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Supreme Court - Roster of Cases for Hearing

March 2014

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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, March 4, 2014
Supreme Court Courtroom
09:30 a.m. (Time Limits: 15-15-5)
2013-001766    Ashley II of Charleston, L.L.C., Plaintiff, v. PCS Nitrogen, Inc., Defendant-Third-Party Plaintiff, v. Ross Development Corporation; Koninklijke DSM N.V.; DSM Chemicals of North America, Inc; James H. Holcombe; J. Holcombe Enterprises, L.P.; J. Henry Fair, Jr.; Allwaste Tank Cleaning, Inc.; Robin Hood Container Express; and the City of Charleston, Third-Party Defendants.

William Howell Morrison, of Haynsworth Sinkler Boyd, P.A., of Charleston, John B. Williams, of Cozen O'Connor, of Washington, DC, and Sandra Kaczmarczyk, of Alton Associates, PLLC, of Washington, DC, for Defendant/Third Party Plaintiff. G. Trenholm Walker and Daniel S. McQueeney, Jr., both of Pratt-Thomas Walker, P.A., of Charleston, and T. McRoy Shelley, III, of Rogers, Townsend & Thomas, PC, of Columbia, for Third-Party Defendant.

The United States District Court for the District of South Carolina asks this court to construe an indemnification provision.

10:00 a.m. (Time Limits: 10-10-5)
2012-212894    CitiMortgage, Inc., Respondent, v. William H. Smith, Jr., a/k/a William H. Smith, Angella S. Smith and The South Carolina Department of Revenue, Defendants, Of whom William H. Smith, Jr., a/k/a William H. Smith and Angella S. Smith are, Appellants.

Bridget D. Swing, of Greenville, for Appellant. Thad H. Westbrook and Sarah B. Nielsen, both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Respondent.

This case presents the question of whether South Carolina Supreme Court Administrative Order No. 2011-05-02-01 permits a party who had previously defaulted in a foreclosure action to file an answer and counterclaim following the completion of the mandated foreclosure intervention.

10:30 a.m. (Time Limits: 15-15-5)
2011-193887    The State, Respondent, v. Damien Inman, Appellant.

Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, and Solicitor William B. Rogers, Jr., of Bennettsville, for Respondent.

In this case, a juvenile convicted of both non-homicide and homicide offenses challenges the circuit court's admission of a witness's out-of-court identification, rulings on two Batson motions, and sentence imposed on the juvenile for the juvenile's crimes.

Wednesday, March 5, 2014
Supreme Court Courtroom
09:30 a.m. (Time Limits: 15-15-5)
2013-001219    The State, Respondent, v. Curtis J. Simms, Appellant.

Chief Appellate Defender Robert M. Dudek, Appellate Defender David Alexander, Appellate Defender Susan B. Hackett, and Jonathan S. Gasser, of Harris & Gasser, LLC, all of Columbia, for Appellant. Attorney General Alan Wilson, Senior Assistant Deputy Attorney General Salley W. Elliott and Solicitor Joanna Ashlyn McDuffie, all of Columbia, for Respondent.

In this direct appeal appellant contends the trial court erred in an evidentiary ruling, in denying appellant's directed verdict motion, and in imposing an illegal sentence.

10:00 a.m. (Time Limits: 10-10-5)
2012-213231    Patricia Brouwer, Appellant, v. Sisters of Charity Providence Hospitals; South Carolina ENT, Allergy & Sleep Medicine, P.A.; Robert Puchalski, M.D.; Francine K. Moring, M.D.; Jane Does and John Does, Defendants, Of whom South Carolina ENT, Allergy and Sleep Medicine, P.A.; Robert Puchalski, M.D.; and Francine K. Moring, M.D. are, Respondents.

Daryl G. Hawkins of Law Office of Daryl G. Hawkins, LLC, of Columbia, for Appellant. Andrew F. Lindemann and William H. Davidson, II, both of Davidson & Lindemann, PA, of Columbia, William O. Sweeny, III and Benson Hall Driggers, both of Sweeny Wingate & Barrow, PA, of Columbia, for Respondents.

