Supreme Court Seal
South Carolina
JUDICIAL DEPARTMENT
Site Map | Feedback
Supreme Court - Roster of Cases for Hearing

February 2013

Go to previous month  PREV February 2013 NEXT   Go to next month



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, February 5, 2013
Supreme Court Courtroom
09:30 a.m. (Time Limits: 15-15-5)
2010-174946    The Town of Hollywood, Appellant/Respondent, v. William Floyd, a/k/a Jeff Floyd, Troy Readen and Edward McCracken, a/k/a Eddie McCracken, Respondents/Appellants.

Andrew F. Lindemann, of Davidson & Lindemann, P.A., of Columbia, Hugh W. Buyck, of Buyck & Sanders, L.L.C., of Mt. Pleasant and Katie F. Monoc, of Pratt-Thomas Walker, P.A., of Charleston, for Appellant/Respondent. Thomas R. Goldstein, of Belk, Cobb, Infinger & Goldstein, P.A., of North Charleston, for Respondents/Appellants.

The Town of Hollywood (the Town) brought this land-use action against William Floyd, Troy Readen, and Edward McCracken (collectively, the developers) seeking an injunction prohibiting the subdivision of a thirteen-acre tract and a declaration that such subdivision required approval from the Town's Planning Commission. The developers filed counterclaims under 42 U.S.C. § 1983 (2006), alleging equal protection and due process violations as well as various state law claims. The circuit court granted summary judgment in favor of the Town on its claims for equitable and declaratory relief, and also granted the Town's motion for a directed verdict on the developers' state law claims. The jury returned a verdict in favor of the Town on the developers' due process claim, but awarded the developers $450,000 in actual damages on their equal protection claim. Both parties appealed. The Town argues the circuit court erred in denying its motions for a directed verdict and judgment notwithstanding the verdict on the equal protection claim, and in awarding the developers attorney's fees and costs. Conversely, the developers argue the circuit court erred in granting the Town's motion for summary judgment regarding its claims for equitable and declaratory relief.

10:00 a.m. (Time Limits: 25-25-10)
2010-178247    The State, Respondent, v. Steven Barnes, Appellant.

Chief Appellate Defender Robert M. Dudek, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Donald J. Zelenka and Senior Assistant Attorney General Melody J. Brown, all of Columbia and Solicitor Donald V. Myers, of Lexington, for Respondent.

This is a capital appeal. Appellant contends the trial court erred in denying his request to waive his right to counsel, in hearing certain evidence on that issue, in qualifying a juror and in limiting counsel's voir dire, and in denying his request that the indictments be dismissed pursuant to the Interstate Agreement on Detainers Act.

10:30 a.m. (Time Limits: 15-15-5)
2011-183286    Margaret P. Ware, Respondent, v. Ralph D. Ware, Petitioner.

Gregory S. Forman, of Charleston, for Petitioner. William J. Clifford, of North Charleston, for Respondent .

In this domestic action, Petitioner contends the Court of Appeals erred in (1) finding the family court properly denied his motion to vacate its final order regarding alimony and a division of property, and in determining South Carolina courts need not give full faith and credit to Petitioner's Alabama divorce decree; (2) finding Respondent's filing of an entry of limited appearance in Alabama did not subject her to a decision of the Alabama court; (3) holding the interlocutory nature of an Alabama order denying Respondent's motion to dismiss meant Respondent did not fully litigate the issue of personal jurisdiction in Alabama; (4) holding Respondent's subsequent withdrawal from the Alabama action precluded full litigation of that state's personal jurisdiction; and (5) failing to vacate the family court's award of attorney's fees to Respondent and to award attorney's fees to Petitioner or remand the issue to the family court for an award to Petitioner.

Wednesday, February 6, 2013
Supreme Court Courtroom
09:30 a.m. (Time Limits: 10-10-5)
2011-194366    SunTrust Bank s/b/m National Bank of Commerce, including its Division, Central Carolina Bank, Respondent, v. Brandy K. Bryant, a/k/a Brandy K. McGarthy, Arnold L. Bryant, Phyllis W. Davis and Stephen Ford, as Spartanburg County Tax Collector, Defendants, of whom Phyllis W. Davis is the Petitioner.

Daniel R. Hughes and John B. Duggan, of Greer, for Petitioner. Dean A. Hayes, of Korn Law Firm, P.A., of Columbia, for Respondent.

In this case, the Court reviews the court of appeals' decision in SunTrust Bank v. Bryant, 392 S.C. 264, 708 S.E.2d 821 (Ct. App. 2011).

10:00 a.m. (Time Limits: 15-15-5)
2011-194626    Brian P. Menezes, Petitioner, v. WL Ross & Co. LLC, Wilbur L. Ross, Jr., Michael J. Gibbons, David H. Storper, David L. Wax, Joseph L. Gorga, Stephen B. Duerk, WLR Recovery Fund II, L.P., WLR Recovery Fund III, L.P., WLR Recovery Associates II, LLC, and WLR Recovery Associates III, LLC, Respondents.

Thomas L. Stephenson and Andrew A. Mathias, of Nexsen Pruet, LLC, of Greenville, Russell T. Burke, of Nexsen Pruet, LLC, of Columbia and William D. Herlong, of The Herlong Law Firm, LLC, of Greenville, for Petitioner. H. Sam Mabry, III and Charles M. Sprinkle, III, of Haynsworth, Sinkler Boyd, P.A., of Greenville and Michael J. McConnell, N. Scott Fletcher and Joseph E. Finley, of Jones Day, of Atlanta, Georgia, for Respondents.

Petitioner alleges that the court of appeals erred in holding that Petitioner's breach of fiduciary duty claim against Respondents accrued during the time period covered by a release of all claims agreed to by Petitioner.

10:30 a.m. (Time Limits: 15-15-5)
2011-195208    The Home Builders Association of South Carolina and the Charleston-Trident Home Builders Association, Inc., Appellants, v. School District No. 2 of Dorchester County and the Board of Trustees for Dorchester School District No. 2, Respondents.

Frederick A. Gertz and Phong T. Nguyen, of Gertz & Moore, of Columbia, for Appellants. Charlton deSaussure, Jr., of Haynsworth Sinkler Boyd, P.A., of Charleston and Sarah P. Spruill, of Haynsworth Sinkler Boyd, P.A., of Greenville, for Respondents.

This appeal challenges the constitutionality of an Act permitting the school district to impose a fee on homebuilders.

Thursday, February 7, 2013
Supreme Court Courtroom
09:30 a.m. (Time Limits: 10-10-5)
2011-194026    South Carolina Department of Motor Vehicles, Respondent, v. Phillip Samuel Brown, Petitioner.

Heath P. Taylor, of Taylor Law Firm, LLC, of West Columbia, for Petitioner. Assistant General Counsel Linda Annette Grice, Deputy General Counsel Philip S. Porter and Deputy General Counsel Frank L. Valenta, Jr., of Blythewood, for Respondents.

This Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in S.C. Dep't of Motor Vehicles v. Brown, Op. No. 2011-UP-130 (S.C. Ct. App. filed Mar. 29, 2011), which affirmed the Administrative Law Court's order that reinstated Petitioner's license suspension following his arrest for driving under the influence. Petitioner contends the Court of Appeals erred in holding that the issue of whether the breath test was conducted pursuant to S.C. Code Ann. § 56-5-2950 (2006) was not properly preserved for appellate review.

10:00 a.m. (Time Limits: 10-10-5)
2011-195907    C-Sculptures, LLC, Respondent, v. Gregory A. Brown and Kerry W. Brown, Petitioners.

John S. Nichols, of Bluestein, Nichols, Thompson & Delgado, LLC, of Columbia, for Petitioners. D. Ryan McCabe and Stephanie C. Trotter, of McCabe Trotter Gambrell & Beverly, PC, of Columbia, for Respondent.

In this case, the Court reviews the court of appeals' decision in C-Sculptures, LLC, v. Brown, 394 S.C. 519, 716 S.E.2d 678 (Ct. App. 2011).

10:30 a.m. (Time Limits: 10-10-5)
2012-213125    In the Matter of Sandye Teague Hicks, Respondent

Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel Sabrina C. Todd, of Columbia, for the Office of Disciplinary Counsel. J. Steedley Bogan, of Columbia and Thomas S. Hicks, of Hicks Law Firm, of Wilmington, North Carolina, for Respondent.

This is a disciplinary action.

Wednesday, February 20, 2013
Supreme Court Courtroom
09:00 a.m. (Time Limits: 15-15-5)
2011-195286    Joshua Bell, Petitioner, v. Progressive Direct Insurance Company, Respondent.

Gene M. Connell, Jr., of Kelaher Connell & Connor, PC, of Surfside Beach, for Petitioner. J. R. Murphy and Ashley B. Stratton, of Murphy & Grantland, P.A., of Columbia, for Respondent. A. Johnston Cox, Jennifer E. Johnsen and Jennifer D. Eubanks, of Gallivan, White & Boyd, P.A., of Greenville, for Amicus Curiae, Allstate Property and Casualty Insurance Company. C. Mitchell Brown, of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Amicus Curiae, Property & Casualty Insurers Association of America.

Petitioner contends that the court of appeals erred in: (1) finding that the doctrine of reasonable expectations did not apply under the facts of this case; (2) refusing to adopt the doctrine because it conflicts with existing precedents; (3) finding that the insurance policy at issue in this case was not ambiguous, and therefore, Petitioner was not entitled to underinsured motorist coverage as a matter of law; (4) failing to resolve all ambiguities in the insurance policy against the insurer; and (5) finding that there was no genuine issue of material fact with respect to whether Petitioner was engaged in a common law marriage.

09:30 a.m. (Time Limits: 10-10-5)
2011-194426    Robin Carson Cantrell, Petitioner, v. Carolinas Recycling Group, Employer, and Wasau Insurance Companies, Carrier, Respondents.

Richard H. Rhodes and William H. Rhodes, of Burts Turner & Rhodes, of Spartanburg, for Petitioner. Cynthia C. Dooley and Carmelo B. Sammataro, of Turner Padget Graham & Laney, P. A., of Columbia, for Respondents.

This case is before the Court on certiorari to review the Court of Appeals' unpublished decision, 2011-UP-132 (filed March 29, 2011). The Court of Appeals affirmed the circuit court's affirmation of the Workers' Compensation Commission's order finding Petitioner's injuries not compensable.

10:00 a.m. (Time Limits: 15-15-5)
2009-143546    Auto-Owners Insurance Company, Petitioner, v. Samuel W. Rhodes, Piedmont Promotions, Inc. and Marion L. Eadon d/b/a C&B Fabrications, C&B Fabrications, Inc. and Low Country Signs, Inc., Respondents.

John Lucius McCants, of Ellis, Lawhorne & Sims, P. A., of Columbia and A. Johnston Cox, of Gallivan White & Boyd, P. A., of Columbia, for Petitioner. William O. Sweeney, III and William R. Calhoun, Jr., of Sweeny, Wingate & Barrow, P. A., of Columbia, Creighton B. Coleman, of Winnsboro, Bert G. Utsey, III, of Peters, Murdaugh, Parker Eltzroth & Detrick, of Walterboro and Matthew V. Creech, of Ridgeland, for Respondents.

This Court granted a petition for a writ of certiorari to review the decision of the Court of Appeals in Auto-Owners Ins. Co. v. Rhodes, 385 S.C. 83, 682 S.E.2d 857 (Ct. App. 2009), which affirmed as modified the circuit court's order declaring that Petitioner, a Commercial General Liability (CGL) insurer, had a duty to indemnify Marion Eadon, the sole owner and shareholder of the businesses listed as named insureds in the CGL policy, for damages arising out of a civil action.

Thursday, February 21, 2013
Supreme Court Courtroom
09:30 a.m. (Time Limits: 10-10-5)
2010-155046    John Thomas Ross, Appellant, v. Waccamaw Community Hospital, Dr. Webster N. Jones, III, and Dr. David R. Anderson, Defendants, Of whom, Dr. Webster N. Jones, III, and Dr. David R. Anderson are, Respondents.

Karl S. Brehmer and L. Darby Plexico, III, of Brown & Brehmer, of Columbia, for Appellant. Andrew F. Lindemann, of Davidson & Lindemann, P. A., of Columbia and Darren K. Sanders, of Buyck & Sanders, LLC, of Mt. Pleasant and John B. McCutcheon, Jr. and Lisa A. Thomas, of Thompson & Henry, P. A., of Conway, for Respondents.

John Thomas Ross appeals the circuit court's dismissal of his two Notices of Intent to File Suit for a medical malpractice cause of action. He maintains the court erred in applying the rules of civil procedure instead of the Alternative Dispute Resolution rules. He also contends the court erred in dismissing the lawsuits instead of his Notices of Intent. He further argues the court's order is unclear if it dismisses one or both of the Notices.

10:00 a.m. (Time Limits: 10-10-5)
2011-192466    Mountain View Baptist Church, Respondent, v. Bobby Lee Burdine, Petitioner.

Kirby R. Mitchell and Michael S. Gambrell, of South Carolina Legal Services, of Columbia, for Petitioner. Candy M. Kern-Fuller, of Upstate Law Group, LLC, of Easley, for Respondent.

This Court granted a writ of certiorari to review the court of appeals' opinion in Mountain View Baptist Church v. Burdine, Op. No. 2011-UP-061 (S.C. Ct. App. filed Feb. 16, 2011), which reversed the circuit court's order holding the magistrate did not have subject matter jurisdiction over the ejectment proceedings.

10:30 a.m. (Time Limits: 10-10-5)
2012-213120    In the Matter of J. David Flowers, Respondent.

Disciplinary Counsel Lesley M. Coggiola and Assistant Disciplinary Counsel Ericka M. Williams, of Columbia, for the Office of Disciplinary Counsel. Desa Allen Ballard, of Ballard Watson Weissenstein, of West Columbia, for Respondent.

This is a disciplinary action.

 

Cases to be Submitted Without Oral Argument

Eduardo Martinez, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Kathrine Haggard Hudgins of Columbia, for Petitioner. Attorney General Alan R. Wilson and Assistant Attorney General Ashleigh Rayanna Wilson, of Columbia, for Respondent.

Gregory McHam, Petitioner, v. State of South Carolina, Respondent.

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 Attorney General Suzanne Hollifield White, of Columbia, for Respondent.

Francis O. Campbell, Petitioner, v. State of South Carolina, Respondent.

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General Robert Daniel Corney, of Columbia, for Respondent.