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Court of Appeals - Roster of Cases for Hearing

November 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 29, 2012
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-198006    Kellie N. Burnette, Appellant, v. City of Greenville and Hewitt Coleman & Associates, Respondents.

Douglas A. Churdar, of Greenville, for Appellant. Michael Allen Farry and David Alan Wilson, of Greenville, for Respondents.

Kellie N. Burnette appeals the circuit court's order affirming the decision of the Appellate Panel of the Worker's Compensation Commission. Burnette argues the circuit court erred in affirming because the evidence in the record does not support the Single Commissioner's findings that (1) Burnette did not injure her low back in her June 2007 accident, (2) Burnette is not permanently and totally disabled, and (3) Burnette's testimony was not credible.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-198089    Robert M. Dumit, Respondent, v. Daniel R. Holtzman and David Williams, Defendants, Of Whom Daniel R. Holtzman is the, Appellant.

James Calhoun Pruitt, Jr., of Pruitt & Pruitt of Anderson, for Appellant. David Alan Wilson of Greenville for Respondent.

Holtzman appeals the trial court's finding that Dumit was entitled to contribution. On appeal, Holtzman argues the trial court erred in finding Dumit was entitled to contribution as a matter of equity and fairness based on the parties' relationship being governed by the LLC's operating agreement and the South Carolina Uniform Limited Liability Company Act of 1996.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-197246    Benjamin Fortner, Claimant, v. Thomas M. Evans Construction and Development, LLC, Employer,and Thomas Evans Custom Building and Renovations, Inc., Employer,and South Carolina Workers' Compensation Uninsured Employers' Fund,and SUA Insurance Company, Inc., Carrier, Defendants, Of Whom Benjamin Fortner and Thomas M. Evans Construction and Development, LLC, and Thomas Evans Custom Building and Renovations, Inc., Employers, and South Carolina Worker's Compensation Uninsured Employers' Fund, are the Respondents, and SUA Insurance Company, is the Appellant.

Edwin Pruitt Martin, Jr. of Hedrick Gardner Kincheloe & Garofalo, LLP, of Columbia, for Appellant. Timothy Blair Killen of Columbia SC for Respondent SC Workers's Compensation Uninsured Employers' Fund. Frank R. Warder, Jr. and Kathryn Rose Fiehrer, both of Wood & Warder, LLC, of Charleston, for Respondent Thomas M. Evans Construction & Development LLC. R. Mark Davis of McAngus Goudelock & Courie, LLC, of Mt. Pleasant, for Respondent Thomas M. Evans Construction & Development LLC. John Steven Rodenberg of Rodenberg Callihan Davis Lohr & Syracuse, LLC, of North Charleston,for Respondent Benjamin Fortner, III.

In this appeal from the Workers' Compensation Commission (Full Commission), SUA Insurance Company (SUA) contends the full commission erred in finding that Benjamin Fortner, III, was a statutory employee of Thomas M. Evans Construction & Development, LLC (Evans Construction) at the time of Fortner's April 19, 2010 injury.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-199988    Terry Scott Swilling, Employee/Claimant, Respondent, v. Pride Masonry of Gaffney, Employer, and, Central Mutual Insurance Company, Carrier, Appellants.

Duke K. McCall, Jr., of Smith Moore Leatherwood, LLP of Greenville, for Appellants. Michael F. Mullinax of Anderson for Respondent. V. Laniel Chapman of Chapman Byrholdt & Yon, LLP, of Anderson, for Respondent.

Terry Scott Swilling, Employee/Claimant, filed this workers' compensation action against Pride Masonry of Gaffney, Employer, and Central Mutual Insurance Company, Carrier (Pride). Pride appeals, arguing error in: (1) the calculation of Swilling's average weekly wage; (2) the finding of permanent and total disability; (3) the finding that an injury to Swilling's leg was proximately caused by his work-related injury; and (4) the award of a lump sum payment.

 
12:40 p.m. (Time Limits: 10-10-5)
2011-185606    The State, Respondent, v. Thomas Gilliland, Appellant.

Assistant Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General Julie Kate Keeney, of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent,

Thomas E. Gilliland appeals his convictions for violating an order of protection and first-degree burglary. He argues the trial court erred in declining to direct a verdict of acquittal on the first-degree burglary charge. He further argues that if the trial court did not err in declining to direct a verdict, it erred by refusing to give a jury charge on trespass as a lesser included offense of burglary.

 
Tuesday, October 30, 2012
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2010-157546    The State, Respondent, v. Norman Stoudenmire, Appellant.

Chief Appellate Defender Robert Michael Dudek and Assistant Appellate Defender David Alexander, both 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 Senior Assistant Attorney General Melody Jane Brown, all of Columbia, for Respondent. Solicitor Barry Joe Barnette of Spartanburg for Respondent.

