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South Carolina
Judicial Branch
Court of Appeals - Roster of Cases for Hearing

   

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, May 4, 2021
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2018-002056    The State, Respondent, v. Randy Collins, Appellant.

Chief Appellate Defender Robert Michael Dudek, of Columbia; and E. Brandon Gaskins, of Moore & Van Allen, PLLC, of Charleston, both for Appellant. Attorney General Alan McCrory Wilson and Jonathan Scott Matthews, both of Columbia, for Respondent.

Randy Collins appeals from his first-degree arson and conspiracy convictions asserting the trial court erred in (1) ruling his statement admissible when it was induced by deception regarding its use, promises of leniency, threats of severe punishment, and other factors rendering it involuntarily made and (2) refusing to require further evaluation of him for competency to stand trial when the Department of Mental Health examiners concluded that there was indication he suffered intellectual disabilities.

 10:40 a.m. (Time Limits: 15-15-5-5)  
2018-001868    South Carolina Department of Health and Environmental Control, Appellant/Respondent, v. James W. Davenport, Respondent/Appellant.

Ashley Caroline Biggers and Vito Michael Wicevic, both of Columbia, for Appellant-Respondent. David Eliot Rothstein, of Rothstein Law Firm, P.A., of Greenville, for Respondent-Appellant.

This is a cross-appeal from the Administrative Law Court's (ALC) award of attorneys' fees. The Department of Health and Environmental Control (DHEC) argues the case was a "disciplinary action" and not a "civil action" covered by section 15-77-300 (authorizing attorneys' fees against the State). DHEC also contends its case had a reasonable basis and that fees are barred even if the statute applies. James Davenport argues the ALC erred in not awarding the full amount of requested fees and in declining to award costs.

Wednesday, May 5, 2021
Court Room I
 10:00 a.m. (Time Limits: 15-15-5)  
2018-002046    Quincy Allen, #6019, Appellant, v. South Carolina Department of Corrections, Respondent.

E. Charles Grose, Jr., of Grose Law Firm, of Greenwood, for Appellant. Annie Laurie Rumler and Christina Catoe Bigelow, both of Columbia, for Respondent.

Quincy Allen appeals the Administrative Law Court's (ALC) dismissal of his appeal from the denial of his inmate grievance. On appeal, he argues the ALC erred by holding it lacked jurisdiction to hear his case because the South Carolina Department of Corrections' (SCDC's) denial of his visitation with persons he did not know prior to his incarceration implicated a state-created liberty interest.

 10:40 a.m. (Time Limits: 15-15-5)  
2018-000889    Amanda Leigh Huskins and Jay R. Huskins, Appellants, v. Mungo Homes, LLC, Respondent.

Charles Harry McDonald, of Belser & Belser, PA, of Columbia; Beth B. Richardson, of Robinson Gray Stepp & Laffitte, LLC, of Columbia; Brady Ryan Thomas, of Richardson, Thomas, Haltiwanger, Moore & Lewis, of Columbia; Terry E. Richardson, Jr., of Richardson, Thomas, Haltiwanger, Moore & Lewis, of Barnwell; and Matthew Anderson Nickles, of Rogers, Patrick, Westbrook & Brickman, LLC, of Columbia, all for Appellants. Steven Raymond Kropski, of Charleston; and David W. Overstreet, of Mount Pleasant, both for Respondent.

Amanda Leigh Huskins and Jay R. Huskins (collectively, the Huskins) appeal the circuit court's order granting Mungo Homes, LLC's (Mungo's) motion to dismiss and compel arbitration, arguing the circuit court erred by (1) finding the limitations period contained in the arbitration provision was not one-sided, oppressive, and unconscionable, (2) finding the arbitration provision applied mutually to Mungo and the Huskins, (3) failing to consider the one-sided and oppressive terms of a limited warranty provision in determining whether the arbitration agreement was unconscionable, and (4) granting the motion to dismiss the Huskins' claims involving the limited warranty provision even though it concluded the arbitration provision did not include claims arising under the limited warranty provision.

Tuesday, May 11, 2021
Court Room I
 11:20 a.m. (Time Limits: 10-10-5)  
2019-000856    Debra O'Conner, as Personal Representative of the Estate of Sandy Lynn Shook, Appellant, v. Aaron Collier, Respondent.

