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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.

Monday, December 5, 2022
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2019-001719    Innovative Waste Management, Inc., Respondent, v. Crest Energy Partners GP, LLC, Crest Energy Partners L.P., Dunhill Products GP, LLC, Dunhill Products L.P., Henry Wuertz, and Edward H. Girardeau, Of Whom Crest Energy Partners GP, LLC, Crest Energy Partners L.P., Dunhill Products L.P., and Henry Wuertz are the Appellants.

David B. Marvel, of Charleston, for Appellants. Patrick Aulton Chisum and William M Gruenloh, both of Gruenloh Law Firm; of Charleston; Brian Ross Holmes, of George Sink, PA Injury Lawyers, of Columbia; Frederick John Jekel, of Leventis & Ransom, of Columbia; and Thomas Francis Drazan, of Charleston, all for Respondent.

In this complex litigation, Crest Energy Partners appeal an order granting sanctions for failing to cooperate in discovery.

 10:40 a.m. (Time Limits: 10-10-5)  
2018-001793    Dominic A. Leggette, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Lara Mary Caudy, of Columbia, for Petitioner. Senior Assistant Deputy Attorney General William M. Blitch, Jr., of Columbia, for Respondent.

In this action for post-conviction relief (PCR), Petitioner argues the PCR court erred in finding trial counsel provided effective assistance of counsel. Specifically, Petitioner argues trial counsel was ineffective in failing to object to voluntary manslaughter as a lesser included offense when the evidence presented at trial did not support the charge.

 11:20 a.m. (Time Limits: 10-10-5)  
2019-001732    Kathleen A. Grant, Dylan T. Grant, Devin D. Grant, and Andrea J. Grant, Appellants, v. Nationstar Mortgage, LLC, Respondent.

Daniel Scott Slotchiver and Stephen Michael Slotchiver, both of Slotchiver & Slotchiver, LLP, of Mount Pleasant; Jesse Sanchez, of The Law Office of Jesse Sanchez, of Charleston; and Stephen A. Spitz, of Charleston, all for Appellant. Lawrence Michael Hershon, of The Hershon Law Firm, P.A., of Charleston, for Respondent.

In this declaratory judgment action, Appellants Kathleen A. Grant, Dylan T. Grant, Devin D. Grant, and Andrea J. Grant seek review of an order of the circuit court finding that Respondent, Nationstar Mortgage, LLC's (Nationstar) mortgage is a valid encumbrance on property owned by Appellants. Appellants argue the court erred in finding that: (1) the current action is an action at law; (2) Nationstar had no duty to benefit the remaindermen; and (3) the life tenant had the authority to mortgage the property.

 12:00 p.m. (Time Limits: 10-10-5)  
2017-002302    Mitchell Rivers, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Taylor Davis Gilliam, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Chelsey Faith Marto, both of Columbia, SC for Respondent.

In this post-conviction relief action, Appellant Mitchell Rivers (Rivers) seeks review of an order dismissing his claim of ineffective assistance of counsel. Rivers argues that the post-conviction relief court erred in finding that Rivers's trial counsel was not ineffective in failing to object to evidence related to the victim's injuries.

Tuesday, December 6, 2022
Courtroom I
 10:40 a.m. (Time Limits: 10-10-5)  
2019-001841    Malinda J. Sullivan-Carter, Appellant, v. Sammy Joe Russell Carter, Respondent.

Miles Edward Coleman, of Nelson Mullins Riley & Scarborough, LLP, of Greenville; and Jacob Daniel Taylor, of Nelson Mullins Riley & Scarborough, LLP, of Denver, CO, both for Appellant. Ryan W. Lane, of The Lane Law Firm, LLC, of Columbia, for Respondent.

In this family court action filed by Malinda J. Sullivan-Carter against Sammy Joe Russell Carter, Sullivan-Carter appeals, arguing the family court erred in (1) finding a common law marriage existed; (2) equitably dividing the parties' property; and (3) granting Carter attorney's fees.

 11:20 a.m. (Time Limits: 10-10-5)  
2019-001417    The State, Respondent, v. Kayla Marie Cook, Appellant.

Appellate Defender Susan Barber Hackett, of Columbia; Daniel J. Westbrook, of Nelson Mullins Riley & Scarborough, LLP, of Columbia; and Amber Modestine Steele Hendrick, of Nelson Mullins Riley & Scarborough, LLP, of Torrance, CA, all for Appellant. Attorney General Alan McCrory Wilson, Senior Assistant Deputy Attorney General William M. Blitch, Jr., and Senior Assistant Attorney General Mark Reynolds Farthing, all of Columbia; and Solicitor Randy E. Newman, Jr., of Lancaster, all for Respondent.