In this appeal from a murder conviction, Norman Stoudenmire argues the trial court erred in holding his oral and written statements to police while in custody were freely and voluntarily given and argues that police intentionally kept his attorney from seeing him during the interrogation.

 
10:40 a.m. (Time Limits: 10-10-5)
2010-171626    The State, Respondent, v. Devon F. Frazier, Appellant.

Assistant Appellate Defender Breen Richard Stevens of Columbia for Appellant. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Alphonso Simon, Jr., all of Columbia. for Respondent. Solicitor Douglas A. Barfield, Jr. of Lancaster for Respondent.

Devone F. Frazier appeals his convictions for murder and possession of a knife or firearm during the commission of a violent crime. He argues the trial court committed reversible error in declining to give a self-defense charge, voluntary manslaughter charge, and castle doctrine charge. He further contends the court committed reversible error in charging the jury that malice may be inferred from the use of a deadly weapon.

 
11:20 a.m. (Time Limits: 10-10-5)
2010-150386    Sun Trust Mortgage, Inc., Respondent, v. Mark Ostendorff, Appellant.

Mark Ostendorff, pro se, for Appellant. Brian Steed Tatum, of Charlotte, North Carolina, for Respondent.

In this mortgage foreclosure action, Appellant Mark Ostendorff seeks review of the circuit court's order granting summary judgment to Respondent SunTrust Mortgage, Inc. on Ostendorff's counterclaim for breach of contract. Ostendorff argues that the circuit court should have denied summary judgment because SunTrust did not show the absence of a genuine issue of material fact.

 
12:00 p.m. (Time Limits: 10-10-5)
2010-169766    Peter W. Justini and Linda J. Justini, Appellants, v. Berkeley Hall Club, Inc., John P. Reed, Individually, Director and Developer of Berkeley Hall Club, Inc., Tammy Duryea, Former Controller of Berkeley Hall Club, Inc., Jerome J. Selkhe, Former General Manager of Berkeley Hall Club, Inc., Respondents.

Peter and Linda Justini, of Hilton Head Island, pro se for Appellants. Terry A. Finger of Finger & Fraser, PA, of Hilton Head Island, for Respondents Berkeley Hall Club, Inc., T. Duryea, and J. Selkhe. Keating L. Simons, III, of Simons & Dean, of Charleston, for Respondent John P. Reed.

Peter W. Justini and Linda J. Justini appeal the order of the master-in-equity dismissing their complaint with prejudice.

 
Wednesday, October 31, 2012
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-195270    Shenandoah Life Insurance Company, Respondent, v. Lakeisha E. Smallwood, Appellant.

Eleanor Duffy Cleary of Law Office of Eleanor Duffy Cleary, of Columbia, and D. Reece Williams, III of Callison Tighe & Robinson, LLC, of Columbia, for Appellant. George Verner Hanna, IV of Howser Newman & Besley, LLC, of Columbia, for Respondent.

In this insurance coverage case, Lakeisha Smallwood appeals the circuit court's order granting Shenandoah Life insurance Company's motion for a directed verdict on the issue of whether Shenandoah proved that the insured's false statements about his illegal drug use on a life insurance application were made with the intent to deceive and defraud the company.

 
10:40 a.m. (Time Limits: 10-10-5)
2010-176387    Raymond Eugene King, Jr., Appellant, v. Patricia Ann Lowe King, Respondent.

Jack W. Lawrence of Lawrence & Rudasill, PA, of Spartanburg, for Appellant. N. Douglas Brannon of Turnipseed & Brannon Law Firm, of Spartanburg, and John S. Nichols of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Respondent.

In this alimony modification appeal, Ray King appeals the final order of the family court for (1) failing to reduce his alimony obligation retroactive to the date of filing of the complaint, and (2) awarding retroative alimony to Patricia King in the amount of $26,004 on the basis that the findings of fact were not supported by the preponderance of the evidence.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-191627    Wells Fargo Bank, N.A, Respondent, v. Kathleen M. Coffaro; First Federal Savings and Loan Association of Charleston; and Brickyard Plantation Property Owners Association, Inc., Defendants, Of whom Kathleen M. Coffaro is the Appellant.

Mary Leigh Arnold of Mary Leigh Arnold, PA, of Mt. Pleasant, for Appellant. Thomas E. Lydon of McAngus Goudelock & Courie, LLC, of Columbia, for Respondent.

In this mortgage foreclosure action, Kathleen Coffaro argues the master-in-equity erred in denying her motion to vacate the foreclosure order and enjoin further foreclosure sale proceedings, and in denying her motion to reconsider.

 
Thursday, November 1, 2012
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-203547    Charleston County Assessor, Appellant, v. LMP Properties, Inc., Respondent.

Bernard E. Ferrara, Jr. of North Charleston, for Appellant. Bradley Allen Mitchell of North Charleston for Appellant. Joseph Dawson, III, of Charleston, for Appellant. Austin Adams Bruner, of North Charleston, for Appellant. Stanley Clarence Rodgers of Law Office of Stanley C. Rodgers, LLC, of Charleston, for Respondent.

