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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, May 6, 2019
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2016-002136    Gene B. Schwiers, Respondent, v. South Carolina Department of Health and Environmental Control and Stewart W. Heath, Respondents below, Of whom South Carolina Department of Health and Environmental Control is the Respondent, And Stewart W. Heath is the Appellant.

Eugene LeRoy Nettles, III, of Nettles Turbeville & Reddeck, of Lake City, for Appellant. Gene Schwiers, of Greenville, pro se Respondent. Bradley David Churdar, of Charleston, for Respondent South Carolina Department of Health and Environmental Control.

Stewart Heath appeals the Administrative Law Court's (ALC's) order denying his application to amend his critical area permit to modify his dock by installing a four-pile, twelve‑by‑twelve‑foot boatlift. He argues the ALC erred by (1) finding the proposed dock amendment failed to comply with the requirements of section 48‑39‑150 of the South Carolina Code (2008 & Supp. 2018), (2) finding the proposed dock permit failed to comply with the requirements of Regulations 30‑12(A)(1)(e) and (p) of the South Carolina Code of Regulations (2011), and (3) failing to consider the requirement in Regulation 30‑1(A)(2) (Supp. 2018) that the South Carolina Department of Health and Environmental Control ensure consistent permit evaluations.

 10:40 a.m. (Time Limits: 10-10-5)  
2017-000066    Pickens County, Appellant, v. South Carolina Department of Health and Environmental Control and MRR Pickens, LLC, Respondents.

Gary W. Poliakoff of Poliakoff & Assoc., PA , of Spartanburg, for Appellant. Amy Elizabeth Armstrong of S.C. Environmental Law Project, of Pawleys Island, for Appellant. Michael Gary Corley of S.C. Environmental Law Project, of Greenville, for Appellant. Robert Fredrick Goings and Jessica Lee Gooding, both of Goings Law Firm, LLC, of Columbia, for Respondent MRR Pickens, LLC. Jessica James Orrick King of Williams Mullen, of Columbia, for Respondent MRR Pickens, LLC. Karen Christine Ratigan, of Columbia, for Respondent South Carolina Department of Health and Environmental Control. Etta R. Linen, of Columbia, for Respondent South Carolina Department of Health and Environmental Control.

On appeal from an Administrative Law Court (ALC) order dismissing challenges to the permit modification issued to MRR Pickens, LLC (MRR) by the South Carolina Department of Health and Environmental Control (DHEC), Pickens County (the County) argues the ALC erred in (1) dismissing the County's challenge to a DHEC permitting decision as untimely prior to resolving whether DHEC had complied with the proper notice procedures for that decision; (2) dismissing the County's challenge to a DHEC permitting decision on the basis of administrative exhaustion when DHEC acted outside the scope of its authority in relation to the issuance of such decision, and the County's challenge raises issues of critical public interest; (3) denying the County the opportunity for discovery yet granting MRR and DHEC's (collectively, Respondents') motions to dismiss based on evidence outside of the pleadings and resolving conflicting evidence in favor of Respondents; (4) allowing Respondents to shield themselves with the doctrine of administrative exhaustion when any such failure on the part of the County was directly attributable to Respondents' misrepresentations and misinformation; (5) issuing an administrative decision through an improper process and for an improper purpose be protected by the filing deadlines established for challenging a validly issued administrative decision and by the doctrine of administrative exhaustion; and (6) dismissing this case as untimely without resolving the status of proposed intervenors who had different bases for asserting timeliness.

 11:20 a.m. (Time Limits: 15-15-5)  
2017-000425    Darius Wardlaw, Respondent, v. South Carolina Department of Social Services, Appellant.

Christopher Craig Jackson and Shawn L. Reeves, both of Columbia, for Appellant. Bruce Wyche Bannister and Luke Anthony Burke, both of Bannister, Wyatt & Stalvey, LLC, of Greenville, for Respondent.

