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Supreme Court - Roster of Cases for Hearing

December 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.
Wednesday, December 4, 2013
Supreme Court Courtroom
09:30 a.m. (Time Limits: 10-10-5)
2011-205206    The State, Respondent, v. Travis Jones, Appellant.

Appellate Defender Benjamin John Tripp, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., of Columbia, for Respondent.

In this direct appeal the appellant asserts the failure to give his requested jury charge on witness credibility was reversible error.

10:00 a.m. (Time Limits: 10-10-5)
2012-207047    In the Matter of Estate of Margaret Dever Hover Gurnham, a/k/a Margaret D. Hover. Beach First National Bank, Respondent, v. The Estate of Margaret Gurnham, a/k/a Margaret D. Hover and/or Brian Hover, Its Personal Representative, Appellants.

Jonathan Brent Kiker, of Kiker Law Firm, of Hilton Head Island, for Appellant. William Weston Jones Newton, of Jones Simpson & Newton, PA, of Bluffton, and James B. Richardson, Jr., of Columbia, for Respondent.

Appellant, who is the Personal Representative of the Estate of Margaret Gurnham a/k/a Margaret D. Hover, appeals the circuit court's order affirming the probate court's grant of summary judgment in favor of Beach First National Bank to enforce a deficiency judgment against the Estate. Appellant argues the court erred as the Bank's claim was untimely and, thus, barred by the applicable statute of limitations.

10:30 a.m. (Time Limits: 10-10-5)
2011-201946    Ronald Grubb, as PR of the Estate of Joyce Grubb, Appellant, v. Clarendon Memorial Hospital, Respondent.

John W. Carrigg, Jr., of Carrigg Law Firm, of Lexington, for Appellant. Hugh Willcox Buyck, of Buyck and Sanders Law Firm, LLC, of Mt. Pleasant and Deborah Harrison Sheffield, of Columbia, for Respondent.

In this appeal, the Court reviews the circuit court's order granting judgment in favor of Respondent, Clarendon Memorial Hospital, because Appellant's filing of a Notice of Intent to File Suit did not toll the applicable statute of limitations under the South Carolina Tort Claims Act, and alternatively, if the Notice of Intent to File Suit was deemed sufficient to toll the statute of limitations, because Appellant did not participate in mediation as required by South Carolina Code ยง 15-79-125(C).

Thursday, December 5, 2013
Supreme Court Courtroom
09:30 a.m. (Time Limits: 15-15-5)
2011-204288    The State, Respondent, v. Donta Reid, Appellant.

Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Assistant Attorney General Jennifer Ellis Roberts and Assistant Attorney General Mark R. Farthing, all of Columbia, for Respondent. Christopher D. Scalzo, Greenville, for Amicus Curiae, South Carolina Public Defender Association.

In this direct appeal from a criminal conviction, Donta Reid argues the trial court erred in failing to suppress a statement taken by police in violation of his Sixth Amendment right to counsel and in failing to direct a verdict in his favor on the charges of possession of a firearm.

10:00 a.m. (Time Limits: 15-15-5)
2011-203088    Wachovia Bank, National Association, Petitioner, v. William E. Blackburn; Judith Blackburn; Tammy S. Winner; Watson E. Felder; Gary F. Ownbey and South Island Plantation Association, Inc. are, Defendants, Of Whom William E. Blackburn; Judith Blackburn are, Respondents, v. Winyah Bay Holdings, LLC; Source One Properties, LLC; and Waterpointe Realty, LLC, Third Party Defendants.

Robert C. Byrd, of Parker Poe Adams & Bernstein, LLP, and Henry Wilkins Frampton, IV, of K&L Gates, LLP, both of Charleston, for Petitioner. Glenn V. Ohanesian, of Ohanesian & Ohanesian, of Myrtle Beach, for Respondents.

This case deals with whether a jury trial waiver in a note to finance a land purchase encompasses only a bank's mortgage foreclosure claim or also the counterclaims involving negligent misrepresentation, fraud, and breach of contract.

10:30 a.m. (Time Limits: 10-10-5)
2012-212988    Jeffrey D. Allen, on behalf of Jane Doe, Appellant, v. South Carolina Public Employee Benefit Authority, Employee Insurance Program, Respondent.

John A. Massalon, of Wills Massalon & Allen LLC, of Charleston and Terry E. Richardson, Jr., of Richardson Patrick Westbrook & Brickman, LLC, of Barnwell, for Appellant. Theodore DuBose Willard, Jr., of Montgomery Willard, LLC, and Stephen Raymond Van Camp, both of Columbia, for Respondents.

This case concerns the denial of benefits for diabetes education training under the Group Health Benefits Plan of the Employees of the State of South Carolina.