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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, February 1, 2021
Virtual Courtroom I
 11:40 a.m. (Time Limits: 10-10-5)  
2018-001108    Allstate Fire and Casualty Insurance Company, Respondent, v. Pamela Goodwin, Appellant.

Eric Marc Poulin and Lane Douglas Jefferies, both of Anastopoulo Law Firm, LLC, and Roy T. Willey, IV, all of Charleston, for Appellant. Alfred Johnston Cox and John Thomas Lay, Jr., both of Gallivan, White & Boyd, PA, of Columbia; and Janice Holmes, of Clyde & Co US LLP, of Lexington, all for Respondent.

In this appeal from an order of the circuit court granting summary judgment in favor of Allstate Fire and Casualty Insurance Company (Allstate), Pamela Goodwin argues the circuit court erred by finding she and Allstate had an enforceable settlement agreement because Allstate failed to comply with the terms of her offer of compromise by not (1) issuing a certified bank check or cashier's check and (2) tendering all applicable policy limits.

Tuesday, February 2, 2021
Virtual Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2018-001158    Curtis Mills, Respondent, v. The South Carolina State Ports Authority, Appellant.

Randell Croft Stoney, Jr., and John William Fletcher, both of Barnwell Whaley Patterson & Helms, LLC, and Randolph Russell Lowell, of Willoughby & Hoefer, PA, all of Charleston, for Appellant. Ladson Fishburne Howell, Jr., of Howell and Christmas, LLC, of Mt. Pleasant, for Respondent.

In this civil matter, the South Carolina State Ports Authority argues the trial court erred by refusing to give a comparative negligence instruction and by denying its motions for a new trial absolute or a new trial nisi remittitur.

 10:40 a.m. (Time Limits: 15-15-5)  
2018-001194    G. Allen Rutter, Respondent, v. City of Columbia Design/Development Review Commission, Appellant.

M. McMullen Taylor, of Columbia, for Appellant. Benjamin C. Bruner and Chelsea Jaqueline Clark, both of Bruner Powell Wall & Mullins, LLC, of Columbia, for Respondent.

This case concerns proposed changes to a home in a historic neighborhood. The circuit court held that a City of Columbia design review commission violated a homeowner's due process rights and that certain municipal rules related to historic preservation and architectural review were vague and indefinite. The City appeals.

 11:20 a.m. (Time Limits: 10-10-5)  
2018-001265    Kelaher, Connell & Conner, P.C., Appellant, v. South Carolina Workers' Compensation Commission, Respondent.

Gene McCain Connell, Jr., of Kelaher Connell & Connor, PC, of Surfside Beach, for Appellant. Douglas Charles Baxter and Carmen Vaughn Ganjehsani, both of Richardson Plowden & Robinson, PA, of Columbia; Chelsea Lane Monroe, of Motley Rice, LLC, of Mount Pleasant; and James Keith Roberts, of Columbia, all for Respondent.

Tuesday, February 9, 2021
Virtual Courtroom I
 11:20 a.m. (Time Limits: 10-10-5)  
2017-001796    The State, Respondent, v. Guadalupe Guzman Morales, Appellant.

Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General William M. Blitch, Jr., both of Columbia, for Respondent.

Guadalupe Morales appealed his convictions for assault with intent to commit criminal sexual conduct (CSC) with a minor, second degree; CSC with a minor, second degree; and CSC with a minor, first degree. He maintains testimony regarding the victim's sister's prior alleged abuse was erroneously admitted at trial. On remand from the Supreme Court of South Carolina, we consider Morales's contention in light of the reversal of State v. Wallace, 384 S.C. 428, 683 S.E.2d 275 (2009).

Wednesday, February 10, 2021
Virtual Courtroom I
 10:00 a.m. (Time Limits: 15-15-5)  
2019-000569    Country Properties, LLC, Appellant, v. Nancy Dunn Martin, Respondent.

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

In this case about an easement, Country Properties LLC appeals the master-in-equity's order that granted a new trial based on after-discovered evidence.

 10:40 a.m. (Time Limits: 10-10-5)  
2018-001139    The State, Respondent, v. Gregg Pickrell, 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.

Gregg Pickrell appeals from her murder conviction asserting the immunity hearing judge erred in denying her immunity from prosecution. She also maintains the trial court erred in allowing improper lay opinion testimony from two law enforcement officers during her trial.

Thursday, February 11, 2021
Virtual Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2018-001156    Quality Lawn Care and Landscaping, Inc. d/b/a Design South Landscape Co., Appellant, v. Coogler Construction Company, Inc., Respondent.