In this appeal from the administrative law court (ALC), the Charleston County Assessor (the Assessor) challenges the valuation placed on certain condominium units by the Charleston County Board of Assessment Appeals. In addition, the Assessor claims LMP Properties, Inc. (LMP) is barred from arguing the applicability of Lindsey v. Tamsburg et al., 302 S.C. 504, 397 S.E.2d 95 (1990), on appeal because LMP failed to appeal the ALC's final order that declined to address the applicability of the Tamsburg case.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-196966    Empire Fire and Marine Insurance Company, Appellants, v. RB Recovery and Retail, LLC, also known as RB Recovery & Bail Bond Agency, LLC, George R. Peterson and Suzanne B. Peterson, Respondents.

Clarke W. McCants, III, of Nance, McCants & Massey, of Aiken, for Appellant. James Martin Harvey, Jr., of Harvey & Kulmala, of Barnwell, for Respondents.

In this insurance coverage dispute, Empire Fire and Marine Insurance Co. argues the circuit court erred in holding that the insurance policy it issued to R.B. Recovery and Retail, LLC provided underinsured motorists coverage for injuries one of RB Recovery's members sustained while driving a respossessed tractor.

 
11:20 a.m. (Time Limits: 10-10-5)
2010-173826    Plantation Federal Bank as successor in interest to First Savers Bank, Respondent, v. Peggy B. Gray and Waterford Ridge Owners Association, Inc., Defendants, Of whom, Peggy B. Gray is the Appellant.

Charles R. Griffin, Jr., of Anderson, for Appellant. Bradley Keith Richardson of Bradley K. Richardson, P.C., of Anderson, for Respondent.

Peggy Gray appeals the master-in-equity's decision to permit Plantation Federal Bank to proceed with its foreclosure action against Gray. Gray asserts her counterclaims against Plantation Federal Bank are compulsory and legal in nature; thus, she is entitled to a jury trial on those claims prior to the commencement of the foreclosure proceedings.

 
12:00 p.m. (Time Limits: 10-10-5)
2010-173846    Plantation Federal Bank as successor in interest to First Savers Bank, Respondent, v. J. Charles Gray and Waterford Ridge Owners Association, Inc., Defendants, Of whom, J. Charles Gray is the Appellant.

Charles R. Griffin, Jr., of Anderson, for Appellant. Bradley Keith Richardson of Bradley K. Richardson, P.C., of Anderson, for Respondent.

J. Charles Gray appeals the master-in-equity's decision to permit Plantation Federal Bank to proceed with its foreclosure action against Gray. Gray asserts his counterclaims against Plantation Federal Bank are compulsory and legal in nature; thus, he is entitled to a jury trial on those claims prior to the commencement of the foreclosure proceedings.

 
Tuesday, November 13, 2012
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-196890    Krystal Chisolm, Appellant, v. South Carolina Department of Motor Vehicles, Respondent.

C. Rauch Wise of Greenwood for Appellant. Frank L. Valenta, Jr., Philip S. Porter, and Linda Annette Grice, all of Blythewood for Respondent.

Appellant Krystal Chisolm appeals the suspension of her driver's license after she refused to take a breath alcohol test, arguing the Administrative Law Court (ALC) erred in interpreting the term "refusal" in section 56-5-2951 of the South Carolina Code (Supp. 2011).

 
10:40 a.m. (Time Limits: 10-10-5)
2010-173647    James Martin and Dorothy Martin, Appellants, v. Norfolk Corporation and Norfolk Southern Railway Company, Mike Ford, Benjamin Aiken and James Thornton, Defendants, Of Which Norfolk Southern Coporation and Norfolk Southern Railway Company are the, Respondents.

Stephen Peterson Groves, Sr. and Paul A. Dominick, both of Nexsen Pruet, LLC, of Charleston, for Appellants. Ronald K. Wray, II, and James D. Brice of Gallivan White & Boyd, PA, of Greenville, for Respondents. Laura Gaillard Simons of Clawson & Staubes, LLC, of Daniel Island, SC for Respondents.

This appeal arises from a negligence action to recover damages alleged from a train derailment accident. On appeal, Appellant James Marin argues the trial court erred in granting summary judgment.

 
11:20 a.m. (Time Limits: 10-10-5)
2010-173687    Stella Woodward, Appellant, v. Norfolk Southern Corporation and Norfolk Southern Railway Company, Mike Ford, Benjamin Aiken, and James Thornton, Defendants, Of Which Norfolk Southern Corporation and Norfolk Southern Railway Company are the, Respondents.

Stephen Peterson Groves, Sr. and Paul A. Dominick, both of Nexsen Pruet, LLC, of Charleston, for Appellant. Frances Groberg Zacher, Stephanie G. Flynn and Ronald K. Wray, II, all of Gallivan White & Boyd, PA, of Greenville, for Respondents.