Eric Marc Poulin, of Anastopoulo Law Firm, LLC, of Charleston and Roy T. Willey, IV, of Charleston, all for Appellant. Michelle N Endemann, of Charleston; and Michael T. Coulter, of Clarkson, Walsh & Coulter, P.A., of Greenville, both for Respondent.

Debra O'Connor, as personal representative of the estate of Sandy Lynn Shook, argues the circuit court erred in granting Aaron Collier's motion to enforce settlement because no settlement agreement existed when Progressive Northern Insurance Company issued a second check after the deadline to an address other than the one listed in the offer of compromise.

Monday, May 3, 2021
Virtual Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2018-001852    The State, Respondent, v. James Kester, Appellant.

Dayne C. Phillips, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Joshua Abraham Edwards, both of Columbia, for Respondent.

James Kester appeals his convictions for eight count of first-degree assault and battery and one count of third-degree assault and battery. Kester argues the trial court erred in permitting Kester to represent himself at trial, in failing to grant a mistrial after giving a coercive Allen charge, and in imposing consecutive sentences amounting to a de facto life sentence.

 10:40 a.m. (Time Limits: 10-10-5)  
2018-001885    Glenn P. Howell, Appellant, v. Covalent Chemical, LLC, and Matthew W. Rowe, Respondents.

David Eliot Rothstein, of Rothstein Law Firm, P.A., of Greenville, for Appellant. Joseph Owen Smith, of Smith Hudson Law, LLC, of Greenville, for Respondents.

In this action brought pursuant to the South Carolina Payment of Wages Act, Appellant Glenn P. Howell ("Employee") challenges the circuit court's order dismissing the action for lack of proper venue. Employee argues the circuit court erred by failing to construe his ambiguous employment contract with Respondent Covalent Chemical, LLC ("Employer") against Employer because Employer drafted the contract. Employee also argues the circuit court improperly disregarded section 15-7-120(A) of the South Carolina Code because the statute overrides contractual forum selection provisions.

Thursday, May 6, 2021
Virtual Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2018-002114    5Star Life Insurance Co., Appellant, v. Peek Performance, Inc., Respondent.

William Stevens Brown, V, Miles Edward Coleman and David Curry Dill, all of Nelson Mullins Riley & Scarborough, LLP, of Greenville, for Appellant. James G. Carpenter, of Carpenter Law Firm, PC, of Greenville, for Respondent.

In this appeal, 5Star Life Insurance Company (5Star) appeals the trial court's order entering an entry of default and default judgment on Peek Performance, Inc.'s (Peek) counterclaims and ordering 5Star to respond to Peek's discovery requests. 5Star argues the trial court erred in (1) entering an entry of default and a default judgment when Peek's pleading did not contain a claim to which a responsive pleading was required; (2) entering a default judgment before entering an entry of default; (3) awarding a default judgment without holding a damages hearing; (4) denying 5Star's motions to set aside the entry of default, to set aside the default judgment, and to alter or amend its judgment under Rules 55(c), 60(b), and 59(e), SCRCP, respectively; (5) compelling discovery when Peek had not requested that relief; and (6) failing to apply Virginia law.

Tuesday, May 11, 2021
Virtual Courtroom I
 10:40 a.m. (Time Limits: 10-10-5)  
2017-002519    County of Florence and Thomas J. Hewitt, Respondents, v. Carol Eagerton, Appellant.

D. Malloy McEachin, Jr., of McEachin & McEachin, P.A., of Florence, for Respondents. Rose Mary Parham, of Parham Law Firm, LLC, of Florence, for Appellant.

The County of Florence filed an action seeking injunctive relief against Carol Eagerton and a declaration that Hewitt Cemetery Road is a public road under the theory of a prescriptive easement or through public dedication. Eagerton appeals the circuit court's determination that the public, by dedication or prescription, acquired the right to use Hewitt Cemetery Road as part of the county road system.

Thursday, May 13, 2021
Virtual Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2018-001916    The State, Respondent, v. Meleke Da'Shawn Stewart, Appellant.