Thomas Jefferson Goodwyn, Jr., of Goodwyn Law Firm, LLC, of Columbia, for Appellant. Edward Wade Mullins, III, of Bruner Powell Wall & Mullins, LLC, of Columbia, for Respondent.

In this action, Quality Lawn Care and Landscaping, Inc. d/b/a Design South Landscape Company (the Subcontractor) appeals the master-in-equity's order finding it breached its contract with Coogler Construction Company, Inc. (the Contractor) by building a retaining wall in the wrong location. The Subcontractor also asserts that even if it did breach the contract, the master-in-equity erred in ordering it to pay for the removal and reconstruction of the entire wall.

 10:40 a.m. (Time Limits: 10-10-5)  
2018-001386    Stacy Singletary, individually and as personal representative of the Estate of Sheldon Singletary, Respondent, v. Kelvin Shuler, Appellant.

Eduardo Kelvin Curry, of The Curry Law Firm LLC, of N. Charleston, for Appellant. Thaddeus James Doughty, of Thad J. Doughty, Attorney at Law, of N. Charleston, for Respondent.

In this civil matter, Kevin Shuler appeals a judgment granted against him in a wrongful death and survival action. Specifically, Shuler appeals the trial court's order (1) finding he was not entitled to self-defense immunity under section 16-11-440 of the South Carolina Code (2015), (2) finding the respondent presented evidence to support a finding of wrongful death; (3) finding the respondent presented evidence of conscious pain and suffering to support a survival action; and (4) awarding actual damages that included unsubstantiated income.

 11:20 a.m. (Time Limits: 10-10-5)  
2018-001257    The State, Respondent, v. Charles Dent, Appellant.

E. Charles Grose, Jr., of Grose Law Firm, of Greenwood, for Appellant. Attorney General Alan McCrory Wilson and Jonathan Scott Matthews, both of Columbia, for Respondent.

Tuesday, February 2, 2021
Virtual Courtroom II
 10:00 a.m. (Time Limits: 10-10-5)  
2018-001221    In Re: Venture Engineering, agent for DT LLC, Respondent, v. Horry County Zoning Board of Appeals, Appellant.

Matthew R. Magee, of Thomas & Brittain, P.A, of Myrtle Beach, for Appellant. Robert S. Shelton, of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., of Myrtle Beach, for Respondent.

Appellant Horry County Zoning Board of Appeals (the Board) seeks review of the circuit court's order reversing the Board's respective decisions prohibiting Respondent Venture Engineering from receiving commercial loads of concrete material from outside contractors for recycling and denying Respondent's request for certain variances from the zoning ordinances governing concrete recycling/aggregate processing businesses. The Board argues that the circuit court erred by consolidating Respondent's separate appeals from the Board's decisions. The Board also argues that the circuit court erred by considering evidence outside the respective certified records in each appeal and failing to apply the appropriate standard of review in each appeal.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2018-001237    Kenneth L. Barr, Claimant, Appellant, v. Darlington County School District, Employer, and S.C. School Boards Insurance Trust, Carrier, Respondents.

Preston F. McDaniel, of McDaniel Law Firm, of Columbia; and Gerald Malloy, of Malloy Law Firm, of Hartsville, for Appellant. Kirsten Leslie Barr, of Trask & Howell, LLC, of Mt. Pleasant, for Respondents.

This matter arises from a decision of the Appellate Panel of the Workers' Compensation Commission regarding an employee's alleged exposure to volatile organic compounds in paint products while serving as a painter for the employer. The employee asserts the Commission erred in its decision, raising seven issues on appeal.

 
 12:00 p.m. (Time Limits: 10-10-5)  
2018-000791    Jeffrey Lance Cruce, Respondent, v. Berkeley County School District, Appellant.

E. Brandon Gaskins, of Moore & Van Allen, PLLC, of Charleston; Joshua Steven Whitley, of Smyth Whitley, LLC, of Charleston; Andrew F. Lindemann, of Lindemann & Davis, P.A., of Columbia; Richard J. Morgan, of Burr & Forman LLP, of Columbia; and William Grayson Lambert, of Burr & Forman LLP, of Columbia, all for Appellant. Lucy Clark Sanders and Nancy Bloodgood, both of Bloodgood & Sanders, LLC, of Mt. Pleasant, for Respondent.

Berkeley County School District (the District) appeals the circuit court's denying its motions for a directed verdict and a judgment notwithstanding the verdict (JNOV) on Jeffrey Lance Cruce's defamation cause of action. It contends it had absolute sovereign immunity because Cruce qualified as either a public official or a limited public figure and thus was required to prove actual malice. It also maintains Cruce failed to prove each element of defamation.

 
Cases to be Submitted Without Oral Argument
2019-001058    In the Matter of the Care and Treatment of James Williams, Appellant.