Kayla Marie Cook appeals her conviction for homicide by child abuse, arguing the trial court erred in (1) refusing to grant a mistrial and (2) allowing the introduction of evidence that the minor victim suffered an arm injury two- to four-weeks prior to her death.

 12:00 p.m. (Time Limits: 10-10-5)  
2019-001169    Aracelis Santis, Appellant, v. Harris Investment Holdings, L.L.C., Respondent.

Thomas R. Goldstein, of Belk Cobb Infinger & Goldstein, PA, of Charleston, for Appellant. Merritt Gordon Abney, of Nelson Mullins Riley & Scarborough, LLP, of Charleston, for Respondent.

In this appeal, Aracelis Santos argues the magistrate court erred in granting Harris Investment Holdings, LLC (HIH) attorney's fees pursuant to the terms of their lease agreement.

 12:00 p.m. (Time Limits: 10-10-5)  
2021-000768    Aracelis Santos, Appellant, v. Harris Investment Holdings, LLC, City of Hanahan, City of Hanahan Police Department, John Doe #1 and John Doe #2, employees of the City of Hanahan Police Department, Defendants, of which Harris Investment Holdings, LLC is the Respondent.

Thomas R. Goldstein, of Belk Cobb Infinger & Goldstein, PA, of Charleston, for Appellant. Merritt Gordon Abney and Olesya Vaskevich Bracey, both of Nelson Mullins Riley & Scarborough, LLP, of Charleston; and Stafford John McQuillin, III, of Haynsworth Sinkler Boyd, PA, of Charleston, all for Respondent.

In this appeal, Aracelis Santos argues the circuit court erred in granting Harris Investment Holdings, LLC's (HIH) motion to dismiss Santos's complaint pursuant to Rule 12(b)(6), SCRCP.

 2:30 p.m. (Time Limits: 10-10-5)  
2022-000071    South Carolina Department of Social Services, Respondent, v. Kristin Pennington and Adam Peterson, Defendants, Of whom Adam Peterson is the Appellant. In the interest of a minor under the age of eighteen.

Kenneth Philip Shabel, of Kennedy & Brannon, P.A., of Spartanburg, for Appellant. Robert C. Rhoden, III, of Spartanburg; and Andrew Troy Potter, of Anderson, both for Respondent. Jonathan Drew Hammond, of Greenville, for Guardian Ad Litem.

Adam Peterson appeals the family court's final order terminating his parental rights to his minor child. On appeal, Peterson argues the family court erred by finding clear and convincing evidence showed termination of his parental rights was in the minor child's best interest.

Wednesday, December 7, 2022
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2019-001912    The State, Respondent, v. Calvin D. Ford, Appellant.

Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Tommy Evans, Jr., all of Columbia, for Respondent.

Calvin D. Ford appeals his convictions for murder, possession of a weapon during the commission of a violent crime, and unlawful possession of a weapon by a person convicted of a violent crime. He alleges the trial court made several errors during his pretrial immunity hearing, improperly allowed into evidence a witness's prior consistent statement, and violated Section 16-23-490(A) of the South Carolina Code.

 10:40 a.m. (Time Limits: 10-10-5)  
2019-002071    Joe Hand Promotions, Inc., Appellant, v. Christopher Michael Ruegsegger a/k/a Chris Ruegsegger, Founders Federal Credit Union and Springleaf Financial Services, Defendants, Of which Founders Federal Credit Union is the Respondent.

Leonard R. Jordan, Jr., of Jordan Law Firm, of Columbia, for Appellant. Suzanne G. Grigg, of Nexsen Pruet, LLC, of Columbia, for Respondent.

Joe Hand Promotions, Inc. (Joe Hand) appeals the master-in-equity's order denying its request to reorder three judgment liens against Christopher Ruegsegger so as to give its lien first priority. Joe Hand maintains the master erred in failing to find the reprioritizing of the judgment liens was warranted under the "superior diligence" or "creditor diligence" doctrine.

Thursday, December 8, 2022
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2020-000021    In the Matter of the Estate of Chris Combis, Desa Ballard, as Personal Representative of the Estate of Chris Combis, Respondent, v. George Combis, Diane Combis, and Chris Combis, Defendants, Of Whom, George Combis and Chris Combis are the Appellants.

Brian Scott McCoy, of McCoy Law Firm, LLC, of Rock Hill, for Appellant. Douglas Neal Truslow and Neal Douglas Truslow, both of Truslow & Truslow, of Columbia; and Ty Kimmell McTier, of Charlotte, NC, all for Respondent.

George Combis and Chris Combis appeal the circuit court's order finding them in civil contempt and imposing a joint and several sanction in the amount of $70,000 as compensatory contempt.

