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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, November 5, 2019
Court Room I
 10:40 a.m. (Time Limits: 10-10-5)  
2016-000283    Frederick Robert Chappell, Petitioner, v. State of South Carolina, Respondent.

Deputy Chief Appellate Defender Wanda H. Carter, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Taylor Zane Smith, both of Columbia, for Respondent.

Petitioner Frederick Chappell appeals the denial of post-conviction relief (PCR), arguing the PCR court erred in finding trial counsel was not deficient for failing to object to improper bolstering testimony given by the State's child sexual abuse expert.

 11:20 a.m. (Time Limits: 10-10-5)  
2017-001270    Andrew and Kimberly McIntire, Appellants, v. Seaquest Development Company, Inc.; Red Bay Constructors Corp,; Benzenberg Custom Cabinets, Inc.; Jonathan Marshall Construction; Coastal Window & Door Center of Charleston, LLC; Carolina Window & Millwork, LLC n/k/a Carolina Window & Millwork-Omni Glass Industries, LLC; Southcoast Exteriors, Inc.; Michael Casteen d/b/a Casteen Custom Cabinets; Quality Cedar Products, Inc. of Michigan d/b/a Michigan Prestain Co.; Coastal Plumbing & Gas, LLC; Foam Insulation Co. Inc.; Jerry Comer d/b/a Jerry's Tile & Marble, LLC; Lowcountry Fireplaces, Inc; Carolina Pest Solutions, Inc.; New South Construction Supply, LLC, Defendants, Of which Seaquest Development Company, Inc. is the Respondent.

Andrew K. Epting, Jr. and Jaan Gunnar Rannik, both of Andrew K. Epting, Jr., LLC, of Charleston, for Appellants. Michelle Nicole Endemann of Clarkson, Walsh & Coulter, P.A., of Mt. Pleasant, for Appellants. Edward D. Buckley, Jr., Stephen Lynwood Brown, Russell Grainger Hines, and Jason Alan Daigle, all of Young Clement Rivers, of Charleston, for Respondent.

In this residential construction defect case, Andrew and Kimberly McIntire (Appellants) appeal from the trial court's denial of their motion to compel arbitration with general contractor Seaquest Development Company, Inc. (Respondent). Appellants argue the trial court erred in (1) not ordering the dispute to arbitration when the parties' contract contained a valid arbitration clause; (2) addressing issues of statute of limitations, right to cure, and waiver when the court's sole jurisdiction was to decide the question of arbitrability; and (3) dismissing the case for failure to comply with the Right to Cure Act.

Wednesday, November 6, 2019
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2017-002095    Elizabeth Earley, John Earley, Lloyd Wilkins, Henry Kerns, Margie Mills Kerns, Donna Pearson, and Bruce Pearson, Appellants, v. The City of Woodruff, SC, and the Terraces at Woodruff, a South Carolina Limited Liability Company, Respondents.

Nathan A. Earle of Nathan A. Earle, Attorney at Law, of Greer, for Appellants. Terry F. Clark of Lyles, Darr & Clark, LLC, of Woodruff, for Respondent The City of Woodruff, Danny Calvert Crowe of Crowe LaFave, LLC, of Columbia, for Respondent The City of Woodruff. Michael Andrew Graham of The Law Offices of Michael A. Graham, LLC, of Columbia SC for Respondent Terraces at Woodruff, a South Carolina Limited Liability Company.

The appellants are homeowners in a neighborhood near a parcel of land rezoned by the City of Woodruff (the City) for the development of duplex housing by The Terraces at Woodruff (the Terraces). The appellants (Homeowners) appeal the circuit court's decision dismissing their suit against the City and the Terraces arguing the circuit court erred in finding Homeowners lacked standing to contest the rezoning at issue.

 10:40 a.m. (Time Limits: 10-10-5)  
2017-002158    The State, Respondent, v. Devante Antonio Grant, Appellant.

Appellate Defender Joanna Katherine Delany, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Joshua Abraham Edwards, both of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

Devante Antonio Grant appeals his convictions for armed robbery and possession of a weapon during the commission of a violent crime and his sentence of thirty years' imprisonment. Grant contends the trial court erred in admitting four exhibits, and erred in sentencing a person seventeen years of age to thirty years' imprisonment.

