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Court of Appeals - Roster of Cases for Hearing

December 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.
Tuesday, December 4, 2012
Court Room I
10:15 a.m.
2012-212046    State of South Carolina, Plaintiff, v. Francisco Guerrero-Flores, Defendant.

Aimee Jendrzejewski Zmroczek of A.J.Z. Law Firm, LLC, of Columbia, for the Defendant. Jonathan D. Waller and Cary Nicholas Goings, both of Columbia, for the Plaintiff.

 
10:15 a.m.
2012-212049    State of South Carolina, Plaintiff, v. Jose Juan Garcia Robles, Defendant.

Heath Preston Taylor of Taylor Law Firm, LLC, of West Columbia, for the Defendant. Jonathan D. Waller and Cary Nicholas Goings, both of Columbia, for the Plaintiff.

 
10:15 a.m.
2012-212046    State of South Carolina, Plaintiff, v. Francisco Guerrero-Flores, Defendant.

Aimee Jendrzejewski Zmroczek of A.J.Z. Law Firm, LLC. of Columbia SC for Defendant Francisco Guerrero-Flores, Jonathan D Waller of Columbia SC for Plaintiff State of South Carolina, Cary Nicholas Goings of Columbia SC for Plaintiff State of South Carolina

 
10:15 a.m.
2012-212049    State of South Carolina, Plaintiff, v. Jose Juan Garcia Robles, Defendant.

Heath Preston Taylor of Taylor Law Firm, LLC of West Columbia SC for Defendant Jose Juan Garcia Robles, Jonathan D Waller of Columbia SC for Plaintiff State of South Carolina, Cary Nicholas Goings of Columbia SC for Plaintiff State of South Carolina

 
Monday, December 10, 2012
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2008-098668    James Robinson, Petitioner, v. State of South Carolina, Respondent.

Assistant Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General Brian T. Petrano, of Columbia, for Respondent.

James Robinson filed an application for post-conviction relief. The circuit court denied the petition, and this court granted certiorari on the issue of whether the family court erred in waiving jurisdiction and transferring his criminal case to general sessions court.

 
10:40 a.m. (Time Limits: 10-10-5)
2008-101646    Neeltec Enterprises, Inc. d/b/a Fireworks Supermarket, Appellant, v. Willard Long d/b/a Foxy's Fireworks, and d/b/a Fireworks Superstore, Respondent.

Robert J. Thomas and Robert P. Wood of Rogers Townsend & Thomas, PC, of Columbia, for Appellant. Bert Glenn Utsey, III, of Peters Murdaugh Parker Eltzroth & Detrick, PA, of Walterboro, for Respondent.

Neeltec Enterprises, Inc. d/b/a Fireworks Supermarket appeals the special referee's order substituting two corporations as defendants in its action against Willard Long d/b/a Foxy's Fireworks and d/b/a Fireworks Superstore.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-207088    Willie Lee Simmons, Employee, Appellant, v. South Carolina Strong, Employer, and Hartford Underwriters Insurance Company Carrier, Respondents.

David Dusty Rhoades, of Charleston, for Appellant. Cynthia Barrier Patterson, of Columbia, for Appellant. Kathryn Rose Fiehrer, of Wood & Warder, LLC, of Charleston, for Respondents.

Willie Lee Simmons argues the South Carolina Workers' Compensation Commission's Appellate Panel erred in failing to find he was an employee of SC STRONG.

 
12:00 p.m. (Time Limits: 10-10-5)
2010-163346    2006-CP-07-2682 Amy Davidson, Appellant, v. City of Beaufort, Branch Banking & Trust of South Carolina, Collins Engineering, Inc., Brantley Construction Company, Inc., and Tidal Wave 23, LLC, Defendants, Of whom Branch Banking & Trust of South Carolina and City of Beaufort are the Respondents. 2006-CP-07-02683 Phillip Davidson, Appellant, v. City of Beaufort, Branch Banking & Trust of South Carolina, Collins Engineering, Inc., Brantley Construction Company, Inc., and Tidal Wave 23, LLC, Defendants, Of whom Branch Banking & Trust of South Carolina and City of Beaufort are the Respondents.

H. Fred Kuhn, Jr. of Moss Kuhn & Fleming, PA, of Beaufort, for Appellants. William Thomas Young, III, and Mary Bass Lohr, both of Howell Gibson & Hughes, PA, of Beaufort, for Respondent City of Beaufort. William B. Harvey, III of Harvey & Battey, PA, of Beaufort, for Respondent City of Beaufort. Edward K. Pritchard, III of Pritchard & Elliott, LLC, of Charleston, for Respondent BB&T.

Amy and Phillip Davidson (Appellants) filed these tort actions against City of Beaufort, Branch Banking & Trust of South Carolina (BB&T), Collins Engineering, Inc., Brantley Construction Company, Inc., and Tidal Wave 23, LLC, (collectively, Defendants), alleging Defendants failed to adequately illuminate a parking lot, which created a dangerous, high crime area. The trial court granted summary judgment to City of Beaufort and BB&T. Appellants appeal, arguing the trial court erred in granting summary judgment: (1) prior to the completion of discovery, and (2) because a genuine issue of material fact exists as to Appellants' status as invitees and as to whether City of Beaufort and BB&T violated a duty owed to Appellants.