The South Carolina Department of Social Services (DSS) appeals an order of the family court that granted Darius Wardlaw a temporary restraining order, restraining DSS from keeping Wardlaw on the Central Registry of Child Abuse and Neglect pending further administrative review. DSS argues (1) the family court's order is not moot, (2) the family court prematurely considered the case, (3) the family court was without authority to issue its order, and (4) the order is void ab initio because it was issued in violation of Rule 65(c), SCRCP.

 11:20 a.m. (Time Limits: 15-15-5)  
2017-000427    Preston Butler, Respondent, v. South Carolina Department of Social Services, Appellant.

Christopher Craig Jackson and Shawn L. Reeves, both of Columbia, for Appellant. Bruce Wyche Bannister and Luke Anthony Burke, both of Bannister, Wyatt & Stalvey, LLC, of Greenville, for Respondent.

The South Carolina Department of Social Services (DSS) appeals an order of the family court that granted Preston Butler a temporary restraining order, restraining DSS from keeping Wardlaw on the Central Registry of Child Abuse and Neglect pending further administrative review. DSS argues (1) the family court's order is not moot, (2) the family court prematurely considered the case, (3) the family court was without authority to issue its order, and (4) the order is void ab initio because it was issued in violation of Rule 65(c), SCRCP.

Tuesday, May 7, 2019
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2014-001524    The Callawassie Island Members Club, Inc., Respondent, v. Ronnie D. Dennis and Jeanette Dennis, Appellants.

Ian S. Ford and Neil Davis Thomson, both of Ford Wallace Thomson, LLC, of Charleston, for Appellants. M. Dawes Cooke, Jr., John William Fletcher, and Bradley B. Banias, all of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Respondent. Stephen P. Hughes and James Andrew Yoho, of Howell Gibson & Hughes, PA, of Beaufort, for Respondent. Andrew F. Lindemann, of Lindemann Davis & Hughes, of Columbia, for Respondent.

Ronnie D. Dennis and Jeanette Dennis appeal the circuit court's grant of the Callawassie Island Members Club, Inc.'s motion for summary judgment.

 10:40 a.m. (Time Limits: 10-10-5)  
2015-000001    The Callawassie Island Members Club, Inc., Respondent, v. Gregory L. Martin and Rebecca L. Martin, Defendants, Of Whom Gregory L. Martin is the Appellant.

Ian S. Ford and Neil Davis Thomson, both of Ford Wallace Thomson, LLC, of Charleston, for Appellants. M. Dawes Cooke, Jr., John William Fletcher, and Bradley B. Banias, all of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Respondent. Stephen P. Hughes and James Andrew Yoho, of Howell Gibson & Hughes, PA, of Beaufort, for Respondent. Andrew F. Lindemann, of Lindemann Davis & Hughes, of Columbia, for Respondent.

 10:40 a.m. (Time Limits: 10-10-5)  
2015-000002    The Callawassie Island Members Club, Inc., Respondent, v. Michael J. Frey and Grace I. Frey, Defendants, Of whom Michael J. Frey is the Appellant.

Ian S. Ford and Neil Davis Thomson, both of Ford Wallace Thomson, LLC, of Charleston, for Appellant. M. Dawes Cooke, Jr., John William Fletcher, and Bradley B. Banias, all of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Respondent. Stephen P. Hughes and James Andrew Yoho, of Howell Gibson & Hughes, PA, of Beaufort, for Respondent. Andrew F. Lindemann, of Lindemann Davis & Hughes, of Columbia, for Respondent

 10:40 a.m. (Time Limits: 10-10-5)  
2015-000003    The Callawassie Island Members Club, Inc., Respondent, v. Mark K. Quinn and Sherry B. Quinn, Defendants, Of whom Mark K. Quinn is the Appellant.