Thursday, November 7, 2019
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2017-001271    Wayne H. Copeland, as the Personal Representative of the Estate of Dorothy H. Copeland, deceased, Appellant, v. Carolina Pulmonary Physicians, P.A., Respondent.

David Andrew Manzi of David A. Manzi, P.A., of Rock Hill, for Appellant. Barbara A. Chesley and Carmen Vaughn Ganjehsani, both of Richardson Plowden & Robinson, PA, of Columbia, for Respondent.

In this medical malpractice action, Appellant Wayne H. Copeland, as the personal representative of the estate of Dorothy H. Copeland, appeals the circuit court's order granting Respondent Carolina Pulmonary Physicians, P.A.'s motion for a directed verdict and denial of his motion to reconsider and motion for a new trial.Copeland argues he adequately presented a prima facie case for a medical malpractice action.

 10:40 a.m. (Time Limits: 10-10-5)  
2017-001726    Sisters of Charity Providence Hospitals, Respondent, v. Palmetto Health, Appellant.

Celeste Tiller Jones, Jane W. Trinkley, and Robert L. Widener, all of Burr & Forman, LLP, of Columbia, for Appellant. James G. Carpenter of Carpenter Law Firm, PC, of Greenville, for Respondent.

Palmetto Health appeals the trial court's order declaring Palmetto Health is a public body subject to the Freedom of Information Act (FOIA), requiring it to provide Sisters of Charity Providence Hospitals (Providence) with all requested records, and granting Providence attorney's fees.

 11:20 a.m. (Time Limits: 10-10-5)  
2017-001296    The State, Respondent, v. Tappia Deangelo Green, Appellant.

Appellate Defender Joanna Katherine Delany, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William Frederick Schumacher, IV, both of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

Tappia Dangelo Green appeals his convictions for armed robbery, kidnapping, and possession of a weapon during the commission of a violent crime arguing the trial court erred in (1) allowing irrelevant testimony of a detective concerning the victim's fear, causing the detective to give the victim's story credibility, (2) allowing evidence of his post-arrest silence in violation of Doyle v. Ohio, and (3) not enforcing a grant of mistrial when a juror was unable to participate in deliberations due to a medical condition and asked to be relieved.

Wednesday, November 13, 2019
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2017-001216    Jane Doe, an adult woman over the age of 18, Respondent, v. TCSC, LLC, d/b/a Hendrick Toyota of North Charleston, Appellant.

Edward D. Buckley, Jr., Stephen Lynwood Brown, Russell Grainger Hines, and Nicholas James Rivera, all of Young Clement Rivers, of Charleston, for Appellant. Mark A. Mason and Anthony Edward Forsberg, both of The Mason Law Firm, PA, of Mt. Pleasant, for Respondent.

 10:40 a.m. (Time Limits: 10-10-5)  
2017-002221    The State, Respondent, v. Samuel T. Collins, Appellant.

Appellate Defender Taylor Davis Gilliam, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Assistant Attorney General Susannah Rawl Cole, all of Columbia, for Respondent. Solicitor Isaac McDuffie Stone, III, of Bluffton,for Respondent.

Samuel T. Collins appeals his convictions of murder and possession of a weapon during the commission of a violent crime. He contends the trial court erred in permitting the introduction of text messages because the State failed to authenticate them. Additionally, he maintains the trial court erred in denying his motion for a directed verdict.