In this direct appeal, the Court reviews the circuit court's order granting Respondents' motion to dismiss Appellant's Notice of Intent to File Suit in a medical malpractice case for failure to file an expert affidavit pursuant to section 15-79-125 of the South Carolina Code.

10:30 a.m. (Time Limits: 10-10-5)
2012-212996    Matthew Jamison, Respondent, v. State of South Carolina, Petitioner.

Attorney General Alan Wilson, Chief Deputy Attorney General John E. McIntosh, Senior Assistant Deputy Attorney General Salley Elliott and Assistant Attorney General Brian T. Petrano, of Columbia, for Petitioner. Tricia A. Blanchette, of Law Office of Tricia A. Blanchette, LLC, of Columbia, for Respondent.

In this post-conviction relief matter, the Court reviews the court of appeals' decision in Jamison v. State, Op. No. 2012-UP-437 (S.C. Ct. App. filed July 18, 2012).

Thursday, March 6, 2014
Supreme Court Courtroom
09:30 a.m. (Time Limits: 15-15-5)
2013-001634    Howard Hammer, Appellant, v. Shirley Hammer, a/k/a Shirley Grace Hightower, Respondent. And 1634 Main, L.P., Appellant, v. Shirley Hammer a/k/a Shirley Grace Hightower, Respondent, v. Howard Hammer, Appellant.

Susan Batten Lipscomb, of Lipscomb Law Firm, PA, of Columbia, Arthur Kerr Aiken, of Aiken & Hightower, of Columbia, and M. Dawes Cooke, Jr., of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Appellants. Desa Allen Ballard and Stephanie Nichole Weissenstein, both of Ballard Watson Weissenstein, of West Columbia, for Respondent.

In this direct appeal, the appellants argue the circuit court erred in awarding the respondent damages for frustration on her abuse of process claim. They also contend the circuit court erred in awarding sanctions on the basis the respondents' motion was untimely.

10:00 a.m. (Time Limits: 20-20-5)
2013-001530    Amisub of South Carolina, Inc., AnMed Enterprises, Inc./HealthSouth, LLC, Georgetown Memorial Hospital, Hilton Head Health System, L.P., Medical University Hospital Authority, Piedmont HealthSouth Rehabilitation, LLC, The Regional Medical Center of Orangeburg and Calhoun Counties, Trident NeuroSciences Center, LLC, Waccamaw Community Hospital, Abbeville Nursing Home, Inc., South Carolina Hospital Association, and South Carolina Health Care Association, Petitioners, v. South Carolina Department of Health and Environmental Control, Respondent.

C. Mitchell Brown and Travis Dayhuff, both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, and William W. Wilkins, Andrew A. Mathias and Burl F. Williams, all of Nexsen Pruet, LLC, of Greenville, for Petitioners. General Counsel W. Marshall Taylor, Jr. and Associate General Counsel Ashley C. Biggers and James B. Richardson, Jr., all of Columbia, for Respondent. Chief Legal Counsel Swati S. Patel for the Office of the Governor, and M. Todd Carroll and Kevin A. Hall, both of Womble Carlyle Sandridge & Rice, LLP, of Columbia, for Amicus Curiae, The Office of the Governor.

This case is before the Court in its original jurisdiction to consider whether the South Carolina Department of Health and Environmental Control (DHEC) is required to continue administering and funding the Certificate of Need Program after the House of Representatives sustained the Governor's line-item veto of funding for the program in the 2013-2014 General Appropriations Act.

10:30 a.m. (Time Limits: 10-10-5)
2012-212693    Ernest L. Cobb and Nancy Cobb, Respondents, v. Dan M. Lafoy, Appellant.

Robert Daniel Moseley, Jr. and Joseph William Rohe, both of Smith Moore Leatherwood, LLP, of Greenville, for Appellant. Larry C. Brandt, of Walhalla, for Respondents.

The defendant appeals an order granting the plaintiffs a new trial.

Tuesday, March 18, 2014
Supreme Court Courtroom
09:30 a.m. (Time Limits: 10-10-5)
2012-210306    The State, Respondent, v. Erick Eton Hewins, Appellant.

Appellate Defender Carmen Vaughn Ganjehsani, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Respondent.