 10:40 a.m. (Time Limits: 10-10-5)  
2019-001921    Tekayah Hamilton, individually and as parent and guardian ad litem for Robert Lee M. Jr., a minor child under the age of 18, Respondent, v. Regional Medical Center, Appellant.

Michael C. Tanner, of Michael C. Tanner, LLC, of Bamberg; and Morgan Rebekkah Long, of Michael Tanner, LLC, of Trenton, NC, both for Appellant. Jonathan F Krell, of Uricchio Howe Krell Jacobson Toporek Theos & Keith, PA, of Charleston; and David Reynolds Williams and Virginia Watson Williams, both of Williams & Williams, of Orangeburg; and Kathleen Chewning Barnes, of Barnes Law Firm, LLC, of Hampton, all for Respondent.

In this medical malpractice action, Regional Medical Center appeals the trial court's (1) determinations of issues concerning expert witnesses, (2) denial of its motion for directed verdict, (3) admission of photographs, (4) publishing to the jury the request to admit, and (5) denial of its motion for a new trial absolute or new trial nisi remittitur.

 11:20 a.m. (Time Limits: 10-10-5)  
2017-001795    Raglins Creek Farms, LLC, Respondent, v. Nancy Dunn Martin, Appellant.

Wesley Dickinson Peel, Joey Randell Floyd, and Chelsea Jaqueline Clark, all of Bruner Powell Wall & Mullins, LLC, of Columbia, for Appellant. John W. Wells, of Baxley, Wells & Benson, of Lugoff; and Michael Brent McDonald, of Bundy McDonald, LLC, of Summerville, both for Respondent.

This is an appeal from a master's order finding easements by grant, prescription, and public dedication across Appellant Nancy Dunn Martin's properties. She argues that each of these grounds is incorrect and that there is not an easement. Martin also argues the master erred by failing to dismiss the case as time barred under sections 15-3-340, 15-3-360, and 15-3-380 of the South Carolina Code.

Tuesday, December 6, 2022
Courtroom II
 10:00 a.m. (Time Limits: 10-10-5)  
2020-000046    Mark Green, as Personal Representative of The Estate of Randall M. Green and Ann Green, Respondent, v. Wayne B. Bauerle, M.D. and Wayne B. Bauerle M.D., P.C., Appellants.

John B. McCutcheon, Jr., of Thompson & Henry, PA, of Conway; Andrew F. Lindemann, of Lindemann & Davis, P.A., of Columbia; and Lisa Arlene Thomas, of Richardson Plowden & Robinson, PA, of Myrtle Beach, all for Appellants. L. Morgan Martin, of Law Offices of L. Morgan Martin, P.A., of Conway; Cristin Ann Uricchio, of Uricchio Law Firm, of Charleston; and O. Grady Query, of Query Sautter & Associates, LLC, of Charleston, all for Respondent.

Wayne B. Bauerle, M.D. and Wayne B. Bauerle, M.D., P.C. appeal the circuit court's order computing setoffs from verdicts returned in favor of Randall and Ann Green. Appellants argue the circuit court erred in (1) finding the Greens intended their settlement with Grand Strand Regional Medical Center be allocated equally between them; (2) determining loss of consortium damages sustained by Ann Green in excess of the jury's verdict; (3) failing to treat the verdicts and settlement proceeds as marital or joint property; and (4) failing to apply controlling precedent in calculating setoff.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2019-002124    In RE: Estate of Stephen Day Ward, Jr., Ann Noble-Kiley as Personal Representative of the Estate of Mary K. Ward a/k/a Mary Kimberly Ward, Respondent v. Stephanie Ward Cibinic, David D. Ward, and Brian C. Ward, Personal Representatives, Appellants.

Amanda A. Bailey, of Burr & Forman LLP, of Myrtle Beach; and George Edmondston Morrison, of Burr & Forman LLP, of Charleston, both for Appellants. Jane A. McFaddin, of Charleston, for Respondent.

In this estate action, Appellants Stephanie Ward Cibinic, David D. Ward, and Brian C. Ward argue that the circuit court and probate court erred in finding that Mary K. Ward was entitled to an omitted spousal share from the estate of Stephen Day Ward, Jr.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2019-001920    The State, Respondent, v. Rodney Jerome Furtick, Appellant.

Appellate Defender Joanna Katherine Delany, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General William M. Blitch, Jr., both of Columbia; and Solicitor Samuel R. Hubbard, III, of Lexington, all for Respondent.

Rodney Furtick appeals his conviction of second-degree criminal sexual conduct, arguing the circuit court erred in finding evidence of his prior convictions was admissible for impeachment purposes under Rule 609, SCRE.