 11:20 a.m. (Time Limits: 10-10-5)  
2016-001075    Ellis E. Smith, individually, and on behalf of A & E Constructors and Consultants, Inc., a South Carolina Corporation, Plaintiffs, v. Arthur Wayne Vereen, Park Place Properties of Myrtle Beach, LLC, Parkway Offices, LLC, Arthur Vereen Construction Company, Inc., Linda C. Vereen, Arthur W. Vereen, As Trustee of the Arthur W. Vereen Residence Trust, and Linda C. Vereen, As Trustee of the Linda C. Vereen Residence Trust, Defendants. And Arthur Wayne Vereen, individually and on behalf of A & E Constructors and Consultants, Inc., and 29th Place Developers, Inc., Third-Party Plaintiffs, v. E. Smith and Sons Construction, LLC, EES Construction and Consulting, Inc. and Ellis E. Smith, individually, Third-Party Defendants, Of whom Arthur Wayne Vereen, individually and on behalf of A & E Constructors and Consultants, Inc., Park Place Properties of Myrtle Beach, LLC, Parkway Offices, LLC, Arthur Vereen Construction Company, Inc., Linda C. Vereen, Arthur W. Vereen, as Trustee of the Arthur W. Vereen Residence Trust, Linda C. Vereen, as Trustee of the Linda C. Vereen Residence Trust, and 29th Place Developers, Inc. are the Appellants, And Ellis E. Smith, individually and on behalf of A & E Constructors and Consultants, Inc., a South Carolina Corporation and E. Smith and Sons Construction, LLC, EES Construction and Consulting, Inc., and Ellis E. Smith, individually are the Respondents.

Henrietta U. Golding, of Burr Forman McNair, of Myrtle Beach, for Appellants. James Keith Gilliam, of Burr & Forman, LLP, of Greenville, for Appellants. Matthew R. Magee of Thomas & Brittain, P.A, of Myrtle Beach, for Respondents Ellis E. Smith, E. Smith and Sons Construction, LLC, and EES Construction and Consulting, Inc. Frank H. DuRant and Julian Wilson DuRant, both of DuRant & DuRant, PA, of Myrtle Beach, for Respondent A & E Constructors and Consultants, Inc., a South Carolina Corporation.

In this shareholder derivative action, Arthur Wayne Vereen, individually and as Trustee of the Arthur W. Vereen Residence Trust, Linda C. Vereen, individually and as Trustee of the Linda C. Vereen Residence Trust, Park Place Properties of Myrtle Beach, LLC, Parkway Offices, LLC, 29th Place Developers, Inc., and Arthur Vereen Construction, Inc., appeal the master-in-equity's order granting Ellis E. Smith, individually and on behalf of A&E Constructors and Consultants, Inc., judgment.

Wednesday, November 6, 2019
Court Room II
 10:00 a.m. (Time Limits: 10-10-5)  
2017-001016    The State, Respondent, v. Gabriel Betancourt, Jr., Appellant.

William G. Yarborough, III, and Lauren Carole Hobbis, both of William G. Yarborough III, Attorney at Law, LLC, of Greenville, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Respondent. Solicitor William Walter Wilkins, III, of Greenville, for Respondent.

Gabriel Betancourt, Jr., appeals his convictions for criminal sexual conduct with a minor in the first degree, criminal sexual conduct with a minor in the third degree, and lewd act upon a child, arguing the circuit court erred by (1) finding a treating expert witness did not improperly bolster the minor victim's (Victim) testimony when she testified about Victim's post-traumatic stress disorder, (2) allowing a clinical social worker to testify as an expert regarding delayed disclosure of sexual abuse, (3) excluding Victim's prior statements alleging sexual abuse against another individual, and (4) allowing a law clerk to stay in the jury room during deliberations for ninety minutes.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2017-001199    Shaundra B. Daily, Respondent/Appellant, v. Julian D. Daily, Appellant/Respondent.

Nicole Nicolette Mace of The Law Offices of Nicole Nicolette, P.A., of West Palm Beach, Florida, for Appellant-Respondent. Bruce Wyche Bannister of Bannister, Wyatt & Stalvey, LLC, of Greenville, for Appellant-Respondent. Edward Delane Rosemond of The Rosemond Law Firm, PA, of Seneca, for Respondent-Appellant. Kimberly Renae Welchel ,of Seneca, for Respondent-Appellant. Floy Kenyon Anderson, of Anderson, Guardian ad Litem.