This appeal arises from a negligence action to recover damages alleged from a train derailment accident. On appeal, Appellant Stella Woodward argues the trial court erred in granting summary judgment.

 
Wednesday, November 14, 2012
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-205406    South Carolina Department of Social Services, Respondent, v. Jennifer M. and Venus A., Defendants, Of whom Jennifer M. is the Appellant, In the interest of a minor under the age of 18.

Katherine Carruth Goode of Winnnsboro for Appellant. Calvin Leon Goodwin of Winnsboro for Respondent. Shannon Lee Felder of Solomon Law Group, LLC, of Columbia, for Guardian Ad Litem.

From an order of the family court, Mother appeals the court's findings that she abused and neglected her child and that she should be entered into the Central Registry of Child Abuse and Neglect. Mother asserts the preponderance of evidence does not support the court's findings because the alleged abuse and neglect was based on conduct of mother prior to the birth of her child, when Mother did not know she was pregnant. Mother further contends the family court erroneously admitted hearsay testimony concerning alleged drug test results, as well as erroneously admitted the results of alleged drug tests without a proper foundation.

 
10:40 a.m. (Time Limits: 10-10-5)
2010-176306    General Air Conditioning Services Corporation, Respondent, v. B & B Development of Anderson, LLC; J A Bell Construction (a/k/a J.A. Bell Construction, LLC; a/k/a Porter-Bell Construction, LLC; a/k/a Porter Bell Construction), Defendants, Of Whom B & B Development of Anderson, LLC is the Appellant.

Brian C. Gambrell of McCabe, Trotter, Gambrell and Beverly, PC, of Columbia, for Appellants. Donald Ryan McCabe, Jr., and Stephanie Carol Trotter, both of Rogers Townsend & Thomas, PC, of Columbia, for Appellants. Chace Damon Campbell of Chace Campbell, PA, of Greenville, for Respondent.

This appeal arises from an action filed by Respondent General Air Conditioning Services Corporation to enforce a mechanic's lien and collect money claimed for services performed on HVAC units on property owned by Appellant B&B Development of Anderson, LLC. After some discovery, General Air successfully moved for summary judgment. B&B appeals, arguing it had presented evidence that General Air provided defective work and materials and caused damage to the roof of its building.

 
11:20 a.m. (Time Limits: 10-10-5)
2010-161986    Gregory M. Gottschlich and Donald L. McNeil, Appellants, v. Strimpfel Custom Homes, Inc.; Joseph A. Reeve; Jerry L. Richardson; Coastal Surveying, Co., Inc.; Thomas N. Dye; Jan H. Dye; Ken Oliver; The Byrne Corporation d/b/a Dunes Marketing Group; Laurich & Deeb, P.A.; Robert M. Deeb, Jr. and Charles H. Wiseman, Defendants, Of whom Ken Oliver, The Byrne Corporation d/b/a Dunes Marketing Group, Laurich & Deeb, P.A., Robert M. Deeb, Jr. and Gharles H. Wiseman are the, Respondents.



In this action for negligent misrepresentation, Appellants, Gregory Gottschlich and Donald McNeil, seek review of an order of the Master-in-Equity granting summary judgment against them on all of their legal claims. Appellants challenge the master's conclusion that their legal claims were barred due to the expiration of the statute of limitations, S.C. Code Ann. ยง 15-3-530.

 
12:00 p.m. (Time Limits: 10-10-5)
2012-205607    Dominic Vaughn, Appellant, v. South Carolina Department of Transportation, Respondent.

Dwight Christopher Moore of Moore Law Firm, LLC, of Sumter, for Appellant. Daniel R Settana, Jr. and Temus C. Miles, Jr., both of McKay Cauthen Settana & Stubley, PA, of Columbia, for Respondent.

After suffering injuries in a car wreck, Dominic Vaughn sued the South Carolina Department of Transportation (SCDOT) under the South Carolina Tort Claims Act. On appeal, Vaughn argues the circuit court erred in granting SCDOT's motion for summary judgment.

 
12:40 p.m. (Time Limits: 10-10-5)
2011-194209    Michael Cunningham, Appellant, v. Anderson County, Respondent.

Brian Patrick Murphy of Brian Murphy Law Firm, PC, of Greenville, for Appellant. John S. Nichols and Blake Alexander Hewitt, both of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Appellant. William W. Wilkins and Kirsten Elena Small, both of Nexsen Pruet, LLC, of Greenville, for Respondent. Ray E. Jones and Michael Enrico Kozlarek, both of Parker Poe Adams & Bernstein, LLP, of Columbia, for Amicus Curiae South Carolina City and County Management Association.

In this wrongful termination action, Appellant Michael Cunningham seeks review of the circuit court's order granting summary judgment to Respondent Anderson County. Cunningham assigns error to the circuit court's conclusion that Cunningham's employment contract was void and unenforceable. Cunningham also challenges the circuit court's conclusion that Cunningham may not claim protection under the public policy exception to the at-will employment doctrine.

