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Court of Appeals - Roster of Cases for Hearing

October 2012

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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 1, 2012
Court Room I
11:20 a.m. (Time Limits: 10-10-5)
2011-193586    Regions Bank, Plaintiff, v. William S. Owens, David S. Hostetler, Roland G. Paddy and Greer State Bank, Defendants, Of whom,William S. Owens is the, Appellant, andRegions Bank, Roland G. Paddy and Greer State Bank are the, Respondents.

Gene McCain Connell, Jr. of Kelaher Connell & Connor, PC, of Surfside Beach, and Cheevin T. Lex Gardner of Gardner Law Office, of Myrtle Beach, for Appellant. Stephen Peterson Groves, Sr., and Robert Bruce Wallace, of Nexsen Pruet, LLC, of Charleston, for Respondents. William Wesley Johnson, Jr., of Barfield & Johnson, LLC, of Lexington, for Respondents. Sherman Brook Fowler, of Carter Smith Merriam Rogers & Traxler, PA, of Greenville, for Respondents

In this appeal from a mortgage foreclosure action, William Owens argues the master-in-equity erred in denying his motion to set aside entry of default. Owens argues the master improperly applied Rule 55(c), SCRCP, and erred in refusing to allow Owens to file a late answer under Rule 6(b), SCRCP.

 
12:00 p.m. (Time Limits: 10-10-5)
2010-171346    Karen Irby, Appellant, v. Augusta Lawson, Respondent.

Andrew M. Jones, Jr. of Greenville, for Appellant. Edward D. Sullivan, of Sullivan Law Firm, of Columbia, for Respondent.

Karen Irby appeals the trial court's order granting Augusta Lawson's motion for sanctions under the South Carolina Frivolous Civil Proceedings Sanctions Act.

 
Tuesday, October 2, 2012
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-193407    Sylvia Davis, Employee, Claimant, Appellant, v. Allendale County Hospital, Employer and State Accident Fund, Carrier, Respondents.

Thomas M. White, of The Steinberg Law Firm, LLP, of Goose Creek, for Appellant. Otto Edworth Liipfert, III, of Griffith Sadler & Sharp, PA, of Beaufort, for Respondents.

In this workers compensation case, Davis appeals various aspects of the Commission's order, including findings concerning (1) the severity of her back injury, (2) whether Davis had reached maximum medical improvement as to her psychological condition, (3) whether Davis had reached maximum medical improvement on February 25, 2009, (4) whether Davis suffered an 8% impairment to the whole body as opposed to finding she was totally disabled, (5) whether Davis was able to return to any jobs she had performed in the past, (6) whether Davis was credible, and (7) whether Davis' future medical care should be limited.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-193026    David W. Keller, Respondent, v. ING Financial Partners, Inc., William C. Johnson, Diversified Business Concepts, Inc., and Jackson National Life Insurance Company, Defendants, Of Whom ING Finanacial Partners, Inc., William C. Johnson, and Diversified Business Concepts, Inc., are, Appellants.

Ashley B. Abel and Thomas Chase Samples, of Jackson Lewis LLP, of Greenville, for Appellants. Robert DeWitt Thomas, H. Donald Sellers,and J. W. Matthews, III, all of Haynsworth Sinkler Boyd, PA, of Greenville, for Respondent.

ING Financial Partners, Inc., Williams C. Johnson, and Diversified Business Concepts, Inc. appeal the circuit court's denial of their motion to compel arbitration.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-192586    The Retreat at Edisto Co-owners Association, Inc., Gerald Bachelor, Lisa Bachelor, James Currell, Rose Marie Currell, Jervey McKelvey, Barry Smith, Joseph Zuyus, and Emily Zuyus, Plaintiffs, Of whom, The Retreat at Edisto Co-owners Association, Inc., Gerald Bachelor, Lisa Bachelor, James Currell, Rose Marie Currell, Jervey McKelvey, Barry Smith, are, Respondents, v. The Retreat at Edisto, LLC, W. Mark, Steedley, individually, Terry Hoff d/b/a Terry Hoff Construction, Handcrafted Homes, LLC, G&S Supply Co., Georgia-Pacific Building Products, LLC, Georgia-Pacific Wood Products, LLC, General PreCast Manufacturing Co., Banks Construction Company, and Stroble Site Services, LLC, Defendants, Of whom, The Retreat at Edisto, LLC is the, Appellant. ______G & S Co., Inc., Third-Party Plantiff, v. James Pritchard d/b/a Low Country Exteriors and Edson A. Barros d/b/a Sunshine Vinyl Siding, Third-Party Defendants.