Ian S. Ford and Neil Davis Thomson, both of Ford Wallace Thomson, LLC, of Charleston, for Appellant. M. Dawes Cooke, Jr., John William Fletcher, and Bradley B. Banias, all of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Respondent. Stephen P. Hughes and James Andrew Yoho, of Howell Gibson & Hughes, PA, of Beaufort, for Respondent. Andrew F. Lindemann, of Lindemann Davis & Hughes, of Columbia, for Respondent

Wednesday, May 15, 2019
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2017-000866    Richard Ralph and Eugenia Ralph, Appellants, v. Paul Dennis McLaughlin and Susan Rode McLaughlin, Respondents.

G. Dana Sinkler of Gibbs & Holmes, of Wadmalaw Island, for Appellants. Ainsley Fisher Tillman, of Charleston, for Appellants. George Hamlin O'Kelley, III, of Buist Byars & Taylor, LLC, of Mt. Pleasant, for Respondents.

This case involves a property dispute on Seabrook Island between neighbors Richard and Eugenia Ralph ("the Ralphs"), and Paul and Susan McLaughlin ("the McLaughlins"). The dispute in question concerns the destruction of a drainage easement by the McLaughlins which, the Ralphs allege, exacerbated drainage issues on the Ralphs' property. At trial, the jury found for the Ralphs on their cause of action for trespass and awarded them $1,000 in nominal damages. On appeal, the Ralphs argue that the circuit court erred in 1) failing to apply the rulings and factual determinations from a previous grant of summary judgment to a third-party defendant as the law of the case; 2) entering a directed verdict for the McLaughlins on the issue of punitive damages; 3) failing to find that the McLaughlins trespassed as a matter of law; and 4) failing to grant the Ralphs a new trial absolute, a new trial nisi additur, or a new trial on damages.

 10:40 a.m. (Time Limits: 10-10-5)  
2017-000267    Carla Denise Garrison and Clint Garrison, Appellants/Respondents, v. Target Corporation, Respondent/Appellant.

Joshua Thomas Hawkins of The J.T. Hawkins Law Firm, LLC, of Greenville, for Appellants/Respondents. G. Todd Butler of Jackson, Mississippi, for Appellants/Respondents. Knox L. Haynsworth, III, of Brown Massey Evans McLeod & Haynsworth, LLC, of Greenville, for Respondent/Appellant. George P. Sibley, III, Kevin S. Elliker, and Lewis F. Powell, III, all of Richmond, Virginia, for Respondent/Appellant.

In this negligence action, Appellants/Respondents, Carla Denise Garrison and Clint Garrison, challenge the circuit court's order setting aside the jury's $4.5 million punitive damages award, arguing there was sufficient evidence to support the jury's finding that Target's conduct was reckless, willful, or wanton. The Garrisons also challenge the circuit court's pre-judgment interest award, arguing the circuit court erred in limiting the award to interest on actual damages. Target Corporation appeals the circuit court's denial of its motion for judgment as a matter of law as to liability, arguing there was insufficient evidence of Target's constructive knowledge of a dangerous condition on its premises. Target also appeals the denial of its motion for a new trial absolute, arguing the jury's punitive damages award reflected the jury's passion, caprice, and prejudice.

 11:20 a.m. (Time Limits: 10-10-5)  
2017-000688    Martha M. Fountain and Curtis Fountain, Plaintiffs, v. Fred's, Inc. and Wildevco, LLC, Respondents, v. Tippins-Polk Construction, Inc. and Rhoad's Excavating Services, LLC, Third-Party Defendants, Of whom Tippins-Polk Construction, Inc. is the Appellant.

Morgan S. Templeton and John Joseph Dodds, IV, both of Wall Templeton & Haldrup, PA, of Charleston, for Appellant. Regina Hollins Lewis and Lee Ellen Bagley, both of Gaffney Lewis & Edwards, LLC, of Columbia, for Respondent Wildevco, LLC. Matthew Clark LaFave of Crowe LaFave, LLC, of Columbia, for Respondent Fred's, Inc.