Julian D. Daily (Father) appeals the family court's order granting Shaundra Bryant Daily (Mother) custody of the parties' two minor daughters following her relocation to Florida. Father argues the family court erred in (1) setting the parallel parenting plan; (2) setting his visitation; (3) awarding Mother custody; (4) finding him in contempt; and (5) ordering him to pay Mother's attorney's fees and one-half of the Guardian ad litem (GAL) fees. Mother also appeals the family court's order, arguing the court erred in not ordering Father to pay the full amount of her attorney's fees.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2017-001568    Callie Barras, Respondent, v. City of Myrtle Beach, Appellant.

Michael Warner Battle and Michael Kirk Battle, both of Battle Law Firm, LLC, of Conway, for Appellant. Mark Andrew Nappier of Joye, Nappier, Risher & Hardin, LLC, of Murrells Inlet, for Respondent. Whitney Boykin Harrison of McGowan Hood & Felder, LLC, of Columbia, for Respondent.

The City of Myrtle Beach (the City) appeals the trial court's denial of its post-trial motions following the jury's award of $500,000 of actual damages and $47,128.93 in medical expenses to Callie Barras on her claims of negligence and gross negligence. The City argues (1) the trial court erred by failing to direct a verdict in the City's favor as a matter of law on the ground that Barras's legal status was governed by the Recreational Use Statute (the Statute) and there was no evidence that the City was grossly negligent and (2) the special verdict form submitted to the jury was flawed such that the City was prejudiced.

 
Cases to be Submitted Without Oral Argument
2016-002217    The State, Respondent, v. Muttaqin Fatir Abdullah, Appellant.

2017-000596    William Allen #178666, Appellant, v. South Carolina Department of Corrections, Respondent.

2017-002537    The State, Respondent, v. Calvin Brown, Jr., Appellant.

2017-001070    The State, Respondent, v. Boyce Derek Lowrance, Appellant.

2017-002476    Jamarcus Foster, Petitioner, v. State of South Carolina, Respondent.

2017-001088    The State, Respondent, v. Dinal Wayne Keith, Appellant.

2017-002024    Michael Frank, individually, and as the parent and guardian of a minor, Appellant, v. South Carolina Department of Social Services, Respondent.

2016-002229    The State, Respondent, v. Jimmy Byron Keith Curles, Appellant.

2017-001796    The State, Respondent, v. Guadalupe Guzman Morales, Appellant.

2017-002314    Preston C. Morse, Petitioner, v. State of South Carolina, Respondent.

2017-001299    Travis Ford, Petitioner, v. State of South Carolina, Respondent.

2016-002174    The State, Respondent, v. Rodrigus Ratron Williams, Appellant.

2018-000114    The State, Respondent, v. Ashley Marie McKenzie, Appellant.

2018-000644    The State, Respondent, v. Katherine Lathara Anne Seabrook, Appellant.

2016-001603    The State, Respondent, v. Kevin Lamar Gary, Appellant.

2017-002097    James E. Murphy, Petitioner, v. State of South Carolina, Respondent.

2017-001498    The State, Respondent, v. Jefferey Lance Whitsett, Appellant.

2018-000725    The State, Respondent, v. Joseph Goodrich, Appellant.

2017-000235    Tracy L. Pracht, Respondent, v. Gregory B. Pracht, Appellant.

2017-002480    Brian Spann, Petitioner, v. State of South Carolina, Respondent.

2017-001804    Stella Mae Richardson, Appellant, v. Yuasa Exide, Inc., Employer, and Great American Insurance Company of NY, Carrier, Defendants, Of which Yuasa Exide, Inc., Employer, is the Respondent.

2018-000192    Michael B. Wilson, Petitioner, v. State of South Carolina, Respondent.

2016-001954    The State, Respondent, v. Myron A. Cannon, Appellant.

2016-002268    Taliah Shabazz, Appellant, v. Bertha Rodriguez, Respondent

2018-000044    Lukas Stasi and Britteny L. Stasi, Appellants, v. Mallory Sweigart, and Matthew Kidwell, Defendants, Of whom Mallory Sweigart is the Respondent. In the interest of a minor under the age of eighteen.

2016-002574    The State, Respondent, v. Clifford Dean Canfield, Appellant.

2017-002116    Michael Anthony Rogers, Petitioner, v. State of South Carolina, Respondent.