David K. Haller of Haller Law Firm of Charleston SC for Appellant. Walter Henry Bundy, Jr. and M. Brent McDonald, of Smith Bundy Bybee & Barnett, PC of Mt. Pleasant, for Respondents.

In this construction defect case, Appellant, The Retreat at Edisto, LLC, seeks review of the circuit court's order granting partial summary judgment to Respondents, The Retreat at Edisto Co-Owners Association, Inc. and several individual unit owners. Appellant challenges the circuit court's interpretation of an amendment to the Master Deed for The Retreat at Edisto Horizontal Property Regime.

 
Wednesday, October 3, 2012
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-191506    Beverly R. Wheeler, Appellant, v. Spartanburg School District Six and Wausau Business Insurance Company, Respondents.

Toney J. Lister, of Lister, Flynn & Kelly, PA, of Spartanburg, for Appellant. Jason Alexander Griggs, of Willson Jones Carter & Baxley, P.A., of Greenville, for Respondents.

In this workers' compensation appeal, Beverly Wheeler argues the workers' compensation commission erred in finding she failed to prove that she sustained a compensable repetitive trauma injury.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-191306    Ralph A. Froneberger and Anna M. Froneberger, Appellants, v. Kirkland Dale Smith, Janel Elizabeth Smith, Euro Mortgage Bankers, Inc., and Countrywide Bank, FSB, Defendants, Of Whom Euro Mortgage Bankers, Inc.,is the, Respondent.

Lucy L. McDow, of Rock Hill, for Appellants. Walter Keith Martens, of Hamilton Martens & Ballou, LLC, of Rock Hill, for Respondent.

In this civil case, the Appellants brought various claims against Kirkland and Janel Smith and Euro Mortgage Bankers, Inc. ( Euro) arising from the Smiths' allegedly fraudulent investment scheme. The Appellants alleged that the Smiths had acted as the agents of Euro. The Appellants appeal the circuit court's order granting summary judgment in favor of Euro on all but one of their claims against it based on its finding that Kirkland Smith was not Euro's actual or apparent agent and that Janel Smith acted outside the scope of her actual or apparent authority in her dealings with the Appellants.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-187449    Tax Capital Group, LLC, Respondent, v. McCaffrey's Irish Pub and Restaurant, LLC and Edward MacMillan, Appellants.

Michael A. Timbes, of Thurmond Kirchner Timbes & Yelverton, PA, of Charleston, for Appellants. Mary Leigh Arnold, of Mary Leigh Arnold, PA, of Mt. Pleasant, for Respondent.

This action arises from a lawsuit by Respondent Tax Capital Group, LLC against Appellants McCaffrey's Irish Pub and Restaurant and Edward MacMillan, claiming monies due under a commercial lease agreement, promissory note, and guaranty. On appeal, Appellants argue the trial court erred in refusing to qualify an expert witness, failing to offset damages, finding Tax Capital did not breach the lease, and determining the commercial lease was invalid.

 
12:00 p.m. (Time Limits: 15-15-5)
2010-178546    Alvenia Lowe Brewer a/k/a Alvenia Lowe Reeves, Appellant, v. Theodore Roosevelt Brewer, Respondent.

Philip E. Wright, of Lancaster, for Appellant. Coreen B. Khoury, of Folks Khoury & DeVenny, LLC, of Lancaster, for Respondent.

Alvenia Lowe Brewer appeals the family court's order granting the parties a divorce and equitably dividing their marital property. She argues the family court erred in (1) failing to equitably divide the parties' personal property, (2) awarding her only a one-half interest in the marital real estate, (3) determining Theodore Roosevelt Brewer's Detroit residence was not transmuted into marital property, and (4) finding Mrs. Brewer's debt was nonmarital.

 
2:20 p.m. (Time Limits: 10-10-5)
2011-187167    Park Regency, LLC, Landy Properties, LLC, and Sowers Properties, individually and in a Derivate capacity on behalf of Crossroads Retail, LLC, Appellants, v. R&D Development of the Carolinas, LLC, Hawkensen Construction, Inc. and Carl's Construction, Inc., Respondents.

Walter Keith Martens, of Hamilton Martens & Ballou, LLC, of Rock Hill, for Appellants. James B. Richardson, Jr., of Columbia, and Thomas B. Roper, of Thomas B. Roper, Esq., of Rock Hill, for Respondents.