 
2:00 p.m. (Time Limits: 10-10-5)
2012-205613    Angelo Penza, Appellant, v. Pendleton Station, LLC., Diana L. Zellner, Trustee for the Diana L. Zellner Revocable Trust, Ursula Lesser, Roger Rowe, Benjamin L. Daniel, Sr., GrandSouth Bank, Enterprise Bank, Thomas M. Daniel, and Engineered Concrete Structures, Inc., Defendants, Of whom Enterprise Bank is the Respondent.

James W. Logan of Logan Jolly & Smith, LLP, of Anderson, for Appellants. David Richard Price, Jr. of Smith, Jordan, Lavery & Lee, of Easley, for Appellant Angelo Penza. Thomas Elihue Dudley, III, and M. Stokely Holder, of Kenison Dudley & Crawford, LLC, of Greenville, for Respondent Enterprise Bank. W. Cliff Moore, III, and Shaun C. Blake of Ellis Lawhorne & Sims, PA, of Columbia, for Respondent Enterprise Bank. Thomas Elihue Dudley, III of Kenison Dudley & Crawford, LLC, of Greenville, for Respondent Diana Zellner. M. Stokely Holder of Kenison Dudley & Crawford, LLC, of Greenville, for Respondent Diana Zellner.

Angelo Penza contends the master erred in granting partial summary judgment because there was a question of fact as to whether his mortgage was intended to cover Tract A in addition to Tract B. He also argues the master's order essentially reformed the original mortgage, which was error because before an instrument may be reformed there must be a showing of mutual mistake.

 
2:40 p.m. (Time Limits: 10-10-5)
2010-173206    Ebonie McDaniel and Christie Robinson, Plaintiffs, Of whom, Ebonie McDaniel is the, Appellant, v. South Carolina Department of Social Services, Respondent.

Jerry Leo Finney of The Finney Law Firm, Inc., of Columbia, and Adam L Whitsett, of Columbia, for Appellant. Taron Brown Davis, of Columbia, for Respondent.

Ebonie McDaniel appeals the family court order affirming the South Carolina Department of Social Services' (1) determination that she physically neglected a child in her care, and its (2) decision to place her name on the South Carolina Central Registry of Child Abuse and Neglect.

 
3:20 p.m. (Time Limits: 10-10-5)
2010-178386    The State, Respondent v. Thomas Smith, 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, of Columbia, and Assistant Attorney General Julie Kate Keeny, of Columbia, for Respondent. Solicitor Barry Joe Barnette, of Spartanburg, for Respondent.

Thomas Smith appeals his convictions for voluntary manslaughter, possession with intent to distribute marijuana within a half-mile radius of a school, and possession with intent to distribute marijuana. He argues the trial court erred in denying his motion for a directed verdict because the undisputed evidence showed he shot the victim in self-defense.

 
Tuesday, December 11, 2012
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-188446    Thomas Dewey Wise, Appellant, v. South Carolina Department of Health and Enviromental Control and South Fenwick, LLC, Respondents.

David K. Haller of Haller Law Firm, of Charleston, for Appellant. Richard Lee Tapp, Jr. and Stephen Peterson Groves, Sr., of Nexsen Pruet, LLC, of Charleston, for Respondent Fenwick Properties, LLC. Davis Arjuna Whitfield-Cargile of McDougall Law Firm, LLC, of Beaufort, for Respondent SCDHEC. Carlisle Roberts, Jr., of Haynsworth Sinkler Boyd, PA, of Columbia for Respondent SCDHEC.

In this matter concerning issuance of a dock permit by South Carolina Department of Health and Environmental Control (DHEC) to South Fenwick, LLC, Thomas Dewey Wise appeals from an order of the Administrative Law Court (ALC) dismissing the matter for failure of Wise to properly invoke the jurisdiction of the ALC, and declining to address Wise's motion to amend his pleadings to reflect Island Preservation, LP as the petitioner instead of Wise. In particular, Wise contends (1) the ALC erred in determining he failed to follow the proscribed statutory procedure in order to protect his contested case rights; (2) the ALC erred in determining Island Preservation did not timely appeal the contested case; and (3) DHEC and South Fenwick are estopped from asserting Wise and Island Preservation did not timely seek relief from the agency decision.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-189987    Travelers Property Casualty Co., Appellant, v. Senn Freight Lines, Inc., Respondent.

M. Dawes Cooke, Jr., and John William Fletcher, both of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Appellant. William Chadwick Jenkins, of Pope & Hudgens, PA, of Newberry, for Respondent.