In this civil matter, Tippins-Polk Construction, Inc. (Tippins-Polk) appeals the circuit court's order entering judgment in favor of Fred's, Inc. (Fred's) and Wildevco, LLC (Wildevco), on their equitable indemnification claims asserted against Tippins-Polk. Fred's and Wildevco each brought equitable indemnification claims against Tippins-Polk for the cost of settling an underlying lawsuit brought against Fred's and Wildevco as a result of Tippins-Polk's alleged faulty construction of a Fred's store. On appeal, Tippins-Polk argues the circuit court erred in (1) finding a sufficient special relationship existed between Fred's and Tippins-Polk to support a claim for equitable indemnification; (2) finding Fred's and Wildevco were without fault in the underlying lawsuit; (3) awarding Fred's and Wildevco damages not requested in their pleadings; (4) awarding attorney's fees to Fred's and Wildevco for both defending the underlying lawsuit and prosecuting the equitable indemnification action against Tippins-Polk; and (5) refusing to consider evidence of a similar incident at a Fred's store in another county.

Thursday, May 16, 2019
Court Room I
 10:00 a.m.
2017-000561    Cricket Store 17, LLC d/b/a Taboo, Appellant, v. City of Columbia Board of Zoning Appeals, Respondent. And City of Columbia Zoning Administrator, Counterclaimant, v. Cricket Store 17, LLC d/b/a Taboo, Counterdefendant.

Thomas R. Goldstein of Belk Cobb Infinger & Goldstein, PA, of Charleston, for Appellant. Peter M Balthazor of Riley Pope & Laney, LLC, of Columbia, for Respondent. Scott D. Bergthold of Chattanooga, TN, for Respondent.

 10:40 a.m. (Time Limits: 10-10-5)  
2016-000986    Porthemos Curry, Respondent/Appellant, v. Carolina Insurance Group of SC, Inc. and Maurice Derrick, Appellants/Respondents.

Wesley Dickinson Peel of Bruner Powell Wall & Mullins, LLC, of Columbia, for Appellants/Respondents. Bryan Michael James Triplett, of Columbia, for Appellants/Respondents. Thomas Jefferson Goodwyn, Jr. of Goodwyn Law Firm, LLC, of Columbia, for Respondent/Appellant. Rachel Gottlieb Peavy of McKay Law Firm, of Columbia, for Respondent/Appellant.

In this cross-appeal involving an insurance contract, Appellants/Respondents Carolina Insurance Group of South Carolina, Inc. (CIG) and Maurice Derrick (collectively "CIG/Derrick") appeal from the trial court's denial of their motion for summary judgment, arguing the trial court erred in granting Respondent/Appellant Porthemous Curry's motion for summary judgment as to their affirmative defense of release and considering extrinsic evidence in dismissing CIG/Derrick's defense of release. Curry also appeals from the trial court's grant of his cross-motion for summary judgment, arguing the trial court abused its discretion in granting CIG/Derrick's motion to amend its answer at trial to assert the affirmative defense of release.

 11:20 a.m. (Time Limits: 10-10-5)  
2017-000291    Harrison Shelby Nelson, Appellant/Respondent, v. Melissa Starr Nelson, Respondent/Appellant.

Joseph P. Cerato of Joseph P. Cerato, P.A., of Charleston, for Appellant/Respondent. Alexander Blair Cash of Rosen Rosen & Hagood, LLC, of Charleston, for Respondent/Appellant.

In this appeal arising from an action for divorce, Harrison Shelby Nelson (Husband) appeals the family court's final order and final amended order. Melissa Star Nelson (Wife) appeals the family court's order granting Husband's motion pursuant to Rule 60(b) of the South Carolina Rules of Civil Procedure. On appeal, Husband argues the family court erred in (1) finding the parties' property at 6 Judith Street had no mortgage; (2) valuing the property at 6 Judith Street; (3) finding Husband had a 50% ownership interest in 6 Judith Street; (4) valuing parties' property at 109 North Shelmore Boulevard; (5) failing to equitably divide the parties' debt; (6) including a vehicle owned by Wife's father as a marital asset and the loan to finance that vehicle as a marital debt; (7) making numerous findings not supported by the record; (8) failing to credit Husband for using the sale of proceeds from an investment property at 18 Reid Street for marital purposes; (9) failing to equitably divide the parties' personal property; and (10) requiring Husband to contribute to Wife's attorney's fees. In her cross-appeal, Wife argues the family court erred in (1) finding excusable neglect existed to grant Husband's Rule 60(b) motion; (2) causing her unfair prejudice by granting Husband's Rule 60(b) motion; and (3) failing to find Husband was estopped from seeking relief under Rule 60(b) due to his own bad conduct.