In this suit arising from a dispute among members of a limited liability company, the trial court dissociated Respondents from the company and ordered Appellants to pay Respondents their distributional interest. Appellants contend the trial court erred in (1) failing to consider the company's legal obligation to repay debts to its remaining members and other relevant and undisputed evidence when valuing Respondents' distributional interest and (2) treating the dissociated member's liability to the other members as an offset to the fair value of its distributional interest instead of entering a judgment against the dissociated member.

 
Thursday, October 4, 2012
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2010-157867    The State, Respondent, v. Michael Scott Donahue, Appellant.

Deputy Appellate Defender Wanda H. Carter, of Columbia, and Tristan M Shaffer of Shaffer Law Firm, 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, and Solicitor Douglas A. Barfield, Jr., of Lancaster, for Respondent.

Michael Donahue appeals his sentence for burglary in the third degree. He argues his prior out-of-state burglary conviction does not count as a prior conviction under South Carolina Code subsection 16-11-313(B) (2003), and therefore the circuit court erred in sentencing him as a second offender.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-183728    The State, Respondent, v. Rushan Counts, Appellant.

Assistant Appellate Defender Dayne C. Phillips, of Office of Indigent Defense, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Julie Kate Keeney, and Solicitor Daniel Edward Johnson, all of Columbia, for Respondent.

Counts appeals his conviction of possession with intent to distribute marijuana, arguing the circuit court erred in denying his motion to suppress evidence obtained pursuant to a warrantless search of his residence. Specifically, Counts claims police officers lacked reasonable suspicion to justify a search or seizure and conducted a "knock and talk" in an unconstitutional attempt to avoid the prohibition against unreasonable searches and seizures imposed by the Fourth Amendment.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-188768    George Lander, d/b/a The Land Company, George Landers and Associates, Appellants, v. Wise Batten, individually and, Wise Batten, Inc., Respondents.

Talmadge Clark Reynolds, of Lexington, and Chasity Grooms Stratton, of Stratton & Reynolds, LLC, of Lexington, for Appellants. John E. Parker and William Franklin Barnes, III, both of Peters Murdaugh Parker Eltzroth & Detrick, PA, of Hampton, for Respondents.

This appeal arises from a real estate transaction. On appeal, Appellant George Lander argues the trial court erred in granting summary judgment.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-192328    The State, Respondent, v. Nearin Blackwell-Selim, Appellant.

Senior Assistant Appellate Defender Robert M. Pachak, of The Office of Indigent Defense, of Columbia, for Appellant. lAttorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Christina J. Catoe, all of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent.

In this criminal case, Nearim Blackwell-Selim argues the circuit court failed to make adequate findings of fact to support its decision not to grant Blackwell-Selim early parole eligibility under section 16-25-90 of the South Carolina Code (Supp. 2011).

 
Tuesday, October 16, 2012
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2009-112367    Mark Edward Vail, Petitioner, v. State of South Carolina, Respondent.

Daniel J. Westbrook and Travis Dayhuff, of Nelson Mullins Riley & Scarbo,ough, LLP, of Columbia, for Petitioner. Ashleigh Rayanna Wilson, of Columbia, for Respondent.

In this civil appeal, Mark E. Vail contends the trial court erred in finding that he was not denied effective counsel as a result of trial counsel's failure to object to instances of hearsay by witnesses.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-196726    Thomas Lee Brown, Appellant, v. Peoplease Corporation and ARCH Insurance Company c/o Gallagher Bassett Services Inc., Respondents.

Preston F. McDaniel, of McDaniel Law Firm of Columbia, for Appellant. Weston Adams, III, of McAngus Goudelock & Courie, LLC, of Columbia, and Helen Faith Hiser, of McAngus Goudelock & Courie, LLC, of Mt. Pleasant, for Respondents.

In this workers' compensation case, Thomas Brown appeals, arguing (1) the Appellate Panel of the South Carolina Workers' Compensation Commission (Appellate Panel) erred by (a) not granting him lifetime medical care for his lower back problems, (b) not raising the compensation rate to $591.73, and (c) not writing its order; and (2) the Court of Appeals erred by denying Brown's motion for leave to present additional evidence to the Workers' Compensation Commission pursuant to section 1-23-380(3) of the South Carolina Code.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-193627    US Bank National Association as Trustee under the Pooling and Service Agreement with Pooling ID #0040323 and Distribution Series 2006-EMX3, Respondent, v. Christine Jolley Johnson, Charles Waylan Johnson, Christopher Wayne Johnson, Crystal Dawn Holland and any other Heirs at Law or Devisees of Clarence Waylan Johnson, Deceased, their heirs, Personal Representatives Administrators, Successors and Assigns, and all other persons entitled to claim through them;all unknown persons with any right, title, or interest in the real estate described herein, also any person who may be in the military service of the United States of America, being a class designated as John Doe; and nay unknown minors or persons under a disability being a class designated as Richard Roe; Cavalry SPV I, LLC; Hudson & Keyes, LLC, Defendants, Of whom,Christine Jolley Johnson is the, Appellant.