Travelers Property Casualty Co. sued Senn Freight Lines, Inc. for breach of contract for unpaid premiums under certain insurance policies. Senn Freight counterclaimed for bad faith termination of an insurance policy. After trial, the jury found against Travelers on Travelers contract claim. The jury found for Senn Freight on Senn Freight's bad faith counterclaim, awarding actual and punitive damages. After the verdict, Travelers made post-trial motions. As to both claims, Travelers argued the evidence and law did not support the verdicts. As to the bad faith claim only, it argued no evidence supported the actual damages awarded and the punitive damages awarded were plainly excessive. The trial court denied these motions, and Travelers appeals.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-192366    Dudley N. Carpenter and Jane G. Carpenter, Respondents/Appellants, v. Charles L. Measter and Barbara P. Measter, Appellants/Respondents.

Brian C. Gambrell and Donald Ryan McCabe, Jr., both of McCabe, Trotter, Gambrell and Beverly, PC, of Columbia, for Appellants/Respondents. Thomas C. Hildebrand, Jr., of Haynsworth Sinkler Boyd, PA, of Charleston, for Respondents/Appellants.

In this breach of contract action, Appellants/Respondents, Charles and Barbara Measter (Sellers), seek review of the trial court's revision of a previous order granting partial summary judgment to Sellers. Sellers argue that the voluntary dismissal of the remaining claim filed by Respondents/Appellants, Dudley and Jane Carpenter (Purchasers), ended the period provided by Rule 54(b), SCRCP, for revision of the previous order. Sellers also challenge the trial court's failure to find as a matter of law that they did not breach their contract with Purchasers. In their cross-appeal, Purchasers challenge the trial court's granting of Sellers' motion for a directed verdict on Purchasers' claim for violation of the Residential Property Condition Disclosure Act.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-194886    Wheeler M. Tillman, Appellant, v. Samuel E. Tillman, Personal Representative for the Estate of Moye M. Tillman, Deceased, and Samuel E. Tillman, Individually, Respondents.

Wheeler M. Tillman of Tillman Law Firm, of North Charleston, pro se for Appellant. Joseph S. Brockington of Joseph S. Brockington, PA, of Charleston, for Respondent.

In this action filed by Wheeler M. Tillman (Appellant) against Samuel E. Tillman, individually and as personal representative of the Estate of Moye M. Tillman (Respondents), alleging causes of action for constructive trust and unjust enrichment, Appellant appeals from the order of the circuit court granting summary judgment in favor of Respondents. Appellant asserts error in the court's application of the doctrine of laches to bar his claim, dismissal of his causes of action for unjust enrichment upon the doctrine of laches without ruling on his claims of unjust enrichment, and refusing to rule on the issues of unclean hands and judicial estoppel raised by Respondents.

 
2:20 p.m. (Time Limits: 10-10-5)
2011-189148    The State, Respondent, v. Rico Brown, 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 Salley W. Elliott, and Assistant Attorney General Christina J. Catoe, all of Columbia, for Respondent.

Rico Brown appeals his convictions for criminal conspiracy and possession of tools used in the commission of a crime, arguing the trial court erred in failing to direct verdicts of acquittal on these charges.

 
3:00 p.m. (Time Limits: 10-10-5)
2011-192826    John D. Cottingham, DVM, Appellant, v. South Carolina Department of Labor, Licensing and Regulation, South Carolina Board of Veterinary Medical Examiners, Respondent.

Brian S. Wade, of Murrells Inlet, for Appellant. Patrick Donell Hanks, of Columbia, for Respondent.

Appellant John Cottingham seeks review of an order of the Administrative Law Court, which upheld the suspension of Cottingham's license to practice veterinary medicine. Cottingham argues that section 40-1-140 of the South Carolina Code prohibited Respondent, South Carolina Board of Veterinary Medicine, from considering Cottingham's conviction for tax evasion as a basis for revocation or suspension of his license.

 
3:40 p.m. (Time Limits: 10-10-5)
2011-193506    William Jeff Weekley and Christopher L. Weekley, Sr., Respondents, v. John Lance Weekley, Jr. and Marcus Earl Weekley, Sr., Appellants.

Andrew Sims Radeker, of Harrison & Radeker, P.A., of Columbia, for Appellants. Kevin Angus Brown, of Anderson & Brown, LLC, of Hampton, and Demetri K. Koutrakos, of Callison Tighe & Robinson, LLC, of Columbia, for Respondents.

This matter involves a partition action brought by William Jeff Weekley and Christopher L. Weekley, Sr. (Respondents) against John Lance Weekley, Jr. and Marcus Earl Weekley, Sr. (Appellants). From an order of the Special Referee dividing the property in kind and deferring Respondents' accounting action for consideration by the Probate Court, Appellants appeal, asserting various errors by the Special Referee in making the particular division, considering improper offsets to Respondents in making the division, failing to consider offsets in favor of Appellants, and finding the parties stipulated the accounting cause of action would be decided by the Probate Court.

