argues the trial court erred in denying rescission and in awarding only $10,000 in damages.

 
10:40 a.m. (Time Limits: 10-10-5)
2009-138747    Desiree Gabriel Brown, Respondent, v. Wendell Brown, Appellant.

Thomas Franklin McDow, IV, and Erin K. Urquhart, both of Law Office of Thomas F. McDow, of Rock Hill, for Appellant. David Christopher Shea of Shea and Barron, of Columbia , for Respondent.

In this divorce action, Wendell Brown (the husband) appeals (1) the family court's award of joint custody of the parties' three children, and (2) the family court's award of attorney's fees to Desiree Gabriel Brown (the wife).

 
11:20 a.m. (Time Limits: 10-10-5)
2011-187106    Desiree Gabriel Brown, Respondent, v. Wendell Brown, Appellant.

Thomas Franklin McDow, IV, and Erin K. Urquhart, both of Law Office of Thomas F. McDow, of Rock Hill, for Appellant. David Christopher Shea of Shea and Barron, of Columbia, for Respondent.

In this subsequent action for modification of child support, Wendell Brown (the husband) appeals the family court's award of attorney's fees to Desiree Gabriel Brown (the wife).

 
12:00 p.m. (Time Limits: 10-10-5)
2009-147266    The State, Respondent, v. Kerwin S. Parker, Appellant.

Deputy Appellate Defender Wanda H. Carter, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, of Columbia, for Respondent.

Kerwin Parker was convicted of and sentenced for assault and battery with intent to kill (ABWIK) and the possession of a firearm during the commission of a violent crime. He appeals, arguing the trial court erred in instructing the jury that the use of a deadly weapon implied malice with regard to the ABWIK charge. Parker contends the jury instruction was confusing and prejudicial in light of evidence that clearly reduced, mitigated, excused, or justified his actions.

 
Tuesday, October 8, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2012-212280    Charles Stubbs, Appellant, v. South Carolina Department of Employment and Workforce and JSC, LLC, Respondents.

Jack E. Cohoon, of Columbia, for Appellant. Maura Dawson, of Columbia, for Respondent.

Appellant Charles Stubbs appeals an order by the Administrative Law Court affirming the South Carolina Department of Employment and Workforce's dismissal of Stubbs's appeal as untimely. Stubbs argues the ALC erred in basing its decision on the conclusion that the mailbox at Stubbs's apartment complex was not a U.S. Postal Box for the purpose of filing his appeal by mail with the Department.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-195786    Richard Izzard, Appellant, v. City of Georgetown Building Official, Stephen Stack, and City of Georgetown, Respondents.

Richard Izzard, Pro se, for Appellant. Michael Warner Battle of Battle & Vaught, PA, of Conway, for Respondents.

This appeal arises out of Appellant Richard Izzard's improper takings claim against Respondent the City of Georgetown. On appeal, Izzard argues the circuit court erred by granting summary judgment for the City of Georgetown and finding Izzard's claims were barred by res judicata, collateral estoppel, and the South Carolina Tort Claims Act.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-211966    Willie D. Watson, Appellant, v. Nancy Carol Underwood, individually and as putative trustee of the Willie D. Watson Trust; John H. Watson, individually and as putative trustee of the Willie D. Watson Trust; and Future and Potential Heirs for Willie D. Watson, Respondents.

Edward S. McCallum, III of Law Offices of Edward S. McCallum, III, of Greenwood, for Appellant. Thomas Jefferson Goodwyn, Jr. of Goodwyn Law Firm, LLC, of Columbia, for Appellant. B. Michael Brackett of Moses & Brackett, PC, of Columbia, for Respondents.

Willie Watson appeals the circuit court's grant of partial summary judgment finding her daughter, Nancy Underwood, as Watson's attorney-in-fact, had the authority to create and fund an irrevocable trust with Watson's assets.

 
Wednesday, October 9, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2012-212001    Palmetto Youth Academy Charter School, Respondent, v. Florence County School District 1 Board of Commissioners, Appellants.