J. Edwin McDonnell of South Carolina Legal Services of Spartanburg for Appellant. Thomas E. Lydon of McAngus Goudelock & Courie, LLC of Columbia for Respondent.

In this foreclosure appeal, Appellant argues the trial court erred in granting summary judgment based on the (1) lack of ownership of the note and mortgage prior to the commencement of the foreclosure, (2) lack of proper signing authority for the alleged assignment of the mortgage, and (3) the trust not properly owning the note and mortgage pursuant to the pool and servicing agreement.

 
12:00 p.m. (Time Limits: 10-10-5)
2010-180226    The State, Appellant/Respondent, v. Kendra Samuel, Respondent/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 Appellant-Respondent. Solicitor Daniel Edward Johnson, of Columbia, for Appellant-Respondent. Richard A. Harpootlian of Richard A. Harpootlian, PA, of Columbia, for Respondent-Appellant.

In this appeal, the State argues the trial court erred in suppressing a statement by Samuel when the trial court found the statement to be voluntary and admissible. The State claims there is no basis in the record for the trial court's decision, and the trial court's failure to exercise any discretion constituted an abuse of its discretion. Samuel cross-appeals the trial court's denial of her motion to suppress four other statements provided by her to law enforcement. She maintains that the statements were taken in violation of her Miranda rights.

 
Wednesday, October 17, 2012
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2010-154086    The State, Respondent, v. James R. Eubanks, Appellant.

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 Appellate Defender Christina J. Catoe, of Columbia, for Respondent. Solicitor Barry Joe Barnette, of Spartanburg, for Respondent.

James R. Eubanks appeals his conviction for trafficking cocaine in an amount between 200 and 400 grams, arguing the trial court erred by failing to quash the search warrant of his residence and outbuilding for lack of probable cause and failing to suppress all evidence found as a result of the search.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-192941    MRR Sandhills, LLC and ZV Pate, Inc., Appellants, v. Marlboro County, South Carolina, Respondent.

Shaun C. Blake and John Julius Pringle, Jr., of Ellis Lawhorne & Sims, PA, of Columbia, for Appellant MRR Sandhills, LLC. Richard A. Harpootlian of Richard A. Harpootlian, PA, of Columbia, for Appellant Z. V. Pate, Inc. Steven Daniel Weber of Parker Poe Adams & Bernstein, LLP, of Charlotte, North Carolilna, and Harry Roberson Easterling, Jr., of Goldberg & Easterling, PA, of Bennettsville, for Respondent.

MRR Sandhills, LLC and Z.V. Pate, Inc. appeal the order of the trial court dismissing their claims against Marlboro County and denying their motion for summary judgment. They assert the trial court erred (1) by concluding that section 6-29-760(D) of the South Carolina Code and laches barred their claim that Marlboro County had not enacted a zoning ordinance; (2) by dismissing their preemption claims; and (3) by granting in part Marlboro County's motion to dismiss certain other causes of action in the complaint.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-201006    Fidelity Bank, Respondent, v. Cox Investment Group, LLC, Jeffrey E. Cox, Bobby E. Lucas, Darren K. Lucas, and the Kingston Plantation Property Owners's Associaion, Inc., Defendants, Of Whom Cox Investment Group, LLC, Jeffrey E. Cox, Bobby E. Lucas, Darren K. Lucas are, Appellants.

William Isaac Diggs of Law Office of William Isaac Diggs of Myrtle Beach, for Appellants. Shaun C. Blake, of Ellis Lawhorne & Sims, PA, of Columbia, for Respondent.

Cox Investment Group, LLC, Jeffrey E. Cox, Bobby E. Lucas, and Darren K. Lucas, (collectively, Appellants) appeal the master-in-equity's (1) award of a third-party deficiency judgment and (2) permission to Fidelity Bank to reform its mortgage.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-197846    Estate of John Cathcart, Appellant, v. Mary Frances Cathcart, Respondent.

Spencer Andrew Syrett of Columbia SC for Appellant. Richard Giles Whiting of Law Offices of Richard Whiting, of Columbia, for Appellant. Stephen R. Fitzer, of Columbia, for Respondent.