 
Wednesday, December 12, 2012
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-199408    Greg Cohen and Stacy Cohen, Appellants, v. Progressive Northern Insurance Company and Auto-Owners Insurance Company, Respondents.

Daniel L. Draisen of Krause Moorhead & Draisen, PA, of Anderson, for Appellants. James Victor McDade of Doyle Tate & McDade, PA, of Anderson, for Respondent Auto-Owners Insurance. John Robert Murphy of Murphy & Grantland, PA, of Columbia, for Respondent Progressive Northern Insurance,

In this insurance coverage dispute, appellants Greg and Stacy Cohen appeal the circuit court's order granting judgment to the respondents on the basis that Greg Cohen received a meaningful offer of underinsured motorists insurance coverage.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-203268    William Lippincott, Appellant, v. South Carolina Department of Employment and Workforce and Wal-Mart Associates, Inc., Respondents.

Susan J. Firimonte of S.C. Legal Services, of Florence, for Appellant. Brenda L. Gorski, of Columbia, for Respondent.

William E. Lippincott appeals the Administrative Law Court's order finding that he was discharged for cause and, thus, disqualified from receiving unemployment benefits.

 
11:20 a.m. (Time Limits: 10-10-5)
2012-205512    V.N.S. Corporation d/b/a Choo Choo Build-it Mart, Respondent, v. William Brandon Twitty a/k/a Brandon Twitty, Kendra Mcilvee Twitty, South Carolina Bank & Trust, N.A., and Mortgage Electronic Registration Systems, Inc., as Nominee for Homecomings Financial Network, Inc., Defendants, Of whom Brandon Twitty and Kendra Mcilvee Twitty are the, Appellants.

Darrell T. Johnson, Jr. and Warren Paul Johnson, both of Law Office of Darrell Thomas Johnson Jr., LLC, of Hardeeville, for Appellants. Ehrick K. Haight, Jr. of Minor Haight & Arundell, PC, of Hilton Head Island, for Respondent.

This appeal arises from a breach of contract action against Appellants Brandon Twitty and Kendra Twitty. On appeal, Appellants argue the special referee erred in (1) awarding damages, interest and attorney's fees, and (2) granting in personam relief under the mechanics lien statute.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-197634    Susan Davis, Employee, Respondent, v. Unihealth Post Acute Care, Employer, Phoenix Ins. Co./Travelers Ins. Co., Carrier, Appellants.

Richard Daniel Addison of Hedrick Gardner Kincheloe & Garofalo, LLP, of Columbia, for Appellants. Tyler A. Bathrick of Mickle & Bass, LLC, of Rock Hill SC, for Respondent.

In this appeal from the workers' compensation commission, the appellants argue the commission erred in determining that (1)respondent Susan Davis did not constructively refuse suitable employment and (2) Davis is entitled to temporary total disability benefits.

 
2:20 p.m. (Time Limits: 10-10-5)
2011-198469    Ritter and Associates, Inc., Respondent/Appellant, v. Buchanan Volkswagen, Inc. and David Buchanan, Appellants/Respondents.

Steven L. Smith of Smith Closser, of Charleston, for Appellants/Respondents. Robert Bratton Varnado of Brown & Varnado, LLC, of Mt. Pleasant, for Respondent/Appellant.

This case arose from a check-kiting scheme perpetuated by Todd Taylor, who, in furtherance of the scheme and on behalf of Buchanan Volkswagen, Inc. (BVW), purchased twenty vehicles from Ritter and Associates, Inc. (Ritter). After the scheme was discovered, litigation among the various affected parties ensued, and all claims were resolved except for claims between Ritter and BVW and BVW's majority stockholder, David Buchanan. This cross-appeal arises from the order of a special referee granting judgment in Ritter's favor on its breach of contract claim against BVW and ruling in favor of Ritter on Buchanan and BVW's counterclaims.

 
3:00 p.m. (Time Limits: 10-10-5)
2011-198646    Charles L. McCallum, d/b/a Smallwood Development Corp., LLC, Respondent, v. Sherod Eadon, Jr., Darryl W. Hanshaw, Russell Howard, Gary W. Popwell, and Christopher G. Isgett, Defendants, Of whom, Sherod Eadon, Jr., Gary W. Popwell, and Christopher G. Isgett are the Appellants.

Gary Walton Popwell, Jr., of Lee Eadon Isgett & Popwell, of Columbia, for Appellants. Mary Dameron Milliken and Ian Douglas McVey, of Callison Tighe & Robinson, LLC, of Columbia, for Respondent.

This appeal arises from a default on a note signed by Appellants Sherod Eadon, Jr., Gary Popwell, and Christopher Isgett. On appeal, Appellants argue the trial court erred in awarding damages and attorney's fees.

 
Thursday, December 13, 2012
Court Room I
10:00 a.m. (Time Limits: 10-10-5)
2011-204370    D. Michael Taylor, Appellant, v. Aiken County Assessor, Respondent.