D. Laurence McIntosh of McIntosh Law Office, of Florence, for Appellant. Samuel M. Mokeba of Baker Ravenel & Bender, LLP, of Columbia, for Respondent. Jenny Anderson Draffin, of Columbia, for Respondent.

This appeal arises out of the revocation of Respondent Palmetto Youth Academy's charter. On appeal, Appellant Florence County School District One argues the Administrative Law Court erred by determining it acted in an arbitrary and capricious manner and exercised an abuse of discretion when it revoked Palmetto Youth Academy's charter.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-212154    Indra SI, S.A., Respondent, v. Rotomotion, LLC, a South Carolina Limited Liability Company, Appellant.

Karen Marie DeJong of DeJong Law Firm, LLC, of Mt. Pleasant, for Appellant. Jason S. Smith and Brian Alan Hellman, both of Hellman & Yates, PA, of Charleston, for Respondent.

Rotomotion, LLC appeals the circuit court's grant of summary judgment in favor of Indra SI, S.A. in this contract dispute. Rotomotion contends the circuit court erred in relying on Rule 56(c) when its decision was really a default judgment based on Rotomotion's late-filed answer. Rotomotion also argues the award of treble damages under the South Carolina Unfair Trade Practices Act was inappropriate.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-203766    The State, Respondent, v. Robert Palmer, Appellant

Senior Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., of Columbia, for Respondent.

Robert Palmer appeals his conviction of homicide by child abuse, aiding and abetting homicide by child abuse, and unlawful conduct toward a child, arguing the trial court erred (1) in refusing to enforce a proffer agreement he made with the State, and (2) in refusing to grant his motion for a directed verdict because the State failed to present substantial circumstantial evidence of his guilt.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-203707    The State, Respondent, v. Robert Palmer and Julia Gorman, Appellants.

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

Julia Gorman appeals her conviction of homicide by child abuse, aiding and abetting homicide by child abuse, and unlawful conduct toward a child, arguing the trial court erred (1) in admitting her statements given to police, and (2) in refusing to grant her motion for a directed verdict.

 
Thursday, October 10, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2012-212253    Ivan Robinson, Respondent, v. Amber Harris, Appellant.

James Ross Snell of Law Office Of James R. Snell, Jr., LLC, of Lexington, for Appellant. Jennifer Marie Clinkscales, of Lexington, for Appellant. April Porter Counterman of Law Office of April P. Counterman, PC, of Chester, for Respondent.

Appellant Amber Harris (Mother) seeks review of the family court's award of child custody to Respondent Ivan Robinson (Father). Mother argues the family court erred in awarding custody to Father because Father was using illegal drugs and Mother had the superior ability to provide for the parties' minor son. Mother also argues the family court erred in considering her former occupation as a stripper and her current occupation as a greeter at a strip club in determining child custody.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-212279    Hector G. Fragosa, Employee/Claimant, Appellant, v. Kade Construction, LLC, Employer, and Key Risk Management Services, Inc., Carrier, Respondents.

Stephen Benjamin Samuels of Samuels Law Firm, LLC, of Columbia, for Appellant. Jeffrey Christopher Chandler of Chandler Law Firm, of Myrtle Beach, for Appellant. Michael W. Burkett and John Gabriel Coggiola, both of Willson Jones Carter & Baxley, P.A., of Columbia, for Respondents.

Hector Fragosa appeals the South Carolina Workers' Compensation Commission Appellate Panel's (Appellate Panel) order, arguing the Appellate Panel erred in (1) finding he did not suffer physical brain damage, and was thus not entitled to lifetime medical benefits, and (2) relying on the opinion of Dr. Mark Wagner.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-212326    Gayla Ramey, Employee, Appellant/Respondent, v. Unihealth Post Acute Care Tanglewood, Employer, and American Zurich Insurance Company, Carrier, Respondents/Appellants.

Mark Reagan Calhoun of Calhoun Law Firm, of Lexington, for Appellant/Respondent. Richard Daniel Addison of Hedrick Gardner Kincheloe & Garofalo, LLP, of Columbia, for Respondents/Appellants.