Tommy Arthur Thomas, of Irmo, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Caroline M. Scrantom, all of Columbia, for Respondent.

In this criminal appeal, Meleke Stewart asserts the trial court erred (1) in admitting evidence retrieved from a warrantless search of his cell phone's data and (2) in admitting incriminating statements he made during custodial interrogation due to the unavailability of the interrogating officer at trial.

Tuesday, May 4, 2021
Virtual Courtroom II
 10:00 a.m. (Time Limits: 10-10-5)  
2018-001991    Angela H. Bain, Appellant, v. Denise C. Lawson and Kenneth L. Childs, Respondents.

J. Lewis Cromer and Shannon Marie Polvi, both of Cromer Babb Porter & Hicks, LLC, of Columbia, for Appellant. Michael H. Montgomery, of Montgomery Willard, LLC, of Columbia, for Respondent Kenneth L. Childs. Eugene Hamilton Matthews, of Richardson Plowden & Robinson, PA, of Columbia, for Respondent Denise C. Lawson.

Appellant Angela Bain, a former Chester County School District Superintendent, brought causes of action for defamation and civil conspiracy against Respondents Kenneth Childs (attorney) and Denise Lawson (Chair of the Chester County School Board). Appellant alleged the Respondents conspired to terminate Appellant's contract with the Chester County School District. Respondents filed respective 12(b)(6) motions to dismiss the action. Pursuant to Respondent Childs's 12(b)(6) motion, the circuit court dismissed Appellant's claims for defamation against Respondent Childs, and the civil conspiracy claim against both Respondents. The circuit court denied Respondent Lawson's motion to dismiss the defamation action. On appeal, Appellant argues the circuit court erred by granting Respondents Childs motion to dismiss. Appellant argues: (1) the circuit court improperly relied on documents outside of pleadings for the basis of dismissal; and (2) the circuit court incorrectly found all of Respondent's Childs' conduct, statements, and communications were within the attorney-client privilege. Furthermore, Appellant contends she should be allowed leave to amend her complaint.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2018-001536    Palmetto Wildlife Extractors, LLC and Patrick Charping, Respondents, v. Justin Ludy and First Community Bank Corporation d/b/a First Community Bank, Appellants, of whom Justin Ludy is the Appellant.

Wesley D. Few, of Wesley D. Few LLC, of Greenville, for Appellant. Margaret Nicole Fox and James Mixon Griffin, both of Griffin ? Davis, of Columbia, for Respondents.

In this LLC member dispute, Justin Ludy appeals the circuit court's denial of his motion to compel arbitration of certain claims because the parties' Operating Agreement provided "any dispute" about arbitrability would be decided in arbitration.

 
 11:20 a.m.
2020-000168    Jane and John Doe, Respondents, v. Nikki Gardner, Jeremy Gardner, and SCDSS, Defendants, Of whom Nikki Gardner is the Appellant and Jeremy Gardner and SCDSS are Respondents. In the interest of a minor under the age of eighteen.

 
 11:20 a.m.
2020-000254    Jane and John Doe, Respondents, v. Nikki Gardner, Jeremy Gardner, and SCDSS, Defendants, Of whom Jeremy Gardner is the Appellant. In the interest of a minor under the age of eighteen.

 
Cases to be Submitted Without Oral Argument
2019-000553    Gregory Mackey, #136609, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent.

2019-000365    The State, Respondent, v. David Paul Merritt, Appellant.

2019-000219    The State, Respondent, v. Johnnie Lee McKnight, Appellant.

2018-002265    The State, Respondent, v. Marreese Jamaul Fripp, Appellant.

2018-002020    John M. Cureton, III, Petitioner, v. State of South Carolina, Respondent.

2019-000303    The State, Respondent, v. Rias Odell Isaac, Appellant.

2018-002167    Isaac Smith, Jr., Appellant, v. Johnnie Mae Muller Newton, Respondent.

2019-001197    Terry Cooper, Petitioner, v. State of South Carolina, Respondent.

2019-000284    The State, Respondent, v. Tyquin Terrell Jenkins, Appellant.

2019-001848    The State, Respondent, v. Courtney Elizabeth Brock, Appellant.