D. Michael Taylor, pro se, for Appellant. W. Lawrence Brown of Aiken SC for Respondent.

D. Michael Taylor, who purchased a piece of real property in Aiken County on September 7, 2010, appeals the Administrative Law Court's finding that Taylor lacked standing to challenge the 2010 property appraisal and assessment for tax purposes because he did not hold title to the property on December 31, 2009, when the tax was levied.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-198047    Neshen Mitchell, Individually and as the next friend of her minor child Hakeem T.M., Appellant, v. Juan Marruffo d/b/a Liberty Express, Adrian Moralez, RET Partnership, William T. McQueeney, Carl E. Roberts, Karl R. Henderson, and Steven Parham, Defendants, Of whom RET Partnership, William T. McQueeney, Carl E. Roberts, Karl R. Henderson, and Steven Parham are the, Respondents.

J. Joseph Condon, Jr., of North Charleston, for Appellant. Andrew D. Gowdown and Richard S. Rosen of Rosen Rosen & Hagood, LLC, of Charleston, for Appellant. Christina Rae Fargnoli, Timothy A. Domin, and Samuel R. Clawson, both of Clawson & Staubes, LLC, of Charleston, for Respondents.

This appeal arises from a motor vehicle accident. On appeal, Appellants argue the trial court erred in holding Respondents owed no duty of care to Appellants.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-202086    Misty Lake Association, Inc., Appellant, v. Bridleridge Homeowner's Association, Inc, Respondent.

Donald Ryan McCabe, Jr. and Brian C. Gambrell, both of McCabe, Trotter, Gambrell and Beverly, PC, of Columbia, for Appellant. Chad Edward Poteat of Brown & Brehmer, of Columbia, for Respondent. James Ross Snell, of Lexington, for Respondent.

In this action to recover unpaid assessments that Misty Lake Association alleges it is owed by Bridleridge Homeowners' Association, Misty Lake appeals the trial court's ruling that held: (1) there was no enforceable contract between the parties creating a servitude, (2) there was no reciprocal negative easement created by implication, and (3) Misty Lake could not recover in quantum meruit.

 
12:00 p.m. (Time Limits: 10-10-5)
2012-207550    City of Greer, Respondent, v. Shawn P. Humble, Appellant.

Randall Scott Hiller, of Greenville, for Appellant. Daniel Roper Hughes, of Duggan & Hughes, LLC, of Greer, for Respondent.

This appeal arises from Appellant Shawn Humble's arrest for driving under the influence. On appeal, Humble argues the circuit court erred in (1) reversing the decision of the municipal court dismissing the driving under the influence charge because the affidavit required by S.C. Code Ann. § 56-5-2953 (Supp. 2011) is deficient on its face and (2) the circuit court ignored the factual findings of the municipal court.

 
Tuesday, December 11, 2012
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2010-179986    In re: Estate of Atn Burns Livingston,Emma Lou Livingston Martin as Personal Representative of the Estate of Atn Burns Livingston and Emma Lou Livingston Martin, Respondents/Appellants, v. Clyde B. Livingston; Miller Communiciations, Inc.,; Citibank South Dakota, N.A.; Branch Banking and Trust Company of South Carolina; and American First Federal, Inc., Defendants, Of whom Clyde B. Livingston is, Appellant/Respondent.

Andrew Sims Radeker of Harrison & Radeker, P.A., of Columbia, for Appellant/Respondent. Richard B. Ness of Ness & Jett, LLC, of Bamberg, for Respondent/Appellant.

In this cross-appeal, the parties are disputing the master's decision over farmland in Orangeburg. Appellant-Respondent argues the master erred in concluding (1) the USDA benefits were estate property and (2) the statute of limitations did not bar the Respondent-Appellant's claim. Respondent-Appellant contends the master erred by failing to (1) apply the probate code, (2) apply S.C. Code Section 15-61-25 governing the partition of probate estates, (3) allowing Appellant-Respondent to retain one-half USDA subsidies, and (4) concluding judgments of an heir-at-law affect the ability of a personal representative of an open estate to convey good title to real estate.

 
10:40 a.m. (Time Limits: 10-10-5)
2010-181289    Progressive Home Builders, Inc., Respondent, v. Grace Hucks and Window Works, Inc., Defendants, Of whom, Grace Hucks is the, Appellant, And Window Works, Inc. is, Respondent.

Herbert W. Hamilton of Hamilton Martens & Ballou, LLC, of Rock Hill, for Appellant. Gary Ivan Finklea of Finklea Law Firm, of Florence, for Respondent Progressive Home Builders, Inc. Eugene Preston Warr, Jr., of Lucas Warr & White, of Lamar, for Respondent Window Works, Inc.

In this civil appeal, Grace Hucks contends the trial court erred in (1) failing to find that Progressive Homebuilders, Inc. (Progressive) was not entitled to payment for a window upgrade; (2) concluding that Hucks was not entitled to terminate the contract; and (3) ruling that Window Works was entitled to judgment pursuant to theory of quantum meruit.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-182266    Charlotte Williams, Employee, Appellant, v. David Stafford Drywall, Self Insured Employer and Accident Insurance Company, Respondents.