This case involves the cross-appeal of the order of the Appellate Panel of the South Carolina Workers' Compensation Commission ordering Employer to pay Claimant temporary total disability compensation. Claimant challenges the Appellate Panel's determination of the compensation rate. Employer argues Claimant should be barred from receiving temporary total disability compensation.

 
Tuesday, October 15, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2010-166947    Thaddeus Segars and Kellie Segars, Appellants, v. Beaufort County Assessor, Respondent.

Gregory Michael Galvin of Galvin Law Group, of Bluffton, for Appellants. Stephen P. Hughes and William Thomas Young, III, both of Howell Gibson & Hughes, PA, of Beaufort, for Respondent.

The ALC upheld the Beaufort County Assessor's valuations of two parcels of property owned by Appellants Thaddeus Segars and Kellie Segars for tax years 2004 through 2008. The Segars appeal, arguing the Beaufort County Assessor, the Beaufort County Board of Assessment, and the ALC misapplied the statutory definition of "fair market value."

 
10:40 a.m. (Time Limits: 10-10-5)
2012-212479    Ronald Morga, Appellant, v. South Carolina Department of Motor Vehicles, Respondent.

Christopher David Lizzi of Lizzi Law Firm, PC, of North Charleston, for Appellant. Frank L. Valenta, Jr., Linda Annette Grice, and Philip S. Porter, all of Blythewood, for Respondent..

Ronald Morga appeals the order of the Administrative Law Court (ALC) affirming the final order of the South Carolina Department of Motor Vehicles, which sustained the suspension of his driver's license. Morga argues the ALC erred in admitting documents in proof of his arrest for the underlying charge of driving under the influence because the underlying charge was nol prossed. Morga also argues the ALC erred in finding section 17-1-40 of the South Carolina Code, providing for the destruction of records where charges are dismissed, did not apply.

 
11:20 a.m.
2010-164866    Gerald Smith, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Robert M. Pachak, of Columbia, for Petitioner. Assistant Attorney General David A. Spencer and Assistant Attorney General Megan Elizabeth Harrigan, both of Columbia, for Respondent.

In this PCR action, petitioner Gerald Smith ("Smith") contends his plea counsel was ineffective because she failed to object to the solicitor's request that the sentencing court impose the maximum sentence following Smith's guilty plea, which Smith contends was in violation of a negotiated plea agreement.

 
Wednesday, October 16, 2013
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2012-211168    Tynaysha Horton, Appellant, v. City of Columbia, Respondent.

James Emerson Smith, Jr., and Dylan Ward Goff, both of James E. Smith Jr., PA, of Columbia, for Appellant. Robert G. Cooper, of Columbia, for Respondent..

Tynaysha Horton appeals the circuit court's grant of summary judgment in favor of the City of Columbia as to her claims for negligence, malicious prosecution, false arrest, false imprisonment, and assault and battery. Horton argues the circuit court's decision was arbitrary and capricious when her case demonstrated a genuine issue of material fact as to whether probable cause existed for the issuance of a warrant for her arrest.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-212101    Eugene Gathers, Respondent, v. Ned Wright, Hattie Wright Gaston, Annie M. Wright, Edward Wright, Samuel Wright, James Wright, Earline Wright Maxwell, Wilmenia Wright, Henry Wright, Oscar Wright, Leroy Wright, Harold Wright, Charles Wright, Samuel Wright, Jr., Ernestine Wright, Henry Wright, Jr., Ernest McKnight, along with John Doe or Mary Roe, fictitious names to designate minors, infants, person of unsound mind, under disability or incompetent. Person in prison, persons in the military service within meaning of Title 50, United States Code, commonly referred to as The Soldiers and Sailors Civil Service Act of 1940, if any, and Richard Roe and Sarah Roe, fictitious names to designate the unknown heirs, devisees, distributees, issue, executors, administrators, successors or assigns of Ned Wright, Hattie Wright Gaston, Annie M. Wright, Edward Wright, Samuel Wright, James Wright, Earline Wright, Wilmenia Wright, Henry Wright, Oscar Wright, Leroy Wright, Harold Wright, Charles Wright, Samuel Wright, Jr., Ernestine Wright, and Henry Wright, Jr., also all other unknown person claiming any right, title, estate of lien upon the real estate which is the subject of this action, Defendants, of whom Ernest McKnight is the Appellant.

