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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 8, 2006
Courtroom I
(Court convenes at 3:30 p.m.)
 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
13751   Tom Smith, Claimant/Respondent v. NCCI, Inc. as Employer, and Liberty Insurance Corporation, as Carrier, Defendants/Appellants.

Vernon F. Dunbar, of Columbia, for Appellants. Preston F. McDaniel, of Columbia, for Respondent.

In this workers' compensation case, Appellants posit a plethora of issues: (1) Did the Appellate Panel erroneously find as a fact and conclude as a matter of law that Respondent was subjected to unusual and extraordinary conditions of employment in the absence of detailed findings in the order addressing the proximate cause issue and the unusual and extraordinary employment factors; (2)Did the Appellate Panel err in finding as a fact and concluding as a matter of law that Respondent suffered a compensable back injury; (3) Did the Appellate Panel err in finding as a fact and concluding as a matter of law that Respondent suffered a mental or psychological injury as an alleged consequence of continuing and unrelenting occupational stress; (4) Did the Appellate Panel err in finding that the nature of the test audit program was inextricably intertwined with unusual and extraordinary stress; (5) Did the Appellate Panel err in awarding Respondent temporary total disability benefits and medical treatment from March 19, 1999, when the date of the alleged injury is May 27, 1999; (6) Did the Appellate Panel and the Circuit Court err as a matter of law in failing to address the proximate cause of the Respondent's purported mental injury or disability, when substantial evidence reveals that any purported mental injury results from non-occupational stressors; (7) Did the Appellate Panel and the Circuit Court err in finding and concluding the case is compensable in view of a lack of subject matter jurisdiction over this claim; and (8)Did the Appellate Panel and the Circuit Court err in finding that Respondent timely filed a Workers' Compensation claim and gave timely notice of such to Appellants.

 4:15 p.m. (Time Limits: 10 - 10 - 5 )  
14250   Ronald Edward Martin, Employee, Respondent, v. Rapid Plumbing, Employer, and Builders Mutual Ins. Co., Carrier, Appellants.

Richard C. Detwiler and Mikell H. Wyman, of Columbia, for Appellants. Stephen B. Samuels, of Lexington, for Respondent.

In this Workers' Compensation case, Appellants posit a plethora of issues: (1) The Circuit Court, in affirming the Appellate Panel, erred as a matter of law in failing to admit additional and newly discovered evidence; (2) There is no evidence from which reasonable minds could conclude that the Claimant was not at maximum medical improvement and released to return to full duty work at the time of the hearing; (3) The Employer properly terminated temporary total disability benefits; (4) The Circuit Court erred in determining the time period for which penalties should be assessed should be extended beyond the date of the original hearing of the Single Commissioner; and (5) the Circuit Court erred in affirming the Appellate Panel's order that Donald Johnson, M.D. of Charleston be the authorized treating physician.

Tuesday, May 9, 2006
Courtroom I
(Court convenes at 9:30 a.m.)
 9:30 a.m. (Time Limits: 10 - 10 - 5 )  
14343   Jane & John Doe, Respondents v. Jeff McAbee; Renn Ferrari; John Roe (Whose true identity is unknown); and Baby Boy Joshua, A Minor Under the Age Seven (7) Years, Defendants, Of Whom Jeff McAbee is the Appellant.

William G. Rhoden, of Gaffney, for Appellant. James Fletcher Thompson, of Spartanburg, for Respondents. Susan A. Fretwell,of Spartanburg, for Guardian Ad Litem.

Two issues are presented in this termination of parental rights case: (1) Did the trial court err in finding that the consent of the biological father of the child subject to the adoption proceedings was not required by Section 20-7-1690 of the South Carolina Code of Laws? (2) Did the trial court err in terminating the appellant's parental rights?

 1:30 p.m. (Time Limits: 10 - 10 - 5 )  
14171   John Doe, Respondent v. Jane Doe, Appellant.

William S. Tetterton, of Camden, and Emma I. Bryson, of Columbia, for Appellant. George W. Speedy, of Camden, for Respondent.