In this family court action, filed on behalf of John S. Cathcart prior to his death, the Estate of John S. Cathcart appeals from the order of the family court, asserting error in the court's (1) failure to find any portion of SCANA stock was marital property; (2) apportionment to Mary Frances Cathcart all of the property owned by Mary Frances Cathcart at the time of the filing; (3) failure to award temporary alimony retroactively to the deceased, from the time of filing until his death; and (4) failure to award attorney's fees to the Estate.

 
Thursday, October 18, 2012
Court Room I
10:40 a.m. (Time Limits: 10-10-5)
2011-195267    Willie Riley, Respondent, v. Ulysses Green, individually and as Personal Representative of the Estate of Daniel Green, and Estate of Daniel Green, Pearlie Mae Graves, Sarah Lee Green, Daniel Green, III, Mildred Ann Green, Larry B. Green, Thomas Price, John Doe and Richard Roe, fictitious persons designated to represent all the unknown heirs and distributes of Ernestine Green and Daniel Green, Jr. deceased, and all other unknown person or persons claiming through them or any infant or person under disability or in the Armed Forces of the United States of America and Mary Roe, fictitious person designated to represent the surviving spouse of the parties herein claiming a spousal interest in the herein described real property and John Doe, Richard Roe and Mary Roe, fictitious persons designated as a class to represent all other persons unknown claiming any right, title, interest, or lien upon the real estate described herein, and TO WHOM IT MAY CONCERN, Defendants, Of whom Ulysses Green is, Appellant.

Andrew Sims Radeker, of Harrison & Radeker, P.A., of Columbia, for Appellant. Dennis Wayne Catoe, of Columbia, for Respondent.

This action was brought by Respondent Willie Riley against Appellant Ulysses Green seeking reformation of a deed from Green as personal representative of the Estate of Daniel Green. On appeal, Green argues the master-in-equity erred in (1) ruling that Riley had acquired any title to the property at issue, (2) finding both parcels of property involved should be sold and the proceeds divided between Green and Riley, and (3) finding that Green had unclean hands.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-195546    Thalia S., a minor under the age of 14 years, through her Next Friend and Natural Mother Mercedes Aminta Gromacki, Mercedes Aminta Gromacki, as Personal Representative Of the Estate of Angelina G., Mercedes Aminta Gromacki, Individually, and Kristopher Gromacki, individually, Appellants, v. Progressive Select Insurance Company, Respondent.

Darrell T. Johnson, Jr. and Warren Paul Johnson, both of Law Office of Darrell Thomas Johnson Jr., LLC, of Hardeeville, for Appellant. John Robert Murphy, of Murphy & Grantland, PA, of Columbia, for Respondent.

This appeal involves a dispute over insurance coverage and whether Respondent Progressive Select Insurance Company should be obligated to pay for injuries sustained by Appellants. On appeal, Appellants argue the insurance policy provides bodily injury liability coverage.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-196407    Loida Colonna, Appellant, v. Marlboro Park Hospital, Employer, and Gallagher Bassett Services, Inc., Carrier, Respondents.

Stephen Benjamin Samuels of Samuels Law Firm, LLC, of Columbia, for Appellant. Helen Faith Hiser, of McAngus Goudelock & Courie, LLC, of Mt. Pleasant, and Weston Adams, III, of McAngus Goudelock & Courie, LLC, of Columbia, for Respondents.

In this workers' compensation appeal, Loida Colonna contends the circuit court erred in upholding the Commission's rulings. Specifically, she claims the Commission erred in failing to award her permanent total disability benefits for an injury she sustained to her right foot and ankle. She also claims the Commission erred in concluding she was not entitled to additional permanent partial disability benefits. Colonna argues the Commission erred in finding she was at maximum medical improvement and no longer entitled to temporary total disability. Last, she claims the Commission erred in failing to order her employer to provide lifetime treatment for her spinal cord stimulator.

 
Tuesday, October 2, 2012
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2008-097109    Ernest Pressley, Respondent, v. State of South Carolina, Petitioner.

Megan Elizabeth Harrigan, of Columbia, for Petitioner. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Respondent.

The State appeals the PCR court's grant of Ernest Pressley's petition, contending the PCR court erred in finding trial counsel ineffective for failing to procure a defense DNA expert or request a psychiatric evaluation of the victim.

