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.

Tuesday, April 5, 2022
Courtroom I
 10:40 a.m. (Time Limits: 10-10-5)  
2019-000330    Joshua Hawkins and Floyd S. Mills, III, Appellants, v. Secretary of State Mark Hammond, South Carolina Secretary of State's Office, Respondents, And Thomas Alexander, in his capacity as President of the South Carolina Senate, and James "Jay" Lucas, in his official capacity as the Speaker of the South Carolina House of Representatives, Respondents.

Joshua Thomas Hawkins and Helena LeeAnn Jedziniak, both of Hawkins & Jedziniak, LLC, of Greenville; and Druanne Dykes White, Trevor Brian White, and Kyle Jason White, all of White, Davis & White Law Firm, PA, of Anderson, all for Appellants. Karl Smith Bowers, Jr., of Columbia, for Respondents Mark Hammond and South Carolina Secretary of State's Office. Matthew A. Abee and Allen Mattison Bogan, both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Respondents Harvey S. Peeler, Jr., and James "Jay" Lucas.

Joshua Hawkins and Floyd S. Mills, III (Appellants) filed this action against Secretary of State Mark Hammond, South Carolina Secretary of State's Office, Thomas Alexander, in his capacity as President of the South Carolina Senate, and James "Jay" Lucas, in his official capacity as the Speaker of the South Carolina House of Representatives to invalidate two tort reform laws as unconstitutional. Appellants appeal the circuit court's dismissal of the action, arguing (1) their claims are not barred by res judicata; (2) they have standing to challenge the tort reform laws; (3) the Secretary of State failed to comply with constitutional prerequisites to validity; and (4) their claims were timely.

 11:20 a.m. (Time Limits: 10-10-5)  
2019-000951    K.S., a minor, by and through his Guardian ad Litem, James Seeger, Appellants, v. Richland School District Two, Respondent

Jacob John Modla, of The Law Offices of Jason E. Taylor, P.C., of Rock Hill, for Appellant. Sheneka Shante Lodenquai and Thomas Kennedy Barlow, both of Columbia, for Respondent.

The circuit court directed a defense verdict in this tort action about alleged bullying by a teacher of a student. The issues are whether the court correctly ruled emotional damages were not recoverable absent a physical injury, whether the court correctly excluded a proposed expert, and whether the Safe School Climate Act repealed the Tort Claims Act.

 12:00 p.m. (Time Limits: 10-10-5)  
2019-000781    The State, Respondent, v. Joseph Lamar Brown, Jr., Appellant.

Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Senior Assistant Deputy Attorney General Melody Jane Brown, and Assistant Attorney General Caroline Scrantom, all of Columbia, for Respondent.

Joseph Lamar Brown, Jr. appeals his convictions for murder, first degree burglary, attempted armed robbery, and possession of a weapon during the commission of a violent crime, arguing the circuit court erred in (1) failing to dismiss the charge for armed robbery, (2) prohibiting evidence of third party guilt, and (3) failing to suppress evidence secured by a search warrant.

 12:40 p.m. (Time Limits: 10-10-5)  
2019-000886    Freddie Tarver, Claimant, Appellant, v. Beech Island Rural Community, Employer, and Auto Owners Insurance Company, Carrier, Respondents.

Hyman S. Rubin, Jr., of McDonald, McKenzie, Rubin, Miller & Lybrand, LLP, of Columbia, for Appellant. James Paul Newman, Jr., of Howser Newman & Besley, LLC, of Columbia; and Andrew Elliott Haselden, of Howser Newman & Besley, LLC, of Charleston, both for Respondents.

Freddie Tarver appeals an order of the Appellate Panel of the South Carolina Workers' Compensation Commission (the Appellate Panel) affirming the single commissioner, arguing the Appellate Panel erred in (1) denying his claim of permanent and total disability, or alternatively, denying permanent partial disability, (2) failing to make an award for his lower extremities, and (3) miscalculating his average weekly wage.

Thursday, April 7, 2022
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2019-000868    Frieda H. Dortch, Appellant, v. City of Coumbia, Planning & Development Services/Zoning Division a/k/a City of Columbia Board of Zoning Appeals, Respondent.

M. Baron Stanton, of Stanton Law Offices, P.A., of Columbia, for Appellant. Peter M Balthazor, of Riley Pope & Laney, LLC, of Columbia, for Respondent.

Frieda H. Dortch appeals the circuit court's decision to affirm the City of Columbia Board of Zoning Appeals' (the Board) determination her residential housing duplex at 825 and 825 1/2 Heidt Street lost its legal nonconforming (grandfather) status. Dortch also appeals the circuit court's decision to affirm the Board's denial of her variance requests for the property to have a duplex despite being below a zoning ordinance's required lot size.

