Supreme Court Seal
Supreme Court Seal
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.

Monday, March 4, 2019
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2016-001551    Christy Byrd, as Next Friend of Julia B., a minor, Appellant, v. McLeod Physician Associates II and Dr. John B. Browning, Respondents.

Edward L. Graham of Graham Law Firm, PA, of Sumter, for Appellant. Mary Agnes Hood Craig and Elloree A. Ganes, both of Hood Law Firm, LLC, of Charleston, for Respondents. Deborah Harrison Sheffield, of Columbia, for Respondents. Benjamin Houston Joyce of Burr & Forman, LLP, of Charleston, for Respondents.

Christy Byrd, as next friend of Julia B., a minor, appeals the order denying her motion for a new trial and/or judgment notwithstanding the verdict arguing the judge erred in not finding the obstetric emergency statute was inapplicable to this case as a matter of law.

 10:40 a.m. (Time Limits: 10-10-5)  
2016-001960    In the Matter of the Estate of William D. Paradeses Georganna Paradeses, as Personal Representative of the Estate of William D. Paradeses, Petitioner, v. Georganna Paradeses, Eleanor Glisson (Faye) a/k/a Faye Greeson, Pam Paradeses, Stephanie Starr, Robin Pace, Mary Paradeses and Jim Paradeses, Respondents, of whom Georganna Paradeses, individually, Pam Paradeses, Stephanie Starr, Robin Pace, Mary Paradeses and Jim Paradeses, are Appellants, and Eleanor Glisson (Faye), a/k/a Faye Greeson, is Respondent.

Adam Tremaine Silvernail, of Columbia, for Appellant. James Samuel Murray and Charles C. Stebbins, III, pro hac vice, both of Turner Padget Graham & Laney, PA, of Augusta, Georgia. for Respondent.

Georganna Paradeses, Pam Paradeses, Stephanie Starr, Robin Pace, and Mary Paradeses appeal the probate court's determination that a deletion to the last will and testament of William D. Paradeses was not properly executed, and thus, invalid.

 11:20 a.m. (Time Limits: 10-10-5)  
2016-002044    The State, Respondent, v. Tekysha Cohen, Appellant.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. General Counsel Matthew C. Buchanan, of Columbia, for Respondent.

On appeal from an order revoking her probation, Tekysha Cohen argues the circuit court erred by denying her motion to reconsider without a hearing. Cohen claims that at the probation revocation hearing, she was not given an opportunity to present a defense explaining why her failure to completely pay court-ordered restitution was not willful.

Tuesday, March 12, 2019
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2016-001140    PCS Nitrogen, Inc., Appellant, v. Continental Casualty Company, Admiral Insurance Company, United States Fire Insurance Company, ACE Property & Casualty Insurance Company, Certain Underwriters at Lloyd's London, the Aviva Companies, the Winterthur Companies, Certain London Market Insurance Companies, Providence Washington Insurance Company (as Successor in Interest by way of Merger to Seaton Insurance Company, f/k/a Unigard Security Insurance, f/k/a Unigard Mutual Insurance Company), Berkshire Hathaway Specialty Insurance Company (f/k/a Stonewall Insurance Company), Lexington Insurance Company, Starr Indemnity & Liability Company (f/k/a Republic Insurance Company), First State Insurance Company, Century Indemnity Company (f/k/a California Union Insurance Company and Insurance Company of North America), Respondents.