In this divorce action, Wife argues the family court erred in (1) making a determination of paternity and delegitimizing a child born during the parties' marriage; (2) awarding Husband seventy percent of the marital estate; (3) requiring Wife to pay for Husband's expert and attorney's fees; (4) identifying and valuing assets of the marital estate; and (5) reimbursing Husband for payments he made on behalf of Wife and daughter during the pendency of the action.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
14224   Robert William Metts, Respondent/Appellant v. Judy Mims, Berkeley Independent Publishing Company, Inc. d/b/a The Berkeley Independent and Summerville Communications, Inc. d/b/a The Goose Creek Gazette, Defendants, Of Whom Berkeley Independent Publishing Company, Inc. d/b/a The Berkeley Independent and Summerville Communications, Inc. d/b/a The Goose Creek Gazette are the Appellants/Respondents.

John J. Kerr, of Charleston, for Appellants-Respondents. Steve Frederick DeAntonio, of Charleston, and Edward Paul Gibson, of North Charleston, for Respondent-Appellant.

In this cross appeal, Robert Metts argues the circuit court erred: (1) in failing to impose sanctions on the newspaper defendants after they were found in civil contempt, (2) in allowing the defendants to argue motions for summary judgment, and (3) in granting summary judgment in favor of the defendants. Mims and the newspaper defendants contend the circuit court erred by ordering the newspapers to provide their financial information to Metts.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
14253   Eartha M. Geiger, Appellant v. M. Stewart Funderburk and Orangeburg Surgical Associates, P.A., Defendants, Of whom Orangeburg Surgical Associates, P.A. is the Respondent,

Charles L. Henshaw, Jr. and Charles J. Bridgmon, of Columbia, for Appellant. Marian W. Scalise, of Myrtle Beach, and Andrew F. Lindemann, of Columbia, for Respondent.

In this civil appeal, Eartha Geiger appeals the circuit court's order dismissing her medical action against Orangeburg Surgical Associates, P.A., for defective service of process.

 3:30 p.m. (Time Limits: 10 - 10 - 5 )  
14269   Anna Belle Williamson, Appellant v. Bermuda Run Investor Development Group, Inc.; Bermuda Run Horizontal Property Regime, now or formerly; Richard S. Clayton, Treasurer of the Board of Directors of Bermuda Run Horizontal Property Regime, now or formerly; Darrel C. Myers, President of the Board of Directos for Bermuda Run Investor Development Group, Inc., now or formerly; Alfred H. Agne, Secretary/Treasurer of the Board of Directors for Bermuda Run Investor Development Group, Inc., now or formerly; O.D. Murray, Jr., Richard S. Clayton, Darrell C. Myers, and Alfred H. Agnew, individually, of whom Bermuda Run Investor Development Group, Inc. and Bermuda Run Horizontal Property Regime are Respondents.

Irby E. Walker, Jr., of Conway,and George Thomas Samaha, III, of Little River, for Appellant. Michael S. Hopewell, of Florence, for Respondent Bermuda Run Horizontal Property Regime. Reynolds Williams, of Florence, for Respondent Bermuda Run Investor Development Group, Inc.

Anna Belle Williamson appeals from a master-in-equity's order that found she did not establish her claim of an ultra vires act by the defendants in this dispute about a corporate real estate transaction; she additionally challenges the master's awards to Bermuda Run Investor Development Group Inc. in the amount of $87,685.24 and to Bermuda Run Horizontal Property Regime in the amount of $445,000.00 on their claims against Williamson.

Thursday, May 11, 2006
Courtroom I
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14237   The State, Respondent v. Allen Marty Cornwell, Appellant.

Assistant Appellate Defender Robert M. Dudek, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, Senior Assistant Attorney General Norman Mark Rapoport, of Columbia, and Solicitor John Gregory Hembree, of Conway, for Respondent.

Cornwell appeals his conviction for voluntary manslaughter for the killing of his step-grandson. Cornwell argues the trial judge erred in admitting evidence of a prior bad act, in denying his motion requesting a directed verdict of acquittal, and in instructing the jury on the law of voluntary manslaughter.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14242   Patrick M. Siau and Nancy S. Siau, as Co-Trustees of the Siau Qualified Personal Residence Trust Dated January 25, 2002, Raymond A. Pendleton and Jean C. Pendleton, Respondents, v. Kal Kassel, Millard Dozier and Robert M. Rogerson, Defendants and Third Party Plaintiffs, of whom Kal Kassel is Appellant, v. Hagley Estates Property Owners Association, The