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Supreme Court - Roster of Cases for Hearing

January 2013

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The summary below each case is prepared to offer lawyers and the public a general overview of what issues are included in a case which will be argued. The summary is not a limit on what issues a party to a case may present at oral argument.
Tuesday, January 8, 2013
Supreme Court Courtroom
09:30 a.m. (Time Limits: 15-15-5)
2011-200407    Tourism Expenditure Review Committee, Appellant, v. City of Myrtle Beach, Respondent.

John Marion S. Hoefer and Chad Nicholas Johnston, both of Willoughby & Hoefer, PA, of Columbia, for Appellant. Michael Warner Battle,of Battle & Vaught, PA, of Conway, for Respondent.

In this declaratory judgment action, the Court examines whether the circuit court properly interpreted the meaning of S.C. Code Ann. 6-4-10.

10:00 a.m. (Time Limits: 15-15-5)
2011-194346    City of Myrtle Beach, Respondent, v. Tourism Expenditure Review Committee, Appellant.

John Marion S. Hoefer and Chad Nicholas Johnston, both of Willoughby & Hoefer, PA, of Columbia, for Appellant. Michael Warner Battle, of Battle & Vaught, PA, of Conway, for Respondent.

In this appeal, the Court examines the Administrative Law Court's findings regarding several disbursements of state accommodations tax revenues.

10:30 a.m. (Time Limits: 10-10-5)
2012-212047    James and Diane Youngblood, Respondents,, v. South Carolina Department of Social Services, Defendant, v. Jane and John Doe, Intervenors, of whom Jane and John Doe are the Petitioners.

Vanessa Hartman Kormylo, of Greenville, for Petitioners. Sarah Ganss Drawdy, of Anderson, for Respondents.

The South Carolina Department of Social Services removed Child from her parents and had their parental rights terminated. Respondents served as foster parents for Child until DSS decided to place Child with another family, Petitioners, for adoption. Respondents filed suit against DSS seeking custody and adoption of Child, and Petitioners intervened. The family court granted Respondents' petition to adopt. Petitioners argue the family court erred because Respondents did not have standing to file an adoption action.

Wednesday, January 9, 2013
Supreme Court Courtroom
09:30 a.m. (Time Limits: 10-10-5)
2011-193926    The State, Respondent, v. Serria Dawson, Appellant.

Appellate Defender Robert M. Pachak of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Mark Reynolds Farthing, all of Columbia, and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

Appellant was accused of stealing $1,171.55 from her employer, Wal-mart, between October 9, 2009 and October 29, 2009. Under applicable law at the time, the plea court sentence Appellant to 5 year probation and restitution. However, under the Omnibus Crime Reduction and Sentencing Reform Act of 2010 (the Act), which took effect on On June 2, 2010, any amount under $2000 would subject Appellant to only 30 days in jail. On appeal Appellant argues that the plea court erred in denying Appellant's motion to be sentenced under the Act.

10:00 a.m. (Time Limits: 10-10-5)
2011-193606    The State, Respondent, v. Lawrence Brown, Appellant.

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Mark Reynolds Farthing, all of Columbia, and Solicitor Ernest A. Finney, III, of Sumter, for Respondent.

Appellant challenges his conviction for grand larceny of two motor vehicles pursuant to section 16-13-30 of the South Carolina Code. Appellant asserts that the State failed to establish that either vehicle met the statutory value of $1,000. The General Assembly revised section 16-13-30 following Appellant's commission of the offense, but prior to his trial, and increased the statutory value threshold to $2,000. Appellant argues the trial court erred by instructing the jury only as to the $1,000 value.

10:30 a.m. (Time Limits: 10-10-5)
2011-186426    The State, Respondent, v. Steven Louis Barnes, Petitioner.

Appellate Defender Kathrine Haggard Hudgins of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Deputy Attorney General David A. Spencer, all of Columbia and Solicitor Donald V. Myers of Lexington, for Respondent.

This case is before the Court on certiorari to review the decsion of the Court of Appeals affirming the trial court's decision not to grant a mistrial after the jury deadlocked twice.

Thursday, January 10, 2013
Supreme Court Courtroom
09:30 a.m. (Time Limits: 10-10-5)
2011-193828    Amisub of South Carolina, Inc., d/b/a Piedmont Medical Center, Respondent, v. South Carolina Department of Health and Environmental Control; Charlotte-Mecklenburg Hospital Authority, d/b/a Carolinas Healthcare System; and Carolinas Physicians Network, Inc., Defendants, of whom South Carolina Department of Health and Environmental Control is the Petitioner, and Charlotte-Mecklenburg Hospital Authority, d/b/a Carolinas Healthcare System; and Carolinas Physicians Network, Inc. are Respondents.

Ashley C. Biggers, of Columbia, for Petitioner. Travis Dayhuff, of Nelson Mullins Riley and Scarborough, LLP, of Columbia and James G. Long, III and Tanya A. Gee, both of Nexsen Pruet, LLC, of Columbia, for Respondents.

We have granted DHEC's petition for a writ of certiorari to review the decision of the Court of Appeals, which rejected DHEC's argument that the Administrative Law Court did not have subject matter jurisdiction over this case and also found that the ALC erred when it granted summary judgment without affording Piedmont Medical Center an opportunity for discovery. The issues now before us pertain to DHEC's allegations as to jurisdiction.

10:00 a.m. (Time Limits: 10-10-5)
2011-193446    Enersys Delaware, Inc., Appellant, v. Tammy Hopkins, Respondent.

William H. Floyd, III and Angus H. Macaulay, both of Nexsen Pruet, LLC, of Columbia, for Appellant. George A. Harper, of Columbia, for Respondent.

EnerSys Delaware appeals the circuit court's denial of its motion to disqualify defendat's counsel, George Harper, alleging his representation violates Rule 1.9 of the South Carolina Rule of Professional Conduct because Harper had previously represented EnerSys .

10:30 a.m. (Time Limits: 10-10-5)
2010-180806    The State, Respondent, v. Adams Gibson, Petitioner.

Chief Appellate Defender Robert Michael Dudek of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Alphonso Simon, Jr. and Solicitor Daniel E. Johnson, all of Columbia, for Respondent.

The Court granted certiorari to review a decision of the Court of Appeals affirming the circuit court's denial of petitioner's directed verdict motion.

Wednesday, January 23, 2013
Supreme Court Courtroom
09:30 a.m. (Time Limits: 15-15-5)
2010-149288    Thelma M. Poch, as Personal Representative for the Estate of Kenneth O. Poch, Petitioner, v. Bayshore Concrete Products/South Carolina, Inc., Bayshore Concrete Products Corporation, Tidewater Skanska Group, Inc., and Tidewater Skanska, Inc., Defendants, of whom Bayshore Concrete Products/South Carolina, Inc., and Bayshore Concrete Products Corporation, are Respondents. ____________________ Kevin Key and Sandra Key, Petitioners, v. Bayshore Concrete Products/South Carolina, Inc., Bayshore Concrete Products Corporation, Tidewater Skanska Group, Inc., and Tidewater Skanska, Inc., Defendants, of whom Bayshore Concrete Products/South Carolina, Inc., and Bayshore Concrete Products Corporation, are Respondents. ___________________ Thelma M. Poch, as Personal Representative for the Estate of Kenneth O. Poch and Julius Poch, Petitioner, v. Bayshore Concrete Products/South Carolina, Inc., Bayshore Concrete Products Corporation, Tidewater Skanska Group, Inc., and Tidewater Skanska, Inc., Defendants, of whom Bayshore Concrete Products/South Carolina, Inc., and Bayshore Concrete Products Corporation, are Respondents.

Christine Companion Varnado, Robert Bratton Varnado and Jason Scott Luck, all of the Seibels Law Firm, of Charleston and John R. Kuhn, of Kuhn & Kuhn, LLC, of Charleston, for Petitioners. Barrett R. Brewer, of Clawson & Staubes, LLC, of Charleston, for Respondents.

This Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in Poch v. Bayshore Concrete Products/South Carolina, Inc., 386 S.C. 13, 686 S.E.2d 689 (Ct. App. 2009), which affirmed the circuit court's dismissal of Petitioners' causes of action on the ground that workers' compensation was Petitioners' exclusive remedy and, therefore, Respondents were immune from liability in a tort action. Petitioners contend the Court of Appeals erred in holding that: (1) Bayshore Corp. (VA) was entitled to workers' compensation immunity as a statutory employer of Poch and Key; and (2) Bayshore Corp. (VA) and Bayshore (SC) properly secured workers' compensation coverage for Poch and Key.

10:00 a.m. (Time Limits: 15-15-5)
2011-192812    Tommy W. Berry, Sr. and Jo S. Berry, Appellants, v. South Carolina Department of Health and Environmental Control, Office of Ocean and Coastal Resource Management, Respondent.

Howell V. Bellamy, Jr. and Howell V. Bellamy, III, both of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A. of Myrtle Beach, for Appellants. W. Marshall Taylor, Jr. and Bradley David Churdar, both of Charleston, for Respondent.

Appellants challenge the circuit court's order granting the Department of Health and Environmental Control's motion to dismiss for lack of subject matter jurisdiction.

10:30 a.m. (Time Limits: 10-10-5)
2011-192286    William James Biggins, Petitioner, v. Karen Lee Burdette, f/k/a Karen Burdette Biggins, Respondent.

Charles D. Lee, III, of McLaren & Lee, of Columbia, for Petitioner. Victoria L. Eslinger and Russell Thomas Burke, both of Nexsen Pruet, LLC, of Columbia, for Respondent.

The Court granted a writ of certiorari to review a decision of the court of appeals affirming the family court's denial of Biggin's motion to terminate alimony payments and award of attorneys' fees to Burdette.

11:00 a.m. (Time Limits: 20-20-10)
2012-212723    Bernadette R. Hampton, Jackie B. Hicks and Carlton B. Washington, Petitioners, v. The Honorable Nikki Haley, in her official capacity as Governor of South Carolina, The Honorable Richard Eckstrom, in his official capacity as Comptroller General for the State of South Carolina, The Honorable Curtis Loftis, in his official capacity as Treasurer of the State of South Carolina, and The South Carolina Budget and Control Board, Respondents.

W. Allen Nickles, III, of Nickles Law Firm of Columbia, for Petitioners. Charles Mitchell Brown, William C. Wood, Jr. and Michael J. Anzelmo, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia, Michael Robert Hitchcock, John Potter Hazzard, V and Kenneth M. Moffitt, all of Columbia, for Respondents. Michael Strom Medlock of Edgefield, for Intervenor.

This case is before the court in its original jurisdiction to consider whether the South Carolina Budget and Control Board and its members exceeded their constitutional and statutory powers in increasing enrollee premiums for the State health insurance plan.

11:00 a.m. (Time Limits: 20-20-10)
2012-213099    Thomas A. Bryson on behalf of himself and all similarly situated persons, Plaintiff, v. State Budget and Control Board; Nikki R. Haley; Curtis M. Loftis, Jr.; Richard Eckstrom; and Hugh K. Leatherman, Jr.; in their official capacities as members of the State Budget and Control Board, Defendants.

Michael Strom Medlock, of Edgefield and Christopher Lance Sheek, of Geoly, Sheek and Merritt, LLC, of Greenwood, for Plaintiff. Michael Robert Hitchcock, John Potter Hazzard, V, and Kenneth M. Moffitt, of Columbia, for Defendant. C. Mitchell Brown, William C. Wood, Jr. and Michael J. Anzelmo, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Defendants.

This case is before the court in its original jurisdiction to consider whether the South Carolina Budget and Control Board and its members exceeded their constitutional and statutory powers in increasing enrollee premiums for the State health insurance plan.

Thursday, January 24, 2013
Supreme Court Courtroom
09:30 a.m. (Time Limits: 10-10-5)
2011-192246    State of South Carolina, Respondent, v. Ervin Gamble, Petitioner.

Jerry Leo Finney and Stephanie R. Fajardo, both of The Finney Law Firm, Inc., of Columbia, for Petitioner. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General William M. Blitch, Jr., all of Columbia and Solicitor J. Gregory Hembree, of Conway, for Respondent.

Petitioner argues that the Court of Appeals erred when it affirmed the verdict against him because the trial court improperly admitted evidence obtained as the result of a warrantless search and improperly denied Petitioner's motion for a new trial.

10:00 a.m. (Time Limits: 10-10-5)
2011-191646    Elisa Narruhn, Respondent, v. Alea London Limited and Anderson General Insurance, Defendants, Of whom Alea London Limited is the, Appellant.

Mark S. Barrow, Mark V. Gende and William R. Calhoun, Jr., all of Sweeny Wingate & Barrow, PA, of Columbia, for Appellant. Gene McCain Connell, Jr., of Kelaher, Connell & Connor, PC, of Surfside Beach, for Respondent.

Appellant asserts the trial court erred (1) in ruling it did not have jurisdiction to hear and decide a motion under Rule 60(b), SCRCP, regarding an order by a special referee who had completed his appointed tasks, (2) in ruling the Rule 60(b) motion was untimely, and (3) in implicitly ruling the special referee had subject matter jurisdiction and personal jurisdiction to order the assignment of a party's rights against its non-party insurer. Respondent asserts Appellant does not have standing to pursue this appeal.

 

Cases to be Submitted Without Oral Argument

Cazario Marshall, Respondent, v. State of South Carolina, Petitioner.

Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott and Assistant Attorney General Suzanne Hollifield White, all of Columbia, for Petitioner. Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Respondent.