Willie Bruce Heyward of Heirs' Property Law Center, LLC, of Charleston, for Appellant. Jonathan Scott Altman of Derfner Altman & Wilborn, LLC, of Charleston, for Respondent.

This appeal arises from Respondent Eugene Gathers' action to quite title. On appeal, Appellant Ernest McKnight argues the trial court erred by: (1) finding McKnight was a creditor and did not have an interest in the disputed property; (2) finding McKnight did not have a statutory right of first refusal; and (3) granting Gathers fee simple title by way of summary judgment.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-196007    Amber Johnson, Respondent, v. Stanley E. Alexander, Mario S. Inglese and Mario S. Inglese, PC, Defendants, Of Whom Stanley E. Alexander is the Appellant. Marios S. Inglese and Mario S. Inglese, PC, Third Party Plaintiff, v. Charles Feeley, Third Party Defendant.

Joel W. Collins, Jr. of Collins & Lacy, PC, of Columbia, for Appellant. Robert Fredrick Goings of Goings Law Firm, LLC, of Columbia , for Appellant. Mary Leigh Arnold of Mary Leigh Arnold, PA, of Mt. Pleasant, for Respondent. Justin S. Kahn of Kahn Law Firm, LLP, of Charleston, for Respondent.

In legal malpractice appeal, attorney Stanley Alexander appeals the circuit court's order granting his client Amber Johnson partial summary judgment on her cause of action for professional negligence. He also appeals the circuit court's denial of his motion for continuance.

 
Thursday, October 17, 2013
Court Room I
09:30 a.m. (Time Limits: 10-10-5)
2011-196386    Mark F. Teseniar and Nan M. Teseniar, on behalf of themselves and others similarly situated, and Twelve Oaks at Fenwick Property Owners Association, Inc., Respondents, v. Professional Plastering & Stucco, Inc., Maria Arias, and Miquel Rosales, Defendants, Of whom Professional Plastering & Stucco, Inc. is the Appellant. Professional Plastering & Stucco, Inc., Appellant, v. Maria Arias, Miquel Rosales, and APS Enterprises Unlimited, Inc., Third-Party Plaintiffs, Of whom APS Unlimited, Inc. is the Respondent.

Jonathan J. Anderson and Danielle Beck Wegener, both of Anderson Reynolds & Stephens, LLC, of Charleston, for Appellant. Everett Augustus Kendall, II, and Christy Elizabeth Mahon, both of Sweeny Wingate & Barrow, PA, of Columbia, for Appellant. W. Jefferson Leath, Jr. of Leath Bouch & Seekings, LLP, of Charleston, for Respondent M. & N. Teseniar & Twelve Oaks at Fenwick. Phillip Ward Segui, Jr., of Segui Law Firm, of Mt. Pleasant, for Respondent M. & N. Teseniar & Twelve Oaks at Fenwick. John T. Chakeris of Chakeris Law Firm, of Charleston, for Respondent M. & N. Teseniar & Twelve Oaks at Fenwick. Justin O'Toole Lucey, of Mt. Pleasant, for Respondent M. & N. Teseniar & Twelve Oaks at Fenwick. Michael A. Timbes and Jesse A. Kirchner, both of Thurmond Kirchner Timbes & Yelverton, PA, of Charleston, for Respondent M. & N. Teseniar & Twelve Oaks at Fenwick. Roy Pearce Maybank, Amanda R. Maybank, and Jason Alan Daigle, all of Maybank Law Firm, LLC, of Charleston, for Respondent APS Enterprises.