Kevin B. Smith, of Hoffman Law Firm, of North Charleston, for Appellant. Kirstein Leslie Barr and Jamie C. Guerrero, both of Trask and Howell, of Mount Pleasant, for Respondents.

Charlotte Williams appeals from the order of the Appellate Panel of the South Carolina Workers' Compensation Commission (Appellate Panel) finding her totally and permanently disabled and awarding her lifetime medical treatment for the injuries to her back, left leg, and pelvis. She argues the Appellate Panel erred in: (1) basing her average weekly wage on Workers' Compensation Commission Form 20; (2) failing to find her neurogenic bladder related to her back injury; and (3) denying her claim for partial paraplegia.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-183946    Charleston Pool and Spa, Appellant, v. John Moran and Teresa M. Moran, Respondents.

Steven L. Smith, of Smith Closser, of Charleston, for Appellant. Patrick J. McDonald of The Law Offices of Patrick J. McDonald, of Daniel Island, for Respondents.

Charleston Pool and Spa appeals the circuit court's award of damages to John and Teresa Moran for negligent construction and installation of a swimming pool and spa aruging the relationship between the parties was governed by contract and any alleged defects did not create a hazardous condition.

 
Wednesday, December 12, 2012
Court Room II
10:00 a.m. (Time Limits: 10-10-5)
2011-193786    Microclean Technology, Inc., Appellant, v. Envirofix, Inc., Respondent.

Terry A. Finger of Finger & Fraser, PA, of Hilton Head Island, for Appellant. Robert Ernest Sumner, IV, and Trudy Hartzog Robertson, both of Moore & Van Allen, PLLC, of Charleston, for Respondent.

Appellant MicroClean Technology, Inc., sued Respondent EnviroFix, Inc., for breach of contract, claim and delivery, and quantum meruit. EnviroFix counterclaimed for breach of contract, breach of covenant of good faith and fair dealing, quantum meruit, negligent misrepresentation, and fraudulent misrepresentation. The dispute concerned a licensing contract for use of a technological system for eliminating odors and eradicating mold from cars, houses, apartments, and other locales. The damages awarded to MicroClean reflected, among other things, a setoff to EnviroFix on its breach of contract claim. MicroClean appeals, challenging (1) the amount of damages awarded for unpaid monthly license payments, (2) the denial of its claim and delivery cause of action, and (3) the disposition of EnviroFix's counterclaim for breach of contract.

 
10:40 a.m. (Time Limits: 10-10-5)
2011-194106    Ginn-LA University Club LTD., LLLP, Respondent, v. Amelia Capital III, LLC, Appellant.

Keith D. Munson and Michael James Bogle, both of Womble Carlyle Sandridge & Rice, LLP, of Greenville, for Appellant. Carl F. Muller of Carl F. Muller, Attorney at Law, P.A., of Greenville, for Respondent. Matthew Terry Richardson and John Carroll Moylan, III, of Wyche, PA, of Columbia, for Respondent.

This appeal arises from a jury verdict awarding Respondent Ginn-LA University Club Ltd., LLLP (Ginn-LA) $939,877.12 in damages on an action for breach of contract against Appellant Amelia Capital III, LLC (Amelia). On appeal, Amelia argues the trial court erred by (1) denying Amelia's motion for a new trial; (2) allowing expert testimony as to the extent and costs associated with alleged future damages; (3) refusing to take judicial notice of tax assessor records; (4) refusing to allow Amelia to call Ginn-LA's in-house counsel as a witness; and (5) refusing to instruct the jury regarding the construction of a contractual indemnity provision.

 
11:20 a.m. (Time Limits: 10-10-5)
2011-195626    A.M. Kelly Grove, Appellant, v. South Carolina Department of Health and Environmental Control, BabyNet, Debra M. McCoy, in both her official and individual capacities, and Office of South Carolina First Steps to School Readiness, Respondents.

Seth Warren Whitaker and Brian C Duffy, of Duffy & Young, LLC, of Charleston, for Appellant. J. Rutledge Young, III, of Charleston, for Appellant. Alissa Robyn Collins and James A. Stuckey, Jr., both of Stuckey Law Offices, LLC, of Charleston, for Respondent.

A.M. Kelly Grove appeals the order of the trial court granting Debra M. McCoy JNOV on Grove's defamation claim. In addition, Grove appeals the trial court's granting of a directed verdict on her 43 U.S.C. § 1983 claim.

 
12:00 p.m. (Time Limits: 10-10-5)
2011-196446    Ella Ranette Miller Gaffney, Respondent, v. William Wright Gaffney, Jr., Appellant.

Jeffrey A. Merriam of Carter Smith Merriam Rogers & Traxler, PA, of Greenville, for Appellant. Timothy Madden and Reid T. Sherard, both of Nelson Mullins Riley & Scarborough, of Greenville, for Respondent.

Husband appeals the order of the family court interpreting the parties' divorce decree. On appeal, Husband argues the family court erred in finding the loan obligor's full payment of the principal balance owing would reduce Husband's alimony obligation from $7,000 to $1,000 instead of eliminating it entirely.

 
2:20 p.m. (Time Limits: 10-10-5)
2011-196347    Lincoln General Insurance Company, Individually and a/s/o Jose Salgado, Blanca M. Acosta, Miguel S. (age 14), Ofelia S. (age 10) and Cathy Alafaro, Respondents, v. Progressive Northern Insurance Company, Avery Paul Strickland, and Jennifer Dawn Strickland, Defendants, Of whom, Progressive Northern Insurance Company is the Appellant.

Adam J. Neil of Murphy & Grantland, PA, of Columbia, for Appellant. Jeffrey J. Wiseman, Stephen Lynwood Brown, and Russell Grainger Hines, all of Young Clement Rivers, LLP, of Charleston, for Respondents.

After a car accident, Lincoln General Insurance Company, individually and as subrogee of Jose Salgado, Blanca M. Acosta, Miguel S., Ofelia S. and Cathy Alafaro (Respondents) sued Progressive Northern Insurance Company, Avery Paul Strickland, and Jennifer Dawn Strickland. Lincoln General sought a declaratory judgment that Jennifer Strickland's policy with Progressive covered the accident, pursuant to the Motor Vehicle Financial Responsibility Act, for at least the minimum policy limits, even though the driver of the car seeking coverage was an excluded person under Jennifer Strickland's policy. The trial court granted Lincoln General summary judgment. Progressive appeals.

 
3:00 p.m. (Time Limits: 10-10-5)
2011-196348    Daisy Wallace Simpson, Appellant/Respondent, v. William Robert Simpson, individually and as shareholder/member of Simpson Farms, L.L.C. and William R. Simpson, Jr., as shareholder/member of Simpson Farms, L.L.C., Respondents/Appellants.

Carrie Ann Warner of Warner Payne & Black, LLP, of Columbia, for Appellant/Respondent. Charles D. Lee, III, and James Thomas McLaren, both of McLaren & Lee, of Columbia, for Appellant/Respondent. Reid Browning Smith, of Bird & Smith, P.A., of Columbia, for Respondents/Appellants.

This is a cross-appeal from the family court's order that modified the division of property in the parties' decree of divorce. Daisy Wallace Simpson (Wife) argues the family court committed error by modifying the division of property in the decree and failing to award her attorney's fees and expenses. William R. Simpson, Sr. (Husband) and William R. Simpson, Jr. (Son) also appeal, arguing the family court erred in: (1) modifying the decree because it did not have subject matter jurisdiction; (2) disregarding the law of the case; (3) finding the decree was ambiguous and, consequently, modifying the decree in an effort to ascertain the intent of the trial judge; (4) modifying the decree when Husband, Son, and the LLC had complied with the terms of the decree; (5) its reapportionment of the marital property; and (6) failing to make specific findings of fact and conclusions of law. Husband and Son also contend that Wife is judicially estopped from demanding a cash sum award or that the LLC transfer real estate to her.

 
3:40 p.m. (Time Limits: 10-10-5)
2011-196146    Lisa Hartman, as Personal Representative of the Estate of John Kevin Hartman, Employee, Appellant, v. Horizon Motors, Inc., Employer and Montgomery Insurance, Carrier, Respondents.

Alan M. Tanenbaum, of Charleston, for Appellant. Lynnley Ross of Willson Jones Carter & Baxley, P.A., of Mount Pleasant, for Respondents.

The Estate of John Kevin Hartman (Estate) appeals the decision of the Appellate Panel of the Workers' Compensation Commission (Appellate Panel), which reversed the single commissioner's award of benefits for a work-related injury. On appeal, the Estate argues (1) despite the employer's admission Hartman's injury was work-related and the presentation of medical evidence establishing causation, the Appellate Panel erroneously denied benefits based upon the testimony of lay witnesses who attacked Hartman's credibility; and (2) the overwhelming weight of the medical evidence supports the findings of the single commissioner.

 
Cases to be Submitted Without Oral Argument
2012-212257 South Carolina Department of Social Services, Respondent, v. Tricia M., Paul M., Defendants, Of Whom Tricia M. is the Appellant, In the interest of a minor child under the age of 18 years.

2011-196226 The State, Respondent v. Richard Pilgrim, Appellant.

2010-156226 Jimmy Causey, Petitioner, v. State of South Carolina, Respondent.

2010-168749 Raymond Edmonds, Petitioner, v. State of South Carolina, Respondent.

2011-197148 The State, Respondent v. Demetrick McQueen, Appellant.

2010-170007 Donald L. Smith, Petitioner, v. State of South Carolina, Respondent.

2011-205450 Marshall Corbin Johnson, Employee, Respondent, v. Kohler Company, Self Insured, Carrier, Appellant.

2010-155766 Patrick L. Fuller, Respondent, v. State of South Carolina, Petitioner.

2010-165766 The State, Respondent v. Joseph Sanders, Appellant.

2011-202090 Mary Diane Corbett, Appellant, v. Christopher Arthur Corbett, Respondent.

2010-156207 Jimmy Causey, Petitioner, v. State of South Carolina, Respondent.

2011-182106 The State, Respondent, v. Jason Ray Franks, Appellant.

2010-167027 Ayree Henderson, Respondent, v. State of South Carolina, Petitioner.

2010-159947 Stephon Green, Petitioner, v. State of South Carolina, Respondent.

2009-142546 Kevin Fulton, Petitioner, v. State of South Carolina, Respondent.

2009-143767 The State, Respondent, v. Curtis T. Johnson, Appellant.

2011-188766 The State, Respondent v. Rashawn Murphy, Appellant.

2011-201746 The State, Respondent, v. Honore T. Davis, Appellant.

2011-187507 The State, Respondent, v. Tevon Jackson, Appellate.

2011-194287 Lynn Marie Kanitz, Respondent, v. Neil Treavor Mangrum, Appellant.

2011-194607 The State, Respondent v. Johnnie Simmons, Appellant.

2010-157948 Tony Yarborough, Petitioner, v. State of South Carolina, Respondent.

2010-159248 Dwight Lamar Spears, Petitioner, v. State of South Carolina, Respondent.

2010-177027 The State, Respondent, v. Robert Lee Banks, Appellant.

2011-204286 The State, Respondent v. Travis Stewart, Appellant.

2010-150468 Sterret J. Young, Petitioner, v. State of South Carolina, Respondent.

2009-140666 Julian Ferguson, Petitioner, v. State of South Carolina, Respondent.

2012-208509 The State,Respondent, v. Lynn Larry Hill, Appellant.

2009-129366 Tyrone Rouse, Petitioner, v. State of South Carolina, Respondent.

2011-193488 Curtis Johnson, Appellant, v. Deering Milliken, Inc., Employer, and Liberty Mutual Ins. Co., Carrier, Respondents.

2011-193447 The State, Respondent, v. Nikki Anduan Brannon, Appellant.

2010-157828 Alejandro R. Sandoval, Petitioner, v. State of South Carolina, Respondent.

2010-151951 Morris Antonio Sullivan, Petitioner, v. State of South Carolina, Respondent.

2011-188949 The State, Respondent, v. David Ancrum, Appellant.

2011-193888 The State, Respondent, v. Roosevelt Broome, Jr., Appellant.

2011-194326 Wells Fargo Bank, National Association, successor in interest by merger to Wachovia Bank, National Association, Respondents, v. EGIS 521, LLC, Peter James Menkhaus, Stephanie L. Menkhaus, Nancy T. Jenkins, Individually and as Trustee of the Don A. Jenkins T/U/W and as Personal Representative of the Estate of Don A. Jenkins, Bellsouth Carolina PCS, LP, n/k/s Bellsouth Mobility DCS, LP, Commercial Products, Mark A. Ciminelli, Mark E. Carpenter, Ronald C. Mariello, Defendents, Of whom EGIS 521, LLC, Mark A. Ciminelli, Mark E. Carpenter and Ronald C. Mariello are the Appellants.

2010-154477 Troy M. Wright, Petitioner, v. State of South Carolina, Respondent.

2010-159246 Allen Thomas, Petitioner, v. State of South Carolina, Respondent.

2012-207187 Hoang Berry, Appellant, v. Stokes Import Collision Center, Respondent.

2010-176966 The State, Respondent v. Ervin Outz, Appellant.

2010-166987 Lewis Welsh, Petitioner, v. State of South Carolina, Respondent.

2010-160010 Dracan Thomas, Petitioner, v. State of South Carolina, Respondent.

2011-203947 The State, Respondent, v. Michael Bayron, Jr., Appellant.

2011-198607 Carey Graham and Rodney A. Chardukian, Respondents, v. Malcolm M. Babb, Brenda R. Babb, Cable Plus of Carolina, Inc., South Bay Lakes Cable Partnership, Southbridge Cable Television, LLC, Renaissance Enterprises, Inc., Now Known as Condo Services, Inc., Defendants, Of whom Brenda R. Babb and Renaissance Enterprises, Inc., Now Known as Condo Services, Inc, are Appellants.

2009-148550 Andrew Ware, Petitioner, v. State of South Carolina, Respondent.

2009-142166 Corressell Antiwan Smoot, Petitioner, v. State of South Carolina, Respondent.

2011-189306 The State, Respondent v. Stanqwanner Wiggins, Appellant.

2011-194292 Reginald Gilliam, #240636, Appellant, v. Greenwood Professional Investigations Inc., and Mr. Ronnie McAlister, Respondents.

2010-155070 James Oscar Douglas, Petitioner, v. State of South Carolina, Respondent.

2011-192348 Greenville County, Respondent, v. Dennis Darrell Brooks, Appellant.