 
10:40 a.m. (Time Limits: 10-10-5)
2010-176846    Rose Hill and Mary Lee Hunt, Appellants, v. Dwayne Huggins, Joann Henry, Alfred Dale Huggins, Perry Huggins, Pavilack Finance Corp., Derrick Williams, Angela Williams, Crystal Williams Rizzo, Kenneth Williams, John Doe and Jane Doe, being Fictitious names used to designate any and all heirs at law of Patrick Huggins, Willie Huggins and Oneat Huggins, Gracie Ruth Huggins and Alva Williams, deceased, their Devisees, distributees, legatees or Representatives, including such of them that may be minors, incompetents or persons suffering under any legal disability, and any and all persons claiming any right title and interest or lien upon the real estate described in the Complaint in this action whether they are under legal disability or in the armed forces of the United States of America, Defendants, Of whom Dwayne Huggins is, Respondent, AND Dwayne Huggins, Respondent, v. Rose Hill, Mary Lee Hunt, Joann Henry, Alfred Dale Huggins, Perry Huggins, a/k/a Peter Huggins, Pavilack Finance Corp., Derrick Williams, Angela Williams, Crystal Williams Rizzo, and Kenneth Williams, Third Party Defendants, Of Whom Rose Hill and Mary Lee Hunt are, Appellants.

Louis R. Morant of Morant and Morant, LLC, of Georgetown, for Appellants. Toni Lee Tack Pennington, of Pawleys Island, for Respondent. George E. Graham, of McIver & Graham, PA, of Conway, Guardian Ad Litem.

Rose Hill and Mary Lee Hunt appeal the special referee's order, arguing the special referee erred in: (1) failing to issue a ruling on the action to set aside a deed and failing to set aside the deed, (2) failing to establish fee simple title to Hill through adverse possession, and (3) ruling that any claims of the heirs of Willie Huggins were barred by laches.

 
11:20 a.m. (Time Limits: 10-10-5)
2009-145927    L. Paul Trask, Jr. Individually, as a Citizen, Resident, Taxpayer and Registered Elector of the State of South Carolina, and on behalf of others similarly situated, Appellant, v. South Carolina Department of Public Safety;Beaufort County; Beaufort County management Information Systems;Beaufort County Coroner Curtis Copeland in his official capacity;Beaufort County Sheriff P.J. Tanner in his official capacity, Respondents.

Stephen Peterson Groves, Sr., Thomas S. Tisdale, Jr., and Jeffrey S. Tibbals, all of Nexsen Pruet, LLC, of Charleston, for Appellant. Andrew F. Lindemann and William H. Davidson, II, of Davidson & Lindemann, PA, of Columbia, for Respondent South Carolina Department of Public Safety. Jason Franklin Ward, Robert W. Achurch, III, and Mary Bass Lohr, of Howell Gibson & Hughes, PA, of Beaufort, for Respondents Beaufort County and others.

L. Paul Trask, Jr. appeals the circuit court's grant of summary judgment in favor of all respondents, arguing he produced at least a scintilla of evidence the respondents violated the Freedom of Information Act and South Carolina Public Records Act by failing to preserve or produce records relating to a one-car traffic accident in which his son was killed.

 
Wednesday, October 3, 2012
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2009-116988    The State, Respondent, v. Christopher M. Stephens, Appellant.

Chief Deputy Appellate Defender Robert Michael Dudek, of South Carolina Indigent Defense, of Columbia, for Appellant. Senior Assistant Deputy Attorney General Salley W. Elliott and Senior Assistant Attorney General W. Edgar Salter, III, both of Columbia, for Respondent.

Appellants Jimmy Lee Sessions and Christopher Stephens were convicted in a joint trial on indictments charging Sessions with murder, first-degree burglary, and armed robbery and Stephens with various counts of accomplice liability. Sessions argues on appeal that the trial court erred in admitting certain physical evidence for which the chain of custody was insufficiently established and in allowing testimony from a SLED agent about victimology and other related matters. In his appeal, Stephens alleges the trial court erred in admitting certain hearsay testimony and raises a similar challenge to the SLED agent's testimony.

 
10:00 a.m. (Time Limits: 10-10-5)
2009-116987    The State, Respondent, v. Jimmy Lee Sessions, Appellant.

Assistant Appellant Defender LaNelle Cantey DuRant, of Columbia, for Appellant. Senior Assistant Attorney General W. Edgar Salter, III of Columbia, for Respondent.

Appellants Jimmy Lee Sessions and Christopher Stephens were convicted in a joint trial on indictments charging Sessions with murder, first-degree burglary, and armed robbery and Stephens with various counts of accomplice liability. Sessions argues on appeal that the trial court erred in admitting certain physical evidence for which the chain of custody was insufficiently established and in allowing testimony from a SLED agent about victimology and other related matters. In his appeal, Stephens alleges the trial court erred in admitting certain hearsay testimony and raises a similar challenge to the SLED agent's testimony.