 10:40 a.m. (Time Limits: 10-10-5)  
2019-001047    Michael Edmonds, Respondent, v. City of Columbia, Appellant.

Chad Nicholas Johnston and Robert Walker Humphrey, II, both of Willoughby & Hoefer, PA, and Dana M. Thye, all of Columbia, for Appellant. James Paul Porter, of Cromer Babb Porter & Hicks, LLC, of Columbia, for Respondent.

In this civil action, the City of Columbia appeals the jury's verdict in favor of Michael Edmonds on his negligence claim, arguing no tort of "negligent separation" exists and no evidence supports recovery on any theory of negligence.

 11:20 a.m. (Time Limits: 10-10-5)  
2019-000938    The State, Respondent, v. Devin Jamel Johnson, 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 Assistant Attorney General W. Edgar Salter, III, all of Columbia; and Solicitor Scarlett Anne Wilson, of Charleston, all for Respondent.

Devin Jamel Johnson appeals his conviction of murder. He contends the trial court erred in admitting into evidence his statement to law enforcement, removing a juror midtrial, and instructing the jury on accomplice liability.

Tuesday, April 12, 2022
Courtroom I
 10:40 a.m. (Time Limits: 10-10-5)  
2019-000926    The State, Respondent, v. Derrick Tyler Mills, Appellant.

Tommy Arthur Thomas, of Irmo, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia; and Solicitor David Michael Pascoe, Jr., of Orangeburg, all for Respondent.

Derrick Mills appeals from his conviction for armed robbery, arguing the trial court erred as a matter of law when it conducted proceedings after declaring a mistrial, specifically in requiring jurors to return to the courtroom, reading a verdict form, and sentencing him because the court lacked jurisdiction once the trial ended.

 11:20 a.m. (Time Limits: 10-10-5)  
2019-001062    Vincent C. Carter d/b/a Elite Construction Co., Respondent, v. Eagles Landing Restaurants, LLC, Appellant.

Brooks Roberts Fudenberg, of Law Office of Brooks R. Fudenberg, LLC, of Charleston, for Appellant. Gary Ivan Finklea and Patrick Buel Ford, of Finklea Law Firm, of Florence, for Respondent.

In this breach of contract and quantum meruit action between, Vincent Carter d/b/a Elite Construction and Eagles Landing Restaurants, LLC (Eagles Landing), Eagles Landing argues the special referee erred in (1) denying Eagles Landing a setoff, (2) miscalculating the total payments Eagles Landing made to Carter, (3) not holding Carter liable for Eagles Landing's lost income, and (4) applying an improper standard in reviewing the parties' Rule 59(e), SCRCP, motions.

 12:00 p.m. (Time Limits: 10-10-5)  
2019-001064    Patricia Pate, Employee/Claimant, Appellant, v. College of Charleston, Employer, and State Accident Fund, Carrier, Respondents.

Stephen Benjamin Samuels, of Samuels Reynolds Law Firm LLC, of Columbia; and Max Capper Sparwasser, of Max Sparwasser Law Firm, LLC, of Mount Pleasant, both for Appellant. Margaret Mary Urbanic, of Clawson & Staubes, LLC, of Charleston; Kirsten Leslie Barr, of Trask & Howell, LLC, of Mt. Pleasant; Mikell Holbrook Wyman, of Wyman Law Firm, LLC, of Charleston; and Page Hilton, of Wedgefield, all for Respondents.

This case is about whether the Workers' Compensation Commission erred in finding the claimant's back injury did not affect other parts of her body and whether it erred in finding she was not permanently and totally disabled.

Wednesday, April 13, 2022
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2019-001636    The State, Respondent, v. Sidney Stclair Moorer, Appellant.

Appellate Defender Taylor Davis Gilliam, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General David A. Spencer, both of Columbia, for Respondent.

Sidney S. Moorer appeals his convictions for kidnapping and conspiracy to kidnap, arguing the trial court erred in (1) transferring venue back to Horry County; (2) denying his motion for directed verdict on both the kidnapping and conspiracy to kidnap charges; and (3) qualifying Grant Fredericks as an expert in forensic video analysis and allowing him to testify as to his opinion that, based on headlight pattern and characteristics, the Moorers' truck was the vehicle seen on videotape near the time and place victim disappeared.

 10:40 a.m. (Time Limits: 10-10-5)  
2019-001067    The State, Appellant, v. Christopher Huggins, Respondent.

Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General William M. Blitch, Jr., both of Columbia, for Appellant. Adam Joseph Russo, of Drennan Law Firm LLC, of Mount Pleasant, for Respondent.

Thursday, April 14, 2022
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2019-000995    Amber Geohaghan, Appellant, v. South Carolina Department of Employment and Workforce and South Carolina Department of Social Services, Respondents.

Adam Protheroe, of Columbia, for Appellant. Eugene Hamilton Matthews, of Richardson Plowden & Robinson, PA, of Columbia, for Respondent South Carolina Department of Social Services. Todd Stuart Timmons and Benjamin Thomas Cook, both of Columbia, for Respondent South Carolina Department of Employment and Workforce.

Amber Geohaghan appeals the Administrative Law Court's (the ALC's) order affirming the South Carolina Department of Employment and Workforce's (the Department's) final decision determining Geohaghan was indefinitely ineligible for receipt of unemployment benefits. Geohaghan argues the ALC erred (1) in holding the question of whether she had good cause to resign was a question of fact subject to substantial evidence review and (2) in affirming the Department's finding she resigned without good cause when that finding was not supported by substantial evidence.

 10:40 a.m. (Time Limits: 10-10-5)  
2019-000649    Stephen R. Edwards, Individually and as Personal Representative of the Estate of Steven Redfearn Stewart, Respondent, v. Scapa Waycross, Inc., Appellant.

Robert B. Gilbreath and S. Christopher Collier, both of Atlanta, GA; William Peele Early, of Pierce, Sloan, Wilson, Kennedy & Early, LLC, of Charleston; and Joseph C. Wilson, IV, of Joseph C Wilson Law Firm LLC, of Folly Beach, all for Appellant. Mona Lisa Wallace and William M. Graham, both of Wallace & Graham, PA, of Salisbury, NC; Frederick John Jekel, of Leventis & Ransom, of Columbia; Thomas H. Hart, III, of Hart Law LLC, of Summerville; Gregory Lynn Hyland, of Gregory L. Hyland, Attorney at Law, LLC, of Summerville; and Kathleen Chewning Barnes, of Barnes Law Firm, LLC, of Hampton, all for Respondent.

Thursday, April 7, 2022
Courtroom II
 10:00 a.m. (Time Limits: 10-10-5)  
2019-001032    Caleb Snow and Mary Snow, as P.R. for the Estate of Chequita Snow Burgess, Deceased, Plaintiffs v. James Burgess, Michael Scott, and Heike Scott, Defendants, Michael Scott and Heike Scott, Third-Party Plaintiffs, are the Appellants, v. Eugene Rhinehart, Third-Party Defendant, Respondent.

Damon Christian Wlodarczyk, of Riley Pope & Laney, LLC, of Columbia, for Appellants. John Robert Murphy, of Murphy & Grantland, PA; and Sarah Elizabeth Caiello, both of Columbia, for Respondent.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2019-001270    Lady Beaufort, LLC & Tideland Realty, Inc., Appellants, v. Hird Island Investments, Inc., Sherwood N. Fender, Addison D. Fender, Martha B. Fender, William B. Bowen, Lady Kemmerlin, LLC, Brickyard Holdings, Inc. and A&K Holding Co., LLC, Defendants, AND William M. Bowen, Third-Party Plaintiff, v. James S. Kerr and Matt Trumps, Third-Party Defendants, Of Which Hird Island Investments, Inc. and Sherwood N. Fender are the Respondents.

Andrew K. Epting, Jr., and Jaan Gunnar Rannik, both of Epting & Rannik, LLC, of Charleston, for Appellants. William M. Bowen, of William M. Bowen, PA, and H. Fred Kuhn, Jr,. of Moss Kuhn & Fleming, PA, both of Hilton Head Island, for Respondents.

 
 10:40 a.m. (Time Limits: 15-15-5-5)  
2018-001969    Lady Beaufort, LLC & Tideland Realty, Inc., Respondents/Appellants, v. Hird Island Investments, Inc., Sherwood N. Fender, Addison D. Fender, Martha B. Fender, William B. Bowen, Lady Kemmerlin, LLC, Brickyard Holdings, Inc. and A&K Holding Co., LLC, Defendants, AND William M. Bowen, Third-Party Plaintiff, v. James S. Kerr and Matt Trumps, Third-Party Defendants, Of Which Hird Island Investments, Inc. and Sherwood N. Fender are the Appellants/Respondents.

H. Fred Kuhn, Jr., of Moss Kuhn & Fleming, PA, of Beaufort, for Appellant-Respondents. Andrew K. Epting, Jr., and Jaan Gunnar Rannik, both of Epting & Rannik, LLC, of Charleston, for Respondent-Appellants.

 
Cases to be Submitted Without Oral Argument
2019-001448    Weldon E. Wall, Sr., Appellant, v. Harold H. Wall, Sr., Respondent.

2020-000949    The State v. Respondent, v. Samuel Lee Jackson , Appellant.

2019-000831    Christopher Manning, Petitioner, v. State of South Carolina, Respondent.

2019-001955    Estate of Patricia Royston, by and through the appointed Personal Representative, Marianne McCoig, Individually, and on behalf of the statutory beneficiaries, Respondent, v. Hunt Valley Holdings, LLC a/k/a Fundamental Long Term Care Holdings, LLC; Fundamental Clinical and Operational Services, LLC; Fundamental Administrative Services, LLC; and THI of South Carolina at Magnolia Place at Greenville, LLC d/b/a Magnolia Place-Greenville, Appellants.

2020-001538    In the Matter of the Care and Treatment of James Ronnie Nichols, Jr., Appellant.

2018-000002    Andre Green, Petitioner, v. State of South Carolina, Respondent.

2019-001193    Terrell McCoy, Petitioner, v. State of South Carolina, Respondent.

2019-000873    M B Hutson, Appellant. v. A. Paul Weissenstein, Respondent.

2019-000177    Elijah C. Brown, Petitioner, v. State of South Carolina, Respondent.

2019-001551    The State, Respondent, v. Darryl Quan Travis Damond Wilson, Appellant.

2021-000362    Kevin Harbin, Petitioner, v. State of South Carolina, Respondent.

2020-000508    The State, Respondent, v. K'Sone Marquail Campbell, Appellant.

2019-001775    The State, Respondent, v. Deipo Derrick Lewin, Appellant.

2019-001594    Janice McCutcheon, Employee, Respondent, v. Greenwood Mills, Inc., and Greenwood Mills/Self-Insurer, Employer/Carrier Appellant.

2019-001243    KATKAMS VENTURES, LLC and SUPREMA, LLC, as successors in interest to 521, LLC, Respondents, v. NO LIMIT, LLC d/b/a No Limit Financial, LLC, and Erich Simpson, Appellants.

2019-001869    The State, Respondent, v. Anthony C. Davis, Appellant.

2019-002102    Bernard Bagley, #175851, Appellant, v. South Carolina Department of Probation, Parole, and Pardon Services, Respondent.

2019-001791    John H. Bridges, Petitioner, v. State of South Carolina, Respondent.

2019-001886    Patricia E. Campbell, Respondent, v. Joanne Ahearn and Robert J. Plum, Appellants.

2019-001017    Delinzy Grant, Claimant, Respondent, v. Steel Technologies, Employer, and Zurich American Insurance Co., Carrier, Appellants.

2019-001991    Justin Jermaine Johnson, Petitioner, v. State of South Carolina, Respondent.

2019-002115    Gregory Pencille, #312332, Appellant, v. South Carolina Department of Corrections, Respondent.

2020-000803    Viresh Sinha, Appellant, v. Neelu Choudhry, Respondent.

2019-001677    Michael Orlando Brown, Petitioner, v. State of South Carolina, Respondent.

2020-001019    Mary L. Agnes Shelton, Respondent, v. Jack Shelton and Sharon Shelton, Appellants.

2019-002082    John Byerly, individually and as personal representative of the Estate of Susan B. Byerly, Appellant, v. Thomas Wesley, Respondent.

2019-001856    The State, Respondent, v. Rickey Dean Tate, Appellant.

2019-001744    Resort Restaurants of Myrtle Beach, Inc. d/b/a Rossi's, Appellant, v. Galleria Shopping Center, LLC, Respondent.

2021-000813    The State, Respondent, v. Marvin Keith McBride, Appellant.

2021-000420    Donna Bell Sellers, a/k/a Donna Bell Peclet, Appellant, v. Grover Seaton, III, Respondent.

2019-001893    CCP Storage, LLC, Appellant, v. Dorchester County, Dorchester County Assessor's Office, and Wayne Welch, in his capacity as chief assessor within said office, Respondents.

2019-000709    Jeffrey Thomas Brown, Petitioner, v. State of South Carolina, Respondent.

2019-001283    Debra L. Holliday, Respondent, v. Bobby R. Holliday, Appellant.

2019-001274    The State, Respondent, v. James David Busby, Appellant.