William Howell Morrison, of Haynsworth Sinkler Boyd, PA, of Charleston, and Michael H. Ginsberg and Matthew R. Divelbiss, pro hac vice, both of Pittsburgh, PA, for Appellant. Morgan S. Templeton of Wall Templeton & Haldrup, PA, of Charleston, and Patrick F. Hofer, pro hac vice, of Washington, D.C., for Respondent Continental Casualty Company. John Robert Murphy, Wesley Brian Sawyer, and Adam J. Neil, all of Murphy & Grantland, PA, of Columbia, for Respondent Admiral Insurance Company. Edward K. Pritchard, III, of Pritchard Law Group LLC, of Charleston, and Seth M. Jaffe and Richard McDermott, pro hac vice, both of Chicago, Il, for Respondents Certain Underwriters at Lloyd's London, Aviva Companies, Winterthur Companies, Berkshire Hathaway Specialty Insurance Company, and Starr Indemnity & Liability Company. John C. Bonnie of Weinberg Wheeler Hudgins Gunn & Dial, LLC, of Atlanta, GA, for Respondent Lexington Insurance Company. John Thomas Lay, Jr. and Laura Watkins Jordan, both of Gallivan, White & Boyd, PA, of Columbia, and Helen Franzese, pro hac vice, of Greensboro, NC, for Respondent Certain London Market Insurance Companies. R. Scott Wallinger, Jr. and Christian Stegmaier, both of Collins & Lacy, PC, of Columbia, and John S. Favate and Michael Forino, pro hac vice, both of Springfield, NJ, for Respondent United States Fire Insurance Company. Elizabeth Janelle Palmer of Rosen Rosen & Hagood, LLC, of Charleston, and Mary Woodson Poag and Harry Lee, pro hac vice, both of Washington, D.C., for Respondent Providence Washington Insurance Company. Robert Michael Ethridge of Ethridge Law Group, LLC, of Charleston, and Wayne S. Karbal and Paul Parker, pro hac vice, both of Chicago, IL, for Respondent First State Insurance Company. Robert Holmes Hood, Jr., of Hood Law Firm, LLC, of Charleston, and Patricia B. Santelle, Thomas M. Going, and Robert F. Walsh, pro hac vice, all of Philadelphia, PA., for Respondents ACE Property & Casualty Insurance Company, U. S. Fire Insurance Company, and Century Indemnity Company.

In this appeal from an order of the circuit court, Appellant (PCS Nitrogen) argues the court erred in (1) finding Columbia Nitrogen Corporation did not validly assign its insurance coverage rights to PCS Nitrogen and (2) granting Respondents' (collectively, Continental Casualty) motion for summary judgment.

 10:40 a.m. (Time Limits: 10-10-5)  
2016-001639    The State, Appellant, v. Tony Latrell Kinard, Respondent.

Attorney General Alan McCrory Wilson and Senior Assistant Attorney General William M. Blitch, Jr., both of Columbia, for Appellant. Solicitor David Matthew Stumbo, of Greenwood, for Appellant. Richard James Dolce, of Irmo, for Respondent. Michael Vincent Laubshire, of Columbia, for Respondent.

The State appeals the dismissal of a DUI charge arguing the trial court misinterpreted sections 56-5-2953(A) and (B) of the South Carolina Code.

 11:20 a.m. (Time Limits: 10-10-5)  
2016-002060    Quarter Pointe Ventures, LLC, Respondent, v. James Lineberger, Appellant.

William Mark White and Jeremy Daniel Melville, both of Spencer & Spencer, PA, of Rock Hill, for Appellant. Matthew Elliott Cox, of Columbia, for Respondent.

James Lineberger appeals from a declaratory judgment against him involving a buyout of Lineberger's membership interest in Quarter Pointe Ventures, LLC (QPV) and the sale of real property owned by QPV. He argues the trial court erred in (1) not finding QPV breached the covenant of good faith and fair dealing, misapplying the business judgment rule, and limiting his right to additional compensation; (2) finding the fair market value of the land does not exceed $1 million; (3) attributing a value to the right-of-way area and limiting his right to additional compensation for the right-of-way; (4) ordering he file a satisfaction of mortgage where obligations secured by the mortgage remain outstanding; and (5) suspending accrual of interest under the note.

Wednesday, March 13, 2019
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2016-001643    Timothy Hannah, Employee, Claimant, Respondent, v. MJV, Inc./Butler Trucking, Employer, and Palmetto Timber S.I. Fund c/o Walker, Hunter & Associates, Inc., Carrier, Appellants.

R. Mark Davis and Helen F Hiser, both of McAngus Goudelock & Courie, LLC, of Mount Pleasant, for Appellants. William E. Jenkinson, III, of Jenkinson Jarrett & Kellahan, PA, of Kingstree, for Respondent.

 10:40 a.m. (Time Limits: 10-10-5)  
2016-002168    Renee Hale Shelley, as Personal Representative of the Estate of Michael Mann Lindler, Appellant/Respondent, v. South Carolina Highway Patrol, Respondent/Appellant.