 
11:20 a.m. (Time Limits: 10-10-5)
2010-175307    Crenshaw's TV and Radio Service, Inc., d/b/a Crenshaw's TV & Appliance, Respondent, v. Jocassee Partners Holdings, LLC Individually and d/b/a The Jocassee Club and Bank of Travelers Rest, Defendants, Of whom Jocassee Partners Holdings, LLC Individually and d/b/a The Jocassee Club is Appellant.

Violet Elizabeth Wright and T. S. Stern, Jr., both of Covington Patrick Hagins Stern & Lewis, P.A., of Greenville, for Appellants. James W. Logan, of Logan Jolly & Smith, LLP, of Anderson, for Respondent.

Jocassee Partners Holdings, LLC appeals the trial court's granting a summary judgment to Crenshaw's TV and Radio Service, Inc. in which the court held that Crenshaw as the prevailing party on the mechanic's lien foreclosure should be paid attorney's fees.

 
Cases to be Submitted Without Oral Argument
2010-173406 The State, Respondent, v. Crystal Turner, Appellant.

2010-162266 Colie Green, Petitioner, v. State of South Carolina, Respondent.

2010-178687 The State, Respondent, v. Trevee J. Gethers, Appellant.

2009-145086 Tyrone Kelly, Petitioner, v. State of South Carolina, Respondent.

2011-197947 Melanie Taylor, Appellant, v. Converse College, Respondent.

2011-200926 South Carolina Department of Social Services, Respondent, v. Kathy M. C., Matthew S. H., Michael E. E., Linda H., Defedants, Of Whom Matthew S. H. is the Appellant. In the Interest of a Minor under the age of 18.

2010-168508 The State, Respondent, v. Garron Norris, Appellant.

2012-206547 Neva G. Dewall, South Carolina Department of Social Services, Respondents, v. Phillip Hicks, Appellant.

2010-163666 Jesse Gallerani, Petitioner, v. State of South Carolina, Respondent.

2010-180826 The State, Respondent, v. Donnie Walls, Appellant.

2010-163546 The State, Respondent, v. Christopher Rabon, Appellant.

2010-166266 The State, Respondent v. Robert Singletary, Appellant.

2010-168750 Elijah Green, Petitioner, v. State of South Carolina, Respondent.

2010-151910 Bobby O. Rice, Petitioner, v. State of South Carolina, Respondent.

2010-161408 Broadus Mark Harris, Petitioner, v. State of South Carolina, Respondent.

2009-148806 Ronald Gregg, Petitioner, v. State of South Carolina, Respondent.

2010-156608 Antonio Lopez Moore, Petitioner, v. State of South Carolina, Respondent.

2010-157792 Tyson M. Collins, Petitioner, v. State of South Carolina, Respondent.

2010-173533 Andrew Fruster, Petitioner, v. State of South Carolina, Respondent.

2010-154468 Frederick J. Reaves, Petitioner, v. State of South Carolina, Respondent.

2010-181547 The State, Respondent, v. Mario Shivers, Appellant.

2011-189868 The State, Respondent v. Anthony Linton, Appellant.

2010-168967 The State, Respondent v. Steve McFarland, Appellant.

2010-169031 The State, Respondent, v. Kenneth Williams, Appellant.

2011-181926 The State, Respondent, v. Walter Lee Harris, Appellant.

2011-182646 The State, Respondent, v. Joseph Lathan Kelly, Appellant.

2009-148966 The State, Respondent, v. Lou Ann Robinson, Appellant.

2011-195507 Andrea Beth Campbell, Appellant, v. Ronnie A. Brockway, M.D., and Oconee OB/GYN /Assoc., PA, Respondents.

2011-201547 NAFH National Bank, Respondent, v. Tower Homes, Inc.; Nathan Seppala a/k/a Nathan P. Seppala; Matthew G. Seppala a/k/a Matthew Seppala; Total Comfort Installations, LLC a/k/a Total Comfort Installations; Blue Tarp Financial, Inc. d/b/a Protrade Credit; CEMEX Construction Materials LP; Stock Building Supply, LLC f/k/a Stock Building Supply, Inc.; Central Mutual Insurance; Imperial Systems, Inc. a/k/a Imperial Systems Inc. a/k/a Imperial Systems Inc; The Peoples National Bank; The Greenville News; Air Systems, Inc.; HD Supply Plumbing/HVAC, Ltd.; Greer Flooring Center, Inc.; MTP Nursery, LLC d/b/a MTP Nursery and Landscaping; 84 Lumber Company; Sears Commercial d/b/a Sears Holdings, Inc.; Thomas Concrete of South Carolina, Inc. d/b/a Thomas Concrete of South Carolina Inc; Bradco Supply Corporation; and Israel Romero, Defendants, Of whom Israel Romero is the Appellant.