In this construction defect case, Professional Plastering & Stucco, Inc. (Professional) appeals the jury verdict in favor of Mark F. Teseniar and Nan M. Teseniar, on behalf of themselves and other similarly situated, and Twelve Oaks at Fenwick Property Owners Association, Inc. (POA) (collectively referred to as Respondents) on the charges of negligence and breach of warranty of workmanlike service. Professional asserts the trial court erred by (1) failing to qualify Chris Dawkins as an expert witness, (2) failing to admit Professional's stucco-only estimate, (3) denying Professional's motion for set-off and motion for a new trail remittitur, (4) including the settlement amount received by Respondents on the verdict form and in its jury charge, (5) giving instructions to the jury, and (6) denying Professional's motion for a directed verdict and judgment notwithstanding the verdict (JNOV) on the claim of breach of warranty of workmanlike service. Professional also appeals the trial court's grant of summary judgment in its cross-claim against APS Unlimited, Inc. (APS).

 
10:10 a.m. (Time Limits: 10-10-5)
2012-212377    Kevin Schumacher, Appellant, v. Lance Hoover, Respondent.

Kirby Darr Shealy, III, of Adams and Reese, LLP, of Columbia, for Appellant. James Edward Bradley and Margaret Amelia Hazel, both of Moore Taylor & Thomas, PA, of West Columbia, for Respondent.

Kevin Schumacher appeals the trial court's ruling on his breach of contract action against his residential tenant Lance Hoover.

 
10:40 a.m. (Time Limits: 10-10-5)
2009-140446    The State, Respondent v. Christopher Spriggs, Appellant.

John H. Blume, III, of Blume Norris & Franklin-Best LLC, of Columbia, for Appellant. Emily C. Paavola, 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 William M. Blitch, Jr., all of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

Appellant Christopher Spriggs seeks review of his conviction for voluntary manslaughter. He argues the trial court erred in charging the jury on voluntary manslaughter during his murder trial because the trial court had previously promised to defer to Appellant's wishes concerning a jury charge on a lesser-included offense and this promise affected counsel's trial strategy. Appellant also argues the trial court erred in charging the jury that malice may be inferred from the use of a deadly weapon and this error was not harmless beyond a reasonable doubt.

 
Tuesday, October 8, 2013
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2011-194866    Sherrie Mann McBride, Appellant, v. School Distict of Greenville County, Respondent.

Katherine Carruth Goode, of Winnsboro, for Appellant. N. Heyward Clarkson, III and John D. Harjehausen, both of Clarkson Walsh Terrell & Coulter, PA, of Greenville, for Respondent.

In this civil action, the appellant, Sherrie McBride, argues the trial court erred in (1) granting the School District of Greenville County's (the District) motion for a directed verdict as to McBride's abuse of process and defamation causes of action; (2) denying her due process by excluding relevant evidence and preventing her from fully presenting evidence in support of her causes of action; (3) allowing the District to amend its answer to assert qualified privilege and immunity as affirmative defenses just prior to the 2011 trial; and (4) adopting Nancy Mann's 2007 testimony as the most accurate reconstruction of her 2011 testimony.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-212218    Shelby King, Appellant, v. Amy Bennett, The Amy D. Bennett Trust, and Amy Bennett Trustee, Respondents.

Thomas Jefferson Goodwyn, Jr. of Goodwyn Law Firm, LLC, of Columbia, for Appellant. Todd Raymond Ellis of Law Office of Todd Ellis, P.A., of Irmo, for Respondents.

Appellant Shelby King sued Respondents Amy Bennett, The Amy D. Bennett Trust, and Amy Bennett, trustee, asserting various equitable causes of action, fraud, civil conspiracy, and conversion by false pretenses arising from King's claim that she was entitled to compensation for her services as a real estate professional. The trial court granted summary judgment to Respondents, and King appeals, arguing (1) the trial court erred in holding King could not recover because of the absence of a written agreement with Respondents and (2) there were issues of fact for the jury on each of King's claims.

 
Wednesday, October 9, 2013
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2009-148486    The State, Respondent, v. Oran Smith, Appellant.

Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Brendan Jackson McDonald, all of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

After his first trial ended in a mistrial, Oran Smith was retried and convicted of murder. Smith appeals, asserting the trial court erred in declining to hold a new hearing on the admissibility of a statement given by Smith when such hearing had been held in the first trial and the trial court found the statement admissible in the first trial.

 
10:40 a.m. (Time Limits: 10-10-5)
2012-211947    Finley C. Evans, Appellant, v. Roper Hospital, Inc. d/b/a Roper St. Francis Healthcare and d/b/a Roper-St. Francis Home Health, Respondents.

Jordan Christopher Calloway of McGowan Hood & Felder, LLC, of Rock Hill, for Appellant. Christy Marie DeLuca of Christy DeLuca, LLC, of Mt. Pleasant, for Appellant. Russell Grainger Hines, Joseph John Tierney, Jr., Stephen Lynwood Brown, and Christine Kent Toporek, all of Young Clement Rivers, LLP, of Charleston, for Respondent.

In this negligence action, Appellant Finley Evans seeks review of the trial court's grant of a directed verdict to Respondent Roper Hospital, Inc. on the basis of insufficient evidence of proximate cause. Appellant argues the trial court erred in finding no evidence that Respondent's negligent wound care proximately caused Appellant's profuse bleeding and related medical problems because the trial court failed to consider evidence presented by Appellant. Appellant also argues the trial court did not properly apply proximate cause principles to the evidence presented.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-212378    Matthew Ward, Respondent, v. Katherine Washington, Appellant.

Shannon Phillips Jones of Shannon Jones, Attorney at Law, LLC, of Charleston, for Appellant. Douglas Alan Barker, of Charleston, for Respondent.

Katherine Washington appeals a contempt order, arguing the family court erred in (1) finding she willfully violated the family court's 2009 order, (2) imposing criminal sanctions without a finding of willful violation beyond a reasonable doubt, and (3) awarding Matthew Ward attorney's fees.

 
Cases to be Submitted Without Oral Argument
2011-196568 Michael A. Hough, Respondent, v. State of South Carolina, Petitioner.

2012-207786 The State, Respondent, v. Ronald Jeffrey Shows, Appellant.

2012-211970 The State, Respondent, v. John J. Day, Appellant.

2012-212012 Brad Marrett, Respondent, v. Dallah Forrest & Summersett Gold, Inc., Appellants.

2011-193466 Samuel Murdaugh, Petitioner, v. State of South Carolina, Respondent.

2010-163647 Bryan Nolan Lamb, Petitioner, v. State of South Carolina, Respondent.

2012-210208 The State, Respondent, v. Nancy Haworth, Appellant.

2011-196569 Michael Shine, Petitioner, v. State of South Carolina, Respondent.

2011-196570 Donnie Joe Jones, Petitioner, v. State of South Carolina, Respondent.

2010-177126 Jerry M. Galbreath, Petitioner, v. State of South Carolina, Respondent.

2012-210832 The State, Respondent, v. Willie Prince, Appellant.

2011-202786 Johnson J. Mitchell, Petitioner, v. State of South Carolina, Respondent.

2011-184728 Shannon Todd, Petitioner, v. State of South Carolina, Respondent.

2011-200006 The State, Respondent, v. William A. Ferrara, Appellant.

2011-194551 Gordon L. Smith, Petitioner, v. State of South Carolina, Respondent.

2012-211956 The State, Respondent, v. Kurt Kalani Sparks, Appellant.

2012-212039 The State, Respondent, v. Andrew Davion Burnside, Appellant.

2012-211107 The State, Respondent, v. Toby Eugene Moore, Appellant.

2012-211547 The State, Respondent, v. Norman Adger Bragg, Appellant.

2011-183426 Yahya Muquit, Petitioner, v. State of South Carolina, Respondent.

2011-188206 State of South Carolina, Respondent, v. Robin Cardneas, Defendant, Smith's Insurance & Bail, Bondsman, Palmetto Surety Corporation, Surety Of Whom Smith's Insurance & Bail, Bondsman, Palmetto Surety Corporation, Surety are Appellants.