C. Carter Elliott, Jr. and Andrew William Kunz, both of Elliott & Phelan, LLC , of Georgetown, for Appellant/Respondent. Lauren Victoria Knight, of Georgetown, for Appellant/Respondent. Blake A. Hewitt of Bluestein Thompson Sullivan, LLC, of Columbia, for Appellant/Respondent. Andrew F. Lindemann and Joel Steve Hughes, both of Lindemann, Davis & Hughes, PA, of Columbia, for Respondent/Appellant.

In this civil action, Renee Hale Shelley, as Personal Representative of the Estate of Michael Mann Lindler (the Estate), appeals the circuit court's order granting the South Carolina Highway Patrol's (the Highway Patrol) motion for a directed verdict. On appeal, the Estate argues the circuit court erred in granting the Highway Patrol immunity from liability pursuant to sections 15-78-60(4) & (6) of the South Carolina Tort Claims Act (the Act). The Highway Patrol cross-appeals, arguing the circuit court erred in denying the Highway Patrol discretionary immunity from the Estate's claims pursuant to section 15-78-60(5) of the Act.

 11:20 a.m.
2018-000579    South Carolina Department of Social Services, Appelllant, v. Kierra Renee Young-Gaines and Michael Sergio Wright, Defendants, Of whom Kierra Renee Young-Gaines is the Respondent. In the interest of a minor under the age of eighteen.

Andrew Troy Potter, of Anderson, for Appellant. Jennifer Lynn Mook of Law Office of Jennifer Mook, LLC, of Aiken, for Respondent. Robert A. Clark, of Greenville, for Guardian Ad Litem.

Thursday, March 14, 2019
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2016-002176    Edward R. Kelly and Deirdre O. Kelly, Appellants, v. Allen S. McCombs and Benjamin James Russell, Respondents.

Brian Scott McCoy and Danielle Rose Scimeca, both of McCoy Law Firm, LLC, of Rock Hill, for Appellants. N. Beth Ramsey Faulkner, of Faulkner Law Firm, LLC, of York, for Respondents. James W. Boyd, of Rock Hill, for Respondents.

Appellants appeal the trial court's order holding a right of first refusal was not enforceable.

 10:40 a.m. (Time Limits: 10-10-5)  
2017-000532    The State, Respondent, v. Roy Ellis Smith, Appellant.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent. Solicitor David Matthew Stumbo, of Greenwood, for Respondent.

In this appeal from his manufacturing methamphetamine conviction, Roy Ellis Smith challenges the trial court's (1) denial of his request to charge the jury that "manufacture," as provided in the pertinent statute, "does not include the preparation or compounding of a controlled substance by an individual for his own use;" (2) denial of his motion to exclude drug evidence based upon a defective chain of custody; and (3) overruling of his objection to the solicitor's opening statement referring to methamphetamine as a curse and a poison.

 11:20 a.m. (Time Limits: 10-10-5)  
2016-001738    Lenora Peay, Appellant, v. Gerald Alexander, Respondent.

April Dawn Porter, of Chester, for Appellant. George W. Speedy of Speedy, Tanner, Atkinson & Cook, LLC, of Camden, for Respondent. Katherine Carruth Goode, of Winnsboro, for Respondent.

Lenora Peay appeals the family court order finding she and Gerald Alexander were not common-law married. On appeal, Peay argues the family court erred in (1) failing to find she was entitled to a rebuttable presumption of a common-law marriage based on the preponderance of the evidence; (2) failing to find Alexander failed to rebut the presumption; and (3) finding there was no common-law marriage between the parties.

 12:00 p.m. (Time Limits: 10-10-5)  
2016-001927    The State, Respondent, v. Dean Alton Holcomb, Appellant.

Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, and Senior Assistant Deputy Attorney General John Benjamin Aplin, all of Columbia, for Respondent. Solicitor Barry Joe Barnette and Assistant Solicitor Russell D. Ghent, both of Spartanburg, for Respondent.

Dean Holcomb appeals his convictions for breach of trust and obtaining money by false pretenses, arguing the trial court erred in (1) failing to direct a verdict of acquittal due to the State's failure to prove a written check constitutes a trust relationship; (2) failing to direct a verdict of acquittal due to the State's failure to prove Holcomb made a fraudulent misrepresentation; and (3) refusing to grant a mistrial based on remarks made by the prosecution.