Erick Hewins appeals his conviction for possession of crack cocaine on the ground the circuit court judge erred in denying his motion to suppress evidence of the drugs. Specifically, Hewins contends the judge erred in ruling Hewins was collaterally estopped from challenging the propriety of the search of his vehicle that precipitated the charge because Hewins waived any challenge when he was convicted in municipal court of an open container violation resulting from the same search.

10:00 a.m. (Time Limits: 10-10-5)
2012-212190    Robert Crossland, Respondent, v. Shirley Crossland, Petitioner.

Brian Dumas, of Columbia, for Petitioner. Melvin D. Bannister, of Columbia, for Respondent.

In this case, the Court reviews the court of appeals' decision in Crossland v. Crossland, 397 S.C. 406, 725 S.E.2d 509 (Ct. App. 2012). Specifically, wife challenges the court of appeals' finding that the family court was required to consider her eligibility to receive social security benefits in determining alimony and its modification of the family court's equitable division and attorney's fees award.

10:30 a.m. (Time Limits: 10-10-5)
2012-213017    The State, Petitioner, v. James Ervin Ramsey, Respondent.

Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Deputy Attorney General Robert D. Cook, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General Christina J. Catoe and Deputy Assistant Attorney Genearl Curtis A. Pauling, III, all of Columbia, for Petitioner. Christopher A. Wellborn, of Christopher A. Wellborn P.A., of Rock Hill, for Respondent.

On writ of certiorari, the State argues the court of appeals erred in affirming the dismissal of the repondent's case for lack of jurisdiction.

Wednesday, March 19, 2014
Supreme Court Courtroom
09:30 a.m. (Time Limits: 15-15-5)
2012-212203    Carmax Auto Superstores West Coast, Inc., Respondent/Petitioner, v. South Carolina Department of Revenue, Petitioner/Respondent.

Counsel for Litigation Adam N. Marinelli, Counsel for Litigation, Roxanna M. Tinsley and Chief Counsel for Litigation, Milton G. Kimpson, all of South Carolina Department of Revenue, of Columbia, for Petitioner/Respondent. John C. von Lehe and Bryson M. Geer, both of Nelson Mullins Riley & Scarborough LLP, of Charleston, for Respondent/Petitioner. Robert L. Widener and Erik P. Doerring, both of the McNair Law Firm, PA, of Columbia, for Amicus Curiae, South Carolina State Chamber of Commerce. Burnet R. Maybank, III, of Nexsen Pruet, LLC, of Columbia and Alexandra E. Sampson, of Washington, DC, both for Amicus Curiae, Council on State Taxation.

On appeal, Petitioner-Respondent Carmax Auto Superstores West Coast, Inc. (CarMax West) argues the court of appeals erred in (1) affirming the ALC's finding that CarMax West was not a unitary business, (2) failing to rule that the financing receipts at issue should not be sourced to South Carolina, and (3) failing to decide that South Carolina Department of Revenue's assessment violates CarMax West's constitutional rights. Petitioner-Respondent South Carolina Department of Revenue asserts the court of appeals erred in interpreting section 12-6-2320 of the South Carolina Code to require the Department to demonstrate that its alternative method of apportionment for taxes is "more appropriate than any competing methods." The Court requested the parties brief whether the court of appeals' decision in the instant case is appealable.

10:00 a.m. (Time Limits: 10-10-5)
2012-213008    Akim A. Anastopoulo, Appellant, v. Edward R. Cole, Individually and as Employee/Agent of Turner, Padget, Graham & Laney, P.A., and Turner Padget, Graham & Laney, P.A. and Nationwide Mutual Insurance Company, Respondents.

Eric Marc Poulin and Roy T. Willey, IV, both of Anastopoulo Law Firm, LLC, of North Charleston, for Appellant. Kevin Mitchell Barth, of Ballenger, Barth, Hoefer and Lewis, L.L.P., of Florence, and Regina Hollins Lewis, of Gaffney, Lewis & Edwards, LLC, of Columbia, for Respondent.

This case concerns alleged defamatory statements made during a legal proceeding and their interplay with the Judicial Proceedings Privilege.