 
Wednesday, November 28, 2012
Court Room I
2:00 p.m. (Time Limits: 10-5-5-5-5)
2010-176987    In Re: Claudia Mack, Appellant, v. Charleston County Department of Social Services, Jessica L. Bradley, Patrick Blaine Shockley, Carrie Shockley and Patrick Shockley, Respondents. In the interest of a minor under the age of eighteen (18) years.

John D. Elliott, of Law Offices of John D. Elliott, of Columbia, for Appellant. John Fulton Knobeloch, of King & Knobeloch, PC, of Mt. Pleasant, for Respondents Carrie Shockley & Patrick Shockley. Rose-Marie Theis Carlisle of Nelson Mullins Riley & Scarborough, LLP, of Columbia, and Newman Jackson Smith of Nelson Mullins Riley & Scarborough, LLP, of Charleston, for Respondent Patrick Blaine Shockley. John Corbitt Hinson, III, of Rock Hill, for Respondent CCDSS. Sean Fredrick Keefer of Sean F. Keefer, LLC, of Charleston, for Respondent Jessica Bradley. Joshua Keith Roten, of Charleston, for Guardian Ad Litem Rachel Fitzpatrick.

 
Thursday, November 29, 2012
Court Room I
10:00 a.m. (Time Limits: 10-10-15-5-5)
2009-143752    The State, Respondent, v. Leo David Lemire, Appellant.

Leland B. Greeley, of Leland B. Greeley, PA, of Rock Hill, for Appellant. Senior Assistant Deputy Attorney General Deborah R.J. Shupe, of Columbia, for Respondent.

Leo David Lemire appeals his convictions on charges of lynching, conspiracy, and presenting and pointing a firearm, arguing (1) the trial judge erred in submitting his entire charge to the jury in written form, (2) the trial judge should have directed a verdict on the lynching and conspiracy charges, (3) the trial judge erred in instructing the jury that it could infer that all persons present as members of a mob when an act of violence is committed are guilty as principals.

 
10:00 a.m. (Time Limits: 10-10-15-5-5)
2009-144086    The State, Respondent, v. Francis Larmand, Appellant.

John Dunlap Rhea, of Fairview, NC and C. Rauch Wise, of Greenwood, for Appellant. Senior Assistant Deputy Attorney General Deborah R.J. Shupe, of Columbia, for Respondent.

Francis Larmand appeals his convictions for second-degree lynching, conspiracy, and pointing and presenting a firearm, arguing the trial court erred in (1) submitting his written charge to the jury; (2) failing to direct a verdict on the charge of lynching when the State failed to prove either defendant committed an act of violence upon Ryan Lochbaum or a premeditated intent to commit an act of violence upon another person; (3) failing to direct a verdict on the charge of conspiracy when the State failed to prove any facts that would reasonably support an agreement between himself and Leo Lemire to inflict an act of violence upon Lochbaum; (4) failing to direct a verdict on the charge of pointing and presenting a firearm when the State failed to prove a conspiracy between Larmand and Lemire or present any evidence sufficient to convict Larmand for pointing and presenting a firearm; and (5) charging the jury they may infer that all persons who were present as members of a mob when an act of violence was committed are guilty as principals.

 
Tuesday, October 30, 2012
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2011-194827    Maria T. Curiel and Martin L. Curiel, Respondents, v. Hampton County E.M.S., Appellant.

Marshall H. Waldron, Jr., and Matthew David Cavender, both of Griffith Sadler & Sharp, PA, of Beaufort, for Appellant. John S. Nichols of Bluestein Nichols Thompson & Delgado, LLC, of Columbia, for Respondents. H. Woodrow Gooding and Mark Brandon Tinsley, both of Gooding & Gooding, PA, of Allendale, for Respondents.

Hampton County Emergency Medical Services (EMS) appeals the trial court's granting of summary judgment in favor of Maria and Martin Curiel. On appeal, EMS argues the trial court erred in precluding it from asserting the affirmative defense that it is a governmental entity and as such is entitled to immunity from liability pursuant to the Torts Claims Act.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-202887    Ammie McNeil, Appellant, v. South Carolina Department of Corrections and Jon E. Ozmint, Robert Ward and Bernard McKie in their individual capacities, Defendants, Of whom South Carolina Department of Corrections is Respondent.

J. Lewis Cromer and Julius Wistar Babb, IV, both of J. Lewis Cromer & Associates, LLC, of Columbia, for Appellant. Steven Michael Pruitt of McDonald Patrick Poston Hemphill & Roper, LLC, of Greenwood, for Respondent.