 2:00 p.m. (Time Limits: 10-10-5)  
2016-001604    Town of McBee, Appellant, v. Alligator Rural Water & Sewer Company, Inc., Alligator Rural Water Company, Inc., Defendants, and A.O. Smith Corporation, Intervenor-Defendant, of Whom Alligator Rural Water & Sewer Company, Inc. and Alligator Rural Water Company Inc. are the Respondents.

Martin S. Driggers, Sr. of Driggers & Moyd, of Hartsville, for Appellant. John Thomas Lay, Jr. of Gallivan, White & Boyd, PA, of Columbia, for Appellant. Richard Edward Mclawhorn, Jr. of Sweeny Wingate & Barrow, PA, of Columbia, for Appellant. Matthew Todd Carroll and Belton Townsend Zeigler, both of Womble Bond Dickinson (US) LLP, of Columbia, for Appellant. Kathryn Susan Mansfield of Womble Bond Dickinson (US) LLP, of Charleston, for Appellant. William O. Spencer, Jr. of Spencer Law Firm, of Chesterfield, for Respondents.

The Town of McBee (the Town) appeals the grant of an injunction in favor of Alligator Rural Water and Sewer Company, Inc. (Alligator) preventing the Town from directly providing water service to residents in its service area. The Town argues 7 U.S.C. section 1926(b) does not prohibit the Town from using its own wells and that Alligator did not meet the elements to support the grant of an injunction. The Town also maintains the circuit court erred in not requiring Alligator to post a bond pursuant to Rule 65(e), SCRCP.

 2:40 p.m. (Time Limits: 10-10-5)  
2016-002108    A.O. Smith Corporation, Appellant, v. South Carolina Department of Health and Environmental Control and Town of McBee, Respondents.

W. Thomas Lavender, Jr., and Joan Wash Hartley, both of Nexsen Pruet, LLC, of Columbia, for Appellant. Richard Edward Mclawhorn, Jr., of Sweeny Wingate & Barrow, PA, of Columbia, for Respondent Town of McBee. Martin S. Driggers, Jr. of Sweeny Wingate & Barrow, PA, of Hartsville, for Respondent Town of McBee. Matthew Todd Carroll and Belton Townsend Zeigler, both of Womble Bond Dickinson (US) LLP, of Columbia, for Respondent Town of McBee. Kathryn Susan Mansfield of Womble Bond Dickinson (US) LLP, of Charleston, for Respondent Town of McBee. Stephen Philip Hightower, of Columbia, for Respondent South Carolina Department of Health and Environmental Control.

In this appeal from a dismissal of a contested case regarding the operation of wells by the Town of McBee, A.O. Smith Corporation contends the administrative law court erred in finding final approvals are not staff decisions subject to appeal under section 44-1-60 of the South Carolina Code because the Department of Health and Environmental Control had a legal duty to issue the final approvals and the applicable regulation does not provide for conditional approvals.

Monday, March 4, 2019
Court Room II
 10:40 a.m. (Time Limits: 10-10-5)  
2016-001277    H. Marshall Hoyler, Appellant, v. The State of South Carolina, Merry Land Properties, LLC, Sherbert Living Trust, Supan Living Trust, Elizabeth R. Levin, Edward McCray Wise Revoc. Living Trust, Carol Ann DeVries Wise Revoc. Living Trust, Amelie Cromer, Philip Cromer, Robert Chiavello, Tocharoen Living Trust, Helen M. Olesak, Lesley Anne Glick a/k/a Lesley Ann Glick, Shirley G. Lackey, Patricia Banfield, Bertrand Cooper, Jr., NHP SH South Carolina I, LLC n/k/a CCP Bayview 7176 LLC, Oyster Cove Homeowners Ass., Shirley Anne Moyer, Barry D. Malphrus, Garry D. Malphrus, Donnie Malphrus, Rita Brown, Houston Family Partnership, Joan Taylor Trustee, Michael Bull, Nancy Bull, Marny H. VonHarten, Dianne M. Donaldson, Brian R. Evans, Stephen Durbin, Valerie Durbin, Phillip Marti, Jane Marti, Michael Woodworth, Georgiana M. Cooke, Daniel B. Walsh Janet E. Walsh, Defendants, Of Which The State of South Carolina and Merry Land Properties, LLC are the Respondents.