2012-212715 Lyman Russell Rea, Marc Rea, William Rea, Melissa Rea, Millicent Lindauer, Plaintiffs, of whom Lyman Russell Rea is the, Appellant, v. Greenville County Detention Center, Respondent.

2010-177446 Kevin Mellette, Petitioner, v. State of South Carolina, Respondent.

2012-213456 Shango Damballah, Appellant, v. South Carolina Departement of Corrections, Respondent.

2013-000256 The State, Respondent, v. Toddrique D. Henderson, Appellant.

2011-198091 The State, Respondent, v. Jeffrey Bernard Falls, Appellant.

2011-187486 The State, Respondent, v. Troy Terrell Baxter, Appellant.

2012-212261 The State, Respondent, v. Walter Goodine, Appellant.

2012-211586 The State, Respondent, v. Willie Lee Colvin, Appellant.

2012-211706 The State, Respondent, v. Dantae Stukes, Appellant.

2011-201306 The State, Respondent, v. Victor Smith, Appellant.

2012-212210 The State, Respondent, v. Carrie Callaham, Appellant

2012-212535 The State, Respondent, v. Antwon Byars, Appellant.

2011-195228 Christopher Edward Strope, Petitioner, v. State of South Carolina, Respondent.

2011-201767 The State, Respondent, v. Henry Lee Felder, Appellant.

2008-100491 Ricardo Johnson, Petitioner, v. State of South Carolina, Respondent.

2010-177086 Demetrius Smalls, Petitioner-Respondent, v. State of South Carolina, Respondent-Petitioner.

2011-203747 The State, Respondent, v. Antrell Rashawn Felder, Appellant.

2011-191870 James B. Stancil, Petitioner, v. State of South Carolina, Respondent.

2011-186587 Harold Simmons, Jr., Appellant, v. Charleston County Family Court, Paul W. Garfinkel and South Carolina Department of Social Services, Pamela Brown, Respondents.

2011-199107 The State, Respondent, v. Fred Smith, III, Appellant.

2011-188769 The State, Respondent, v. Reggie Pinkney, Appellant.

2012-210746 F.M. Haynie d/b/a Docwild's General Contractor, Appellant, v. Paul E. Cash and Carole S. Cash, Respondents.

2012-210846 Green Tree Servicing LLC, formerly known as Green Tree Financial Servicing Corporation, a Limited Liability Company under the laws of the State of Delaware, Respondent, v. Corrie Ann Martin, the South Carolina Department of Revenue, the United States of America by and through its agency the Internal Revenue Service and Anderson Area Medical Center, Inc., n/k/a Anmed Health, Plaintiffs, Of Whom Corrie Ann Martin is Appellant.

2011-190786 The State, Respondent, v. Roosevelt Reaves, Appellant.

2011-184789 Eugene Gary, Petitioner, v. State of South Carolina, Respondent.

2011-200406 State of South Carolina, Respondent, v. Joseph C. Sun, Appellant.

2011-200551 Donna Marie Sheedy, Petitioner, v. State of South Carolina, Respondent.

2012-212060 James Barry Stanley, Appellant, v. Sherl Anne Stanley, Respondent

2012-212558 The State, Respondent, v. Walter Monroe Lance, Appellant.

2010-157626 The State, Respondent, v. Darrell Williams, Appellant.

2010-176626 Adrian Hammond, Appellant, v. The State-Record Company, Inc., Lezlie Patterson, Tanya R. Fogg, Monte Paulson, Lisa Greene and Cliff LeBlance, Respondents.

2011-198447 Linda Fernandes, Respondent, v. Joseph Fernandes, Appellant.

2011-204886 The State, Respondent, v. Corey Gethers, Appellant.

2010-149710 Paul Anthony Rice, Petitioner, v. State of South Carolina, Respondent.

2012-209286 The State, Respondent, v. Asherdon Fari Holloway, Appellant.

2011-203568 The State, Respondent, v. Jevon Nichols Brown, Appellant.

2012-212683 The State, Respondent, v. Ronald Grooms, Appellant.