Ammie McNeil appeals from the trial court's order granting the South Carolina Department of Corrections' (SCDC) motion to dismiss McNeil's claims for due process violations, public policy discharge, defamation, negligence, and gross negligence. McNeil argues the court erred in finding (1) she failed to state a claim for public policy discharge on the face of the complaint because she pled she was terminated after complaining about institutional safety violations and testifying after being subpoenaed in a civil trial; (2) her defamation claim against SCDC could not go forward because she pled SCDC made and published statements that insinuated she was unfit in her business and profession; and (3) her cause of action for violations of due process against SCDC could not go forward because SCDC investigated the death of an inmate three years prior to her termination and during those three years did not give her any indication that her job was in jeopardy.

 
11:20 a.m. (Time Limits: 10-10-5)
2010-163726    Jenean Trammell Gibson, as Personal Representative for the Estate of James E. Gibson, III, Appellant, v. Christopher C. Wright, M.D., Respondent.

Charles J. Hodge of Hodge Law, PC, of Spartanburg, and Timothy Ryan Langley, of Hodge & Langley Law Firm, PC, of Spartanburg, for Appellant. Andrew F. Lindemann of Davidson & Lindemann, PA, of Columbia, and Howard W. Paschal, Jr., of Greenville, for Respondent.

In this medical malpractice action, James E. Gibson, III appeals the trial court's (1) admission of a summary as evidence, (2) failure to grant a mistrial after Christopher Wright, M.D. asked about Gibson's social security benefits, and (3) excluding as hearsay Gibson's questions to Wright about an expert's deposition.

 
Wednesday, October 31, 2012
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2009-143732    Karen Wise Ferguson, Appellant, v. Bruce Linton Ferguson, Defendant.

J. Falkner Wilkes of Greenville for Appellant. Kenneth C. Porter of Porter & Rosenfeld of Greenville for Respondent.

Karen Wise Ferguson appeals a divorce decree, arguing (1) the family court erred in failing to award her sufficient permanent periodic alimony and (2) certain property that Respondent Bruce Linton Ferguson either inherited or purchased with inherited funds had been transmuted into marital property and therefore should have been included in the marital estate.

 
10:40 a.m. (Time Limits: 10-10-5)
2010-163966    Wesley E. Snipes, Appellant, v. Crystal M. Charles a/k/a Crystal M. Snipes, Respondent.

John Martin Foster, of Rock Hill, for Appellant. Thomas Franklin McDow, IV of Law Office of Thomas F. McDow and Lucy L. McDow, both of Rock Hill, for Respondent.

Wesley E. Snipes appeals the order of the family court setting child support, determining Snipes's child support arrearage, and holding past due attorney's fees were not discharged by Snipes's bankruptcy.

 
11:20 a.m. (Time Limits: 10-10-5)
2010-162946    The State, Respondent, v. Mario Tynes, Appellant.

Tommy Arthur Thomas, of Irmo, for Appellant. Assistant Attorney General Christina J. Catoe, of Columbia, for Respondent.

Mario Tynes appeals his convictions for burglary, armed robbery, possession of marijuana with intent to distribute, and unlawful carrying of a pistol, arguing (1) the trial court should have suppressed certain evidence based on the lack of probable cause, (2) the trial court should have allowed testimony that a co-defendant's agreement to cooperate with the State included the threat of polygraph testing if the co-defendant reneged, and (3) the trial court erred in denying his request to prevent the DNA expert from testifying that he could not be excluded as a contributor of the DNA found on a gun recovered from the car in which he was riding when he was apprehended.

 
Tuesday, November 13, 2012
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2011-189347    J. Mars Sapp, Respondent, v. Will D. Wheeler, P.I. Leasing & Management, Inc., Winston Kenneth Altman, II, and JDBD, LLC, Defendants, Of whom, Will D. Wheeler is the Appellant.

James Mixon Griffin of Lewis Babcock & Griffin, LLP, of Columbia, for Appellant. Thomas Whatley Bunch, II of Robinson McFadden & Moore, PC, of Columbia, for Respondent.

In this action brought by J. Mars Sapp to collect rent obligations, Will Wheeler appeals from a verdict against him for $252,798, arguing the trial court erred in (1) denying his motion for directed verdict on the claim for future damages because there was no evidence the reasonable rental value at the time of termination was less than the reserved rent under the lease; (2) refusing to grant his motion for directed verdict because Sapp failed to bring an action to enforce the guarantee against Wheeler within three years after P.I. Leasing and Southern Resort Properties, Inc. ceased making rent payments; (3) denying his request for a jury charge on the three year statute of limitations for a breach of contract action; (4) denying his motion for a new trial because the verdict was irreconcilably inconsistent and excessive; and (5) denying his motion for a new trial under the thirteenth juror doctrine because the verdict was inconsistent, reflected jury confusion, and was excessive.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-198446    Patricia Rhodes Johnson, Appellant, v. Robert E. Lee Academy, Inc., Jennifer Hostetler, Marc Quigley, Moore, Beauston & Woodham, LLP, Moore, Kirkland & Beauston, LLP and City of Bishopville, Defendants, Of Whom Moore, Beauston & Woodham, LLP is the, Respondent.