Thursday, May 16, 2019
Court Room II
 10:00 a.m. (Time Limits: 10-10-5)  
2017-000692    Billy Wayne Herndon, Employee, Claimant, Appellant-Respondent, v. G & G Logging, Inc., Employer, and Palmetto Timber S.I. Fund c/o Walker, Hunter & Associates, Inc., Carrier, Respondents-Appellants.

Andrea Culler Roche of Mickle & Bass, LLC, of Columbia, for Appellant/Respondent. Brian Gallagher O'keefe, Helen F Hiser, and Jonathan Gregory Lane, all of McAngus Goudelock & Courie, LLC, of Mount Pleasant, for Respondents/Appellants.

Billy Herndon (Claimant) appeals the order of the South Carolina Workers' Compensation Full Commission, arguing the Full Commission erred in finding (1) exceptional reasons existed to deviate from the standard wage calculation because the finding was based on surmise and speculation as to Claimant's future work plans and because any limitation on his income was temporary; and (2) his former employer, G&G Logging, Inc., and its worker's compensation carrier, Palmetto Timber Self Insurance Fund (collectively Defendants), were entitled to a credit for overpayment of total disability benefits because Defendants paid Claimant for over two years knowing of the potential issue with the compensation rate. Defendants also appeal the order of the Full Commission, arguing the Full Commission erred in (1) assigning greater weight to Claimant's medical expert's findings than the findings of their medical expert for arbitrary reasons, (2) awarding Claimant total and permanent disability under section 42-9-10 of the South Carolina Code (2015) because Claimant failed to prove he injured a second body part; and (3) finding Claimant proved he was entitled to total and permanent disability because the award was based on a flawed hypothetical and the erroneous premise that any person who cannot work an eight-hour day and forty hour week is totally and permanently disabled.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2017-000810    Jeffrey S. Kagan, Appellant, v. D. Renee Simchon, Respondent.

Clarence Rauch Wise, of Greenwood, for Appellant. Edward S. McCallum, III, of Law Offices of Edward S. McCallum, III, of Greenwood, for Respondent. J. Walker Coleman, IV, and Jennifer H. Thiem, both of K&L Gates LLP, of Charleston, for Respondent. Meg Elizabeth Sawyer, of Charleston, for Respondent.

In this civil matter, Jeffrey S. Kagan appeals the circuit court's order granting summary judgment to D. Renee Simchon on Kagan's breach of contract and promissory estoppel claims for repayment of a loan in the amount of $210,000. On appeal, Kagan argues the circuit court erred in finding the statute of frauds and statute of limitations barred his claims.

 
Cases to be Submitted Without Oral Argument
2016-001713    The State, Respondent, v. Chad Morris, Appellant.

2016-001989    Laura Toney, Appellant, v. LaSalle Bank National Association as Trustee for the Registered Holder of Structured Asset Securities Corporation, Structured Asset Investment Loan Trust, Mortgage Pass-Through Certificates, Series 2004-11, A/K/A Altisource Homes, Wayne Capell, Lee County Treasurer and Lee County Planning and Zoning, Respondents.

2017-001707    The State, Respondent, v. Malcolm Antwon Orr, Appellant.

2016-001363    Hubert Brown, Respondent, v. State of South Carolina, Petitioner.

2017-000017    Elizabeth Okamura, Respondent, v. Carlos Aguirre, Appellant.