2019-001364    Booker T. Hill, Petitioner, v. State of South Carolina, Respondent.

2018-000852    S. Scott Porter, Individually and as Co-Trustee of The Stanley Scott Porter Trust UA dated January 2, 1991, a member of Peaceful Lane MHP, LLC, Respondent, v. Kenneth Hucks, Individually and as a member and formerly designated manager of Peaceful Lane MHP, LLC, Appellant.

2018-000480    Karriem Provet, Petitioner, v. State of South Carolina, Respondent.

2018-001377    Jamie A. Makupson, Petitioner, v. State of South Carolina, Respondent.

2018-001023    The State, Appellant, v. M'Andre Cochran, Respondent.

2018-001554    Yvette Cole, Appellant, v. Shirley Heyward, Respondent.

2018-001578    Travis Javon Harris, Petitioner, v. State of South Carolina, Respondent.

2019-000893    The State, Respondent, v. Tiffany Mae Miles, Appellant.

2018-000984    June H. White, as Operating Member of Chauga Creek Retreat, Respondent, v. Marilyn Green, Appellant, June White, Individually and as Owner/Operator of Mountain Rest Campground, William H. White, Individually and as Owner/Operator of Hilltop Bike Park, James Edward (Ed) Walker, Respondents.

2019-001318    Randevious Hi-Keem Sims, Petitioner, v. State of South Carolina, Respondent.

2018-000486    Michael D. Watson, Petitioner, v. State of South Carolina, Respondent.

2018-000400    Marvin Eubanks, Appellant, v. Holly Eubanks et al, Respondent.

2018-001974    In the Matter of the Care and Treatment of Mark Rainey a/k/a Mark Raney, Appellant.

2019-000579    Quantae Priest, Petitioner, v. State of South Carolina, Respondent.

2018-000850    The State, Respondent, v. Eric Emanuel English, Appellant.

2017-002374    Christopher L. Hampton, Petitioner, v. State of South Carolina, Respondent.

2018-000332    Stephen G. Brock, Appellant, v. Town of Mount Pleasant, Respondent.

2019-000832    SeanDrea Lamont Johnson, Petitioner, v. State of South Carolina, Respondent.

2018-001031    The State, Respondent, v. Calvin Lee Phillips, II, Appellant.

2018-002074    The State, Respondent, v. Keshawn Melvin Rice, Appellant.

2018-001367    The State, Respondent, v. Geraldo Dametrius Land, Appellant.

2020-000014    Albert L. Johnson, Petitioner, v. State of South Carolina, Respondent.

2018-001133    The State, Respondent, v. Thomas Allen Smith, Appellant.

2017-002311    Miguel Alejandro Urena, Petitioner, v. State of South Carolina, Respondent.

2018-001331    McIver R. Feagin, Jr., Respondent v. State of South Carolina, Petitioner,

2018-001000    George Albert Jones, Petitioner, v. State of South Carolina, Respondent.

2019-000414    Michael D. Maddox, Petitioner, v. State of South Carolina, Respondent.

2018-001477    Robert J. D'Espies, Claimant, Appellant, v. S&A Construction and More, LLC, Employer, and South Carolina Workers' Compensation Uninsured Employers' Fund, Respondents.

2019-000388    The State, Respondent, v. Billy Christopher Whitmire, Appellant.

2018-000340    Joseph Edward McMullen, Appellant, v. Terra Oaks Architectural Committee, Paola Rogers, Dwain Cook and John Simpson as putative members of the Terra Oaks Architectural Committee, Respondents.

2019-000280    The State, Respondent, v. Alonza King Gibson, Appellate.

2019-000619    In the Interest of Dylan L. M., A Juvenile Under the Age of Seventeen, Appellant.

2019-000981    Jason Leaphart, Petitioner, v. State of South Carolina, Respondent.

2019-000398    Sequoia McKinnon, Petitioner, v. State of South Carolina, Respondent.

2019-000198    The State, Respondent, v. Delvinche Keon Williams, Appellant.

2018-000722    Darrell Sturkey, #182368, Appellant, v. South Carolina Department of Corrections, Respondent.

2019-000088    Edward L. Green, Appellant, v. Mark Keel, Director, South Carolina Law Enforcement Division (SLED) and the State of South Carolina, Respondents.

2018-001932    The State, Respondent, v. Dale Elroy Mathis, Appellant.

2019-001872    Timothy M. Wright, Petitioner, v. State of South Carolina, Respondent.

2019-001377    Aaron Alonzo Brown, Petitioner, v. State of South Carolina, Respondent.

2019-001105    Tony Lamont Young, Petitioner, v. State of South Carolina, Respondent.