2019-001976    The State, Respondent, v. Carnell Davis, Appellant.

2018-001769    The State, Respondent, v. Olandio R. Workman, Appellant.

2019-001804    South Carolina Department of Social Services, Respondent, v. Kyle Heath, Shana Heath, and Casey Cargo, Defendants, Of whom Kyle Heath and Shana Heath are the Appellants and Casey Cargo is a Respondent. In the interest of minors under the age of eighteen.

2018-001658    The State, Respondent, v. Lawrence Orlando Postell, Appellant.

2018-002258    The State, Respondent, v. Fredrick Harrison Towe, Appellant.

2019-001384    The State, Respondent, v. Joseph Edward Swearingen III, Appellant.

2019-000123    The State, Respondent, v. Allen Charron Williams, Jr., Appellant.

2019-000302    The State, Respondent, v. William Earl Sherley, Appellant.

2019-000120    Gary Griffin and Rachel Griffin, Appellants, v. Shannon Rollings, d/b/a Shannon Rollings Real Estate, LLC, Respondent.

2019-000865    Travis Hair, Petitioner, v. State of South Carolina, Respondent.

2019-000371    Jakeivan A. Pulley, Petitioner, v. State of South Carolina, Respondent.

2019-000391    The State, Respondent, v. Thomas Harold Sailors, Jr., Appellant.

2018-002091    The State, Respondent, v. Mark Lorenzo Blake Jr., Appellant

2019-000438    The State, Respondent, v. Richard Douglas Waldrup, Appellant.

2019-000592    The State, Respondent, v. Lamont Seldon, Appellant.

2019-000492    The State,Respondent, v. Dontarious Jaron Wright, Appellant.

2018-002199    Wilmington Savings Fund Society, FSB, D/B/A Christiana Trust as Owner Trustee of the Residential Credit Opportunities Trust V, Respondent, v. Leroy Hooks, II; Ford Motor Credit Company, LLC, Defendants, Of whom Leroy Hooks, II is the Appellant, And Patricia A. Wheeler and Maria D. Williams, Respondents.

2019-000181    M.R. Jackson Construction, LLC, Appellant, v. State Farm Insurance and Barbara J. Fields, Respondents.

2019-001334    Sara Hodson, Petitioner, v. State of South Carolina, Respondent.

2019-000346    Ryais Ryche Rivers, Petitioner, v. State of South Carolina, Respondent.

2018-002228    Bayview Loan Servicing, LLC, a Delaware Limited Liability Company, Respondent, v. Isabelle Murray, William Murray, Bernard Murray, Roland Murray, County of Charleston and the South Carolina Department of Revenue, Defendants, Of Whom Bernard Murray and Roland Murray are the Appellants.

2018-002070    Wells Fargo Bank, N.A., Respondent, v. D. Bruce Wolff, Appellant.

2018-002169    Edward W. Stackhouse, Petitioner, v. State of South Carolina, Respondent.

2018-002171    Larry Brayboy, Petitioner, v. State of South Carolina, Respondent.

2019-001342    Auston Lee Breazeal, Petitioner, v. State of South Carolina, Respondent.

2019-000142    The State, Respondent, v. Evodio Hernandez-Santo, Appellant.

2018-000355    JPMorgan Chase Bank, National Association, Respondent, v. Fritz A. Timmons, Appellant.

2019-000747    The State, Respondent, v. Randy Chestnut, Appellant.

2019-002106    The State, Respondent, v. Jacob Ryan Aljoe, Appellant.

2019-001347    John A. Duckett, Petitioner, v. State of South Carolina, Respondent.

2018-001137    Benjamin J. Newman, Petitioner, v. State of South Carolina, Respondent

2019-000288    Ex Parte: Daniel Geitner, Appellant In Re: Kelly Sims, Respondent, v. Sharon Enteen-Prusso a/k/a Sharon Enteen and Falcon Ridge, Inc., Defendants.

2019-000857    The State, Respondent, v. Courtney Anthony Smith, Appellant.

2019-000190    Ascension Forensic, LLC, Respondent, v. Patricia B. Clark, Appellant.

2018-000373    The State, Respondent, v. Varsheen Antuan Smith, Appellant.