Richard Lee Whitt and Jeff D. Griffith, III, both of Austin & Rogers, PA, of Columbia, for Appellant. Stephen Peterson Groves, Sr., Angelica M. Colwell, and Mary Duncan Shahid. all of Nexsen Pruet, LLC, of Charleston, for Respondent Merry Land Properties, LLC. Attorney General Alan McCrory Wilson, Solicitor General Robert D. Cook, and Deputy Solicitor General J. Emory Smith, Jr., all of Columbia, for Respondent The State of South Carolina.

In this action to determine an interest in tidelands pursuant to S.C. Code Ann. ยง 48-39-220, Appellant H. Marshall Hoyler challenges an order of the Master-in-Equity denying his request to declare that he held title to approximately 95 acres of marshland along the Beaufort River and abutting the Town of Port Royal. Hoyler argues the master erred in considering extrinsic evidence to create an ambiguity in the plat incorporated into the deed to Hoyler's predecessor because the property is readily identifiable from the plat. Hoyler also argues the master erred in allowing upland property owners to intervene in the action because they do not claim an interest in tidelands; the intervenors' boundary lines would not change as a result of the action; and, therefore, the intervenors had no interest in the outcome. As an additional sustaining ground, Respondent Merry Land Properties, LLC, argues that the principles of estoppel and laches bar Hoyler from preventing construction of a marina through the disputed marshland.

 
Cases to be Submitted Without Oral Argument
2017-000471    Gregory Duerk, Donald L. Duerk, Jr. and Deborah Duerk Tiller, Appellants, v. Geoffrey Duerk, Kristen Duerk and James M. Stewart, Respondents.

2017-000092    Ken Howell and Karen Nicole Lamb, Respondents, v. Train Auto Sales, Inc., Appellant.

2016-000408    Elvira Lynn Seay, Petitioner, v. State of South Carolina, Respondent.

2017-001982    James Curtis Tyner, Petitioner, v. State of South Carolina, Respondent.

2017-000918    The State, Respondent, v. Joshua Lenard Poacher, Appellant.

2017-001177    Terry Lemore McCarrell, Petitioner, v. State of South Carolina, Respondent.

2017-001238    Deutsche Bank National Trust Company, as Trustee for Argent Securities, Inc., Asset-Backed Pass-Through Certificates, Series 2004-W11, Respondent, v. Geary Thomas Dooly, Eleanor S. Dooly and United States of America, Defendants, Of whom Geary Thomas Dooly is the Appellant.

2017-001878    David M. Johnson, Petitioner, v. State of South Carolina, Respondent.

2017-002176    The State, Respondent, v. James Lee Barno, Appellant.

2017-001263    The State, Respondent, v. Anthony Maurice Wise, Appellant.

2017-001293    Kenneth Evans, Respondent, v. Chelsea Leigh Evans, Appellant.

2017-001964    Michael Braxton, #119081, Appellant, v. South Carolina Department of Corrections, Respondent.

2017-000574    Paula Rose and Bradley Chaz Reed, Respondents, v. Charles Homer Rose, III, Appellant.

2017-001234    The State, Respondent, v. Steven Richard Lewis, Appellant.

2017-002560    The State, Respondent, v. Pepper Rose Rathburn, Appellant.

2017-001217    John McDaniel, Employee, Claimant, Appellant, v. Career Employment Professional d/b/a Snelling Staffing, Employer, and United Wisconsin Insurance Co., Carrier, Respondents.

2016-002191    The State, Respondent, v. Chavias Jahmal Jenkins, Appellant.

2017-002268    The State, Respondent, v. Norman Lance Garner, Appellant.

2017-000883    The State, Respondent, v. Katy McDonald Tuttle, Appellant.

2016-001585    The State, Respondent, v. Joey Latwan Gibson, Appellant.

2017-000281    The State, Respondent, v. Jawan Rayel White, Appellant.

2017-000201    The State, Respondent, v. Timothy Adam Hester, Sr., Appellant.

2017-001549    Gabriel Jon Rios, Petitioner, v. State of South Carolina, Respondent.

2017-001979    John Edward Hunsucker, Petitioner, v. State of South Carolina, Respondent.

2016-001633    The State, Respondent, v. Dossie Faison, Jr., Appellant.

2017-001135    Jacob Tisdale, Deceased Claimant, Appellant, v. Williamsburg County Department of Special Needs, Employer, and State Accident Fund, Carrier, Respondents.

2017-001722    The State, Respondent, v. Christopher Antoine Byars, Appellant.