2016-002415    Randall Earl Sightler, Petitioner, v. State of South Carolina, Respondent.

2017-001130    Tom Efland, Appellant, v. Randy L. Mills and Richland County, Respondents.

2017-001448    George C. McCullough, Appellant, v. Author Solutions, LLC, Respondent.

2017-002632    Travis Hines, Petitioner, v. State of South Carolina, Respondent.

2016-001367    The State, Respondent, v. Calvin Solomon Barr, Appellant.

2016-002364    Larry Tyler, Petitioner, v. State of South Carolina, Respondent.

2017-000972    In the Matter of the Care and Treatment of Craig Allen Carroll, Appellant.

2017-001568    Callie Barras, Respondent, v. City of Myrtle Beach, Appellant.

2017-001833    The State, Respondent, v. Fred Freeman, Appellant.

2017-002408    In the Matter of the Care and Treatment of Joshua Flowers, Appellant.

2017-002167    The State, Respondent, v. Major Donnard Dubose, III, Appellant.

2016-002335    The State, Respondent, v. Joseph Austin Carpenter, Appellant.

2016-001197    Leon Chisolm, James Roosevelt Chisolm, Doris C. Fladger, Robert Chisolm, Florence Chisolm, Alice C. Jenkins, Sadie Y. McDonald, Martha Pryor, Patricia Millian, Margaret E. Warren, Andrew K. Chisolm, Edria L. Wilson, Carl Chisolm, Lawrence Chisolm, Roosevelt Chisolm, II, Louis Chisolm, Eddie Chisolm, Leroy Chisolm, and Tommy Chisolm, Respondents, v. Mary Frances S. Chisolm, William Chisolm, Emily C. Campbell, Debra C. Murphy, Allie C. Frazier, Cora C. Brown, Cordell Chisolm, Charles Chisolm, Jr., Phillip Chisolm, Anthony Chisolm, David Chisolm, Leonard Chisolm, and Levy Chisolm, Appellants.

2017-000738    The State, Respondent, v. Brian Christopher Daugherty, Appellant.

2017-001488    The State, Respondent. v. Jamar Antonio Huggins, Appellant.

2017-001089    The State, Respondent, v. Antwon Pierre Baker, Appellant.

2017-002628    James Wesley Patterson, #269129, Appellant, v. South Carolina Department of Corrections, Respondent.

2016-002193    Bank of North Carolina, Respondent, v. Anthony Whitfield and Cindy Whitfield, Defendants, Of whom Anthony Whitfield is the Appellant and Cindy Whitfield is a Respondent. Anthony Whitfield, Appellant, v. David Swanson, Respondent.

2017-001501    Stephen Jerrod Underwood, Respondent, v. Tara Michelle Cleveland and Victor Cleveland, Appellants.

2017-002189    The State, Respondent, v. John Anthony Duckett, Appellant.

2016-001159    Wendell Cooper, Appellant, v. Tom Berry and Kwik Kerb, Defendants, Of whom Tom Berry is the Respondent.

2016-002192    Bank of North Carolina, Respondent, v. Anthony Whitfield and Cindy Whitfield, Defendants, Of whom Anthony Whitfield is the Appellant and Cindy Whitfield is a Respondent. Anthony Whitfield, Appellant, v. David Swanson, Respondent.

2018-000271    The State, Respondent, v. Travis Semaj Hutchinson, Appellant.

2016-000180    Demetrius Palmer, Appellant, v. Mark Keel, Chief of the South Carolina Law Enforcement Division, and the State of South Carolina, Respondents.

2016-001158    Wendell Cooper, Appellant, v. East Coast Granite and Tile Inc., Respondent.

2016-001768    Debra D. Lauer, Respondent, v. Leslie Nicole Brooks and Bradford Scott Price, Defendants, Of Whom Leslie Nicole Brooks is the Appellant.

2017-001172    Tre'Vaughn Jackson, Petitioner, v. State of South Carolina, Respondent.