2011-197294 R&R Landscape & Design LLC f/k/a R&R Landscaping Inc. and Mark Gonzalez, Respondents, v. The Broadband Companies LLC., Infinity Resources Services Inc. a/k/a IRS Inc., Fred Anthony, Charles Daniels, Donald T. Reynolds, Donna Marie Seltzer, Curtis B. Anthony, and Neil Bailey, Individually, Defendants, Of Whom, The Broadband Companies LLC., Infinity Resources Services Inc, Fred Anthony, Donald Reynolds, Donna Marie Seltzer, Curtis B. Anthony, and Neil Bailey are the Appellants.

2011-203408 Lyman R. Rea, Marc Rea, Melissa Rea, William Rea and Millicent Lindauer, Plaintiffs, Of whom Lyman R. Rea is Appellant, v. WYFF-TV 4, Greenville News, Greenville County Detention Center and NBC Nightly News with Brian Williams, Respondents.

2011-193448 The State, Respondent, v. Eric Eugene Douglas, Appellant.

2011-202531 The State, Respondent v. Tammy Pond, Appellant.

2011-202728 The State, Respondent, v. Joshua Aaron Balkind, Appellant.

2010-168748 Ibrahim Hameen, Petitioner, v. State of South Carolina, Respondent.

2010-169035 Anne L. Gordon, Petitioner, v. State of South Carolina, Respondent.

2010-153652 Alvin K. Brown, Jr., Petitioner, v. State of South Carolina, Respondent.

2010-151176 Gregory Mouzon, Petitioner, v. State of South Carolina, Respondent.

2011-182946 The State, Respondent, v. Danny Ryant, Appellant.

2010-175787 The State, Respondent v. Joseph Paugh, Appellant.

2009-148286 The State, Respondent, v. Jamel Dwayne Good, Appellant.

2012-208766 Rest Assured, LLC, Appellant, v. South Carolina Department of Employment and Workforce, Respondent.

2011-190426 Herbert Cunningham, Respondent, v. Kimura, Inc., Employer, and Tokio Marine,Carrier, Appellants.

2011-187786 Larry Koon, Appellant, v. Gary Morgan, Magistrate, Respondent.

2010-162267 Theodore Davis, Petitioner, v. State of South Carolina, Respondent.

2010-170906 John Carmen Mandujano, Petitioner, v. State of South Carolina, Respondent.

2010-178526 City of Columbia, Respondent, v. Jennifer Gardner, Appellant.

2011-195986 Robert Reeves, Appellant, v. Tia Myers, Respondent.

2010-160013 John Henry, Petitioner, v. State of South Carolina, Respondent.

2010-175766 The State, Respondent v. Scott Parker, Appellant.

2011-205106 Billy Cartrette, 122434, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent.

2011-201526 Kathy Smith, Appellant, v. Joseph H. Moore, Respondent.

2010-163375 Thomas P. Lancour, Petitioner, v. State of South Carolina, Respondent.

2010-166467 Brenda R. Babb, Appellant, v. The Estate of Charles L. Watson, and Eleanor G. Watson, and Pamela Watson Fehlig, as personal representatives of the Estate of Charles L. Watson, and CLW Investments, Inc., d/b/a Salt Marsh Cove, and Wilbur M. McLamb, individually, Respondents.

2009-143627 David C. Heupel, Petitioner, v. State of South Carolina, Respondent.

2010-172886 The State, Respondent, v. Cordaro Cunningham, Appellant.

2010-161727 The State, Respondent v. Anthony Lockhart, Appellant.

2011-187066 Charles Griggs, Appeallant, v. Ashleytowne Recreational Development, Inc., Respondent.

2010-150449 Marcellous O. Knuckles, Petitioner, v. State of South Carolina, Respondent.

2010-154483 Sammy B. Kinlock, Petitioner, v. State of South Carolina, Respondent.

2010-169668 The State, Respondent, v. Robert Lee Johnson, Appellant.

2011-181986 The State, Respondent, v. Chrisitan Coleman, Appellant.

2011-182146 The State, Respondent, v. Marion J. Bonds, Appellant.

2009-115986 The State, Respondent, v. Richard Vernon Deas, Appellant.

2011-185188 The State, Respondent, v. Kendrick Dennis, Appellant.