Ray E. Chandler of Coffey, Chandler, Kent & McKenzie, P.A., of Manning. for Appellant. J. Edward Bell, III and James Bernice Moore, III of Bell Legal Group, of Georgetown, for Appellant. Mason A. Summers, Anthony E. Rebollo, and Francis Marion Mack, all of Richardson Plowden & Robinson, PA, of Columbia, for Respondent.

Patricia Johnson appeals the circuit court's grant of summary judgment in favor of Moore, Beauston & Woodham, LLP (MBW) in this negligence action. Johnson argues the circuit court erred in finding MBW, an accounting firm retained by Johnson's former employer, owed no duty of care to her as a third party.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-196049    Independence National Bank, Respondent, v. Buncombe Professional Park, LLC, and David DeCarlis, s/a David D. DeCarlis, Appellants.

Mary Leigh Arnold of Mary Leigh Arnold, PA, of Mt. Pleasant, for Appellants. Martin Kyle Thompson of Clawson & Staubes, LLC, of Greenville, for Respondent.

Buncombe Professional Park, LLC (Buncombe) and David DeCarlis (collectively Appellants) appeal the Master-In-Equity's (Master) reformation of Independence National Bank's (Independence) mortgage for the purpose of placing it in a superior position to DeCarlis's mortgage. Appellants also appeal the Master's additional finding that under equitable subrogation, Independence had a first and superior mortgage.

 
12:00 p.m. (Time Limits: 10-10-5)
2010-169866    Louis Mack, III, Respondent, v. American Spiral Weld Pipe Co., Hartford Casualty Insurance, Appellants.

Brian Edward Sopp and and Kay Gaffney Crowe, both of Barnes Alford Stork & Johnson, LLP, of Columbia, for Appellants. Tiffany R. Spann-Wilder of The Spann-Wilder Law Firm, LLC, of North Charleston, for Respondent.

American Spiral Weld Pipe Co. and Hartford Casualty Insurance argue the circuit court erred in affirming the Workers' Compensation Commission's Appellate Panel's findings that (1) Louis Mack, III suffered a change of condition to his neck, and (2) Mack's initial filing of a Form 50 regarding his change of condition tolled the statute of limitations.

 
12:40 p.m. (Time Limits: 10-10-5)
2011-181966    The State, Respondent, v. Ralph Bernard Coleman, Appellant.

Assistant 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 Senior Assistant Attorney General Melody Jane Brown, all of Columbia, and Solicitor David Michael Pascoe, Jr., of Orangeburg, for Respondent.

Ralph B. Coleman appeals his convictions of armed robbery, burglary, and murder, challenging the trial court's denial of his severance motion, the denial of his motion to suppress an identification of him, and the denial of his motion to suppress a photograph of a rifle.

 
Cases to be Submitted Without Oral Argument
2010-178649 The State, Respondent, v. David Chavez, Appellant.

2010-161289 George Cleveland, Appellant, v. City of Seneca, Mayor Daniel Alexander, in his official capacity as Mayor for the City of Seneca, Mayor Pro Tem Ronnie O'Kelly for the City of Seneca, Respondents.

2012-205466 South Carolina Department of Social Services, Respondent, v. Elizabeth H. and Roger H., Defendants, Of Whom Roger H. is the, Appellant, In the interest of Minor children under the age of 18.

2010-179266 The State, Respondent v. James Tinsley, Appellant.

2011-202366 The State, Respondent, v. Douglas Cheatham, Appellant.

2010-168506 The State, Respondent, v. Donald Hallman, Appellant.

2010-176347 The State, Respondent, v. Kevin Burgess, Appellant.

2010-169066 George Jeffrey Phillips, Jr., Petitioner, v. State of South Carolina, Respondent.

2011-182026 The State, Respondent, v. Sherry Engle, Appellant.

2011-186106 W. Richard McClellion, III, as Personal Representative of the Estate of W. Richard McClellion, Appellant, v. Donna S. McClellion, Respondent.

2011-186606 Maurice L. Morant, #285174, Appellant, v. South Carolina Department of Corrections, Respondent.

2011-192326 The State, Respondent, v. Darrin D. Holston, Appellant.

2011-204546 South Carolina Department of Social Services, Respondent, v. Katrina J., Michael W. and John Doe, Defendants, Of Whom Michael W. is the, Appellant, In the interest of a minor under the age of eighteen (18) years.

2009-142106 The State, Respondent, v. Ben Robert Stewart, Appellant.

2011-184311 The State, Respondent, v. George Brown, Appellant.

2011-187846 The State, Respondent v. Nelson Miralda, Appellant.

2011-198046 South Carolina Department of Social Services, Respondent, v. Kimberly E., Kenneth A. W., Sr., and Joshua M., Defendants, Of whom, Kimberly E. is the Appellant. In the interets of two minor children.

2011-199987 Diane B. Sprott as Personal Representative of the Estate of Gladys Hanna Brown, Appellant, v. Brookdale Senior Living, Inc.; FEBC-ALT Investors, LLC; FEBC-ALT Holdings, Inc.; And Brookdale Senior Living Communities, Inc. d/b/a Sterling House of Sumter, Respondents.

2011-200627 James Eric Jones, Appellant, v. Wal-Mart Stores, Inc., and Wal-Mart Stores East, LP, Respondents.

2011-188566 The State, Respondent, v. Dominique K. Ivey, Jr., Appellant.

2012-212335 South Carolina Department of Social Services, Respondent, v. Dorothy M. C., Jesse C., Defendants, Of Whom Dorothy M. C. is the Appellant, In the interest of minor children under the age of 18 years.

2010-151204 William Henley, Petitioner, v. State of South Carolina, Respondent.

2011-187586 The State, Respondent, v. Stevie Lamont Aiken, Appellate.

2010-173726 The State, Respondent, v. Javier Hickson, Appellant.

2011-199969 Wells Fargo Bank, N.A., successor-in-interest to Wachovia Bank, National Association, Respondent, v. Marion Amphitheatre, LLC, David P. Gannon, Michael Guarco, Carolina Entertainment Complex, LLC and 4 Prophets, LLC a/k/a 4 Profits, LLC, Defendants, Of Whom,Marion Amphitheatre, LLC, and Michael Guarco are the, Appellants, And 4 Prophets, LLC a/k/a 4 Profits, LLC is the, Respondent.

2011-194846 Clark D. Thomas, Appellant, v. Bolus & Bolus, Attorneys Keith Bolus, officially, Michael T. Bolus, Officially and Individually, Respondents.

2011-195808 The State, Respondent, v. Louie Alvoid Chapman, Appellant.

2010-170031 Joshua Jeter, Petitioner, v. State of South Carolina, Respondent.

2010-176586 The State, Respondent, v. Anthony Quiton Brown, Appellant.

2011-182587 The State, Respondent, v. Deqing Chen, Appellant.

2010-159946 William F. Martin, Jr., Petitioner, v. State of South Carolina, Respondent.

2011-183127 Brenda Barrington III, Appellant, v. Outsourcing Solutions Inc. and The Phoenix Insurance Co., Respondents.

2011-199086 The State, Respondent v. Calvin Moore, Appellant.

2009-118666 The State, Respondent, v. Terrell Antonio Addison, Appellant.

2009-133950 Martinize D. Perry, Petitioner, v. State of South Carolina, Respondent.

2009-147126 Brian S. Gilliard, Petitioner, v. State of South Carolina, Respondent.

2011-197206 Shawneil Burgess, Appellant, v. Yolando A. Burgess, Respondent.

2011-184611 Deborah Strong, Respondent, v. Robert J. Strong, Appellant.

2011-194006 Charles R. Machado, Appellant, v. Coastal Carolina University, David A. DeCenzo, David Roper, Pat West, Rodney B. Thomason, Phillip Moore, Jilleian K. Sessions Stackhouse, Derrick O. Bratcher, Lamonica Yates, Thomas E. Mezzapelle, Joe Wilson, and Denise R. Davis, Defendants, Of whom, Coastal Carolina University, David A. DeCenzo, David Roper, Pat West, Rodney B. Thomason, Phillip Moore, Jilleian K. Sessions Stackhouse, Derrick O. Bratcher, Lamonica Yates, Thomas E. Mezzapelle and Denise R. Davis are the Respondents.

2012-212130 South Carolina Department of Social Services, Respondent, v. Melissa L., James E., Thomas Clifford J., Sr., (deceased), Wylie L., Gary E., Tricia E., Glenn M., Patricia M., Defendants, Of Whom Melissa L. is the Appellant, and Susan and Joel J. and Robert and Patricia W., Intervenors, In the intereste of Minors under the age of 18.

2010-173668 The State, Respondent, v. Artrell Hickson, Appellant.

2010-178346 The State, Respondent, v. Wayne Wells, Appellant.

2011-196669 The State, Respondent, v. Legerald F. Dunham, Appellant.

2010-169526 Johnny Thacker and Cora Thacker, Appellant, v. Aaron Sales and Leasing, Respondent.

2011-190629 The State, Respondent v. Marion Stewart, Appellant.

2011-184346 Palmetto Citizens Federal Credit Union, Respondent, v. Butch Johnson, Appellant.

2011-203727 The State, Respondent, v. Cameren Laroderick Kelley, Appellant.

2011-200486 Carlton E. Cantrell, Appellant, v. Aiken County; Aiken County Animal Control Director, Shirley Hardin; Aiken County Animal Control Officer, Bobby Arthurs; Judge Charles T. Carter, Respondents.