Supreme Court Seal
Supreme Court Seal
South Carolina
Judicial Branch
Supreme Court - 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, February 11, 2020
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2019-000920   Don Weaver, Appellant, v. Recreation District, Recreation Commission of Richland County, Paul Brawley, as Auditor of Richland County and David A. Adams, as Treasurer of Richland County, Respondents.

John E. Schmidt, III and Melissa J. Copeland, both of Schmidt & Copeland LLC, of Columbia, for Appellants. Charles H. McDonald and William C. Dillard, Jr., both of Belser & Belser, P.A., of Columbia and Bradley T. Farrar, of Richland County Attorney's Office, of Columbia, for Respondents.

The issue presented on appeal is whether the circuit court erred in rejecting Appellant's argument that section 6-11-271 of the South Carolina Code, concerning millage levied for special purpose districts, is unconstitutional.

 10:00 a.m. (Time Limits: 20-20-5)  
2019-000238   Ex Parte: Builders Mutual Insurance Company and Nationwide Mutual Insurance Company, Appellants, In Re: Palmetto Pointe at Peas Island Condominium Property Owners Association, Inc., and Jack Love, Individually, and on behalf of all others similarly situated, Plaintiffs, v. Island Pointe, LLC; Leonard T. Brown; Complete Building Corporation; Tri-County Roofing, Inc.; Creekside, Inc.; American Residential Services, LLC d/b/a Rescue Rooter Charleston; Andersen Windows, Inc.; Atlantic Building Construction Services, Inc. n/k/a Atlantic Construction Services, Inc.; Christopher N. Union; Builder Services Group, Inc. d/b/a Gale Contractor Services; Novus Architects, Inc. f/k/a SGM Architects, Inc.; Tallent and Sons, Inc.; WC Services, Inc., CRG Engineering, Inc.; Certainteed Corporation; Kelly Flooring Products, Inc. d/b/a Carpet Baggers and John Doe 1-60, Defendants, Tri-County Roofing, Inc., Third-Party Plaintiff, v. Cornerstone Construction and Mark Malloy d/b/a Cornerstone Construction; Gutter Works, Inc. and Michael L. Segars d/b/a Gutter Works; Mr. Gutter; Litchfield Seamless Gutters & Windows, LLC and Thomas Litchfield d/b/a Litchfield Seamless Gutter; Miracle Siding, LLC and Wilson Lucas Sales d/b/a Miracle Siding, LLC; Mark Palpoint a/k/a Micah Palpoint; Elroy Alonzo Vasquez; and Chris a/k/a John Doe 61, Third-Party Defendants. And Complete Building Corporation, Inc., Third-Party Plaintiff, v. Alderman Construction; Stanley's Vinyl Fence Designs; Cohen's Drywall; and Mosley Concrete, Third-Party Defendants, Of Whom Palmetto Pointe at Peas Island Condominium Property Owners Association, Inc. and Jack Love, Individually, and on behalf of all others similarly situated, Tri-County Roofing, Inc., Stanley's Vinyl Fence Designs, and WC Services, Inc. are the Respondents.

John L. McCants, of Rogers Lewis Jackson Mann & Quinn, LLC, of Columbia, J. R. Murphy and Timothy J. Newton, both of Murphy & Grantland, P.A., of Columbia, for Appellants. Steven L. Smith, Zachary J. Closser and Samuel M. Wheeler, all of Smith/Closser/Wheeler, PA, of Charleston, Justin O. Lucey and Joshua F. Evans, both of Justin O'Toole Lucey, P.A, of Mt. Pleasant, for Respondents. Mark S. Barrow and Christy E. Mahon, both of Sweeny, Wingate & Barrow, P.A., of Columbia and Steven M. Klepper, of Kramon & Graham, P.A., of Baltimore, Maryland, for Amici Curiae Hartford Fire Insurance Company, Hartford Casualty Insurance Company and Hartford Underwriters Insurance Company. Frank L. Eppes, of Eppes & Plumblee, PA, of Greenville, Jesse A. Kirchner, Michael A. Timbes and Thomas J. Rode, all of Thurmond Kirchner & Timbes, P.A., of Charleston, for Amicus Curiae South Carolina Association for Justice.

The Court considers the trial court's denial of an insurer's motion to intervene in a construction defect suit.

 10:30 a.m. (Time Limits: 10-10-5)  
2019-000843   Michael Landry, Petitioner, v. Angela Landry, Respondent.

Rhett D. Burney, of Rhett Burney, PC, of Simpsonville and J. Falkner Wilkes, of Greenville, for Petitioner. Larry K. Wood, P.A., of Mauldin, for Respondent.

We granted Michael Landry's petition for a writ of certiorari to review the court of appeals' decision affirming the family court's denial of relief under Rule 60, SCRCP.

Wednesday, February 12, 2020
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2019-000670   Rent-A-Center East, Inc., and Rent Way, Inc., Petitioners, v. South Carolina Department of Revenue, Respondent.

John C. von Lehe, Jr. and Bryson M. Geer, both of Nelson Mullins Riley & Scarborough, LLP, of Charleston, for Petitioners. Sean G. Ryan and Jason P. Luther, both of South Carolina Department of Revenue, for Respondent.

The Court granted a writ of certiorari to review the court of appeals decision in Rent-A-Center East, Inc. v. S.C. Dep't of Revenue, 425 S.C. 582, 824 S.E.2d 217 (Ct. App. 2019).

 10:00 a.m. (Time Limits: 15-15-5)  
2019-001373   Tower Street Capital Management Inc., Plaintiff. v. KnightBrook Insurance Company, Defendant.

James M. Griffin and Margaret N. Fox of Griffin Davis LLC; and Thornwell F. Sowell, III, and Bess J. DuRant of Sowell & Durant, LLC, all of Columbia, for Plaintiff. James G. Long, III and Emily Dobson Glover, of Nexsen Pruet LLC, of Columbia, for Defendant.

Pursuant to Rule 244 of the South Carolina Appellate Court Rules, the Court will answer the following questions certified by the United States District Court for the District of South Carolina: (1) Under South Carolina law, when a contract's durational term is keyed to the occurrence of a future, specific event, must the future, specific event be an objective event such that one party to the contract does not have control over it? and (2) If the answer to Question (1) is yes, does a contract that requires the two parties to the contract to form a corporation together in the future in order to terminate the contract qualify as an objective event that renders the contract sufficiently definite in duration such that it is not perpetual and thus not terminable at will?

 10:30 a.m. (Time Limits: 15-15-5)  
2019-000467   The State, Respondent, v. Robin Renee Herndon, Petitioner.

Appellate Defender David Alexander, of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General William F. Schumacher, IV, both of Columbia and Solicitor S. R. Hubbard, III, of Lexington, for Respondent.

The Court granted a writ of certiorari to review the court of appeals' decision in State v. Herndon, Op. No. 2018-UP-458 (S.C. Ct. App. filed Dec. 12, 2018).

 

Cases to be Submitted Without Oral Argument

Eric Ragsdale, Appellant, v. Mark Keel, Chief, State Law Enforcement Division, and the State of South Carolina, Respondents.

Jonathan M. Milling and Sandra V. Moser, both of Milling Law Firm, LLC, of Columbia, for Appellant. General Counsel Adam L. Whitsett and Litigation Counsel Paul T. Ahearn III, both of South Carolina Law Enforcement Division, of Columbia, Attorney General Alan M. Wilson and Senior Assistant Deputy Attorney General William M. Blitch, Jr., both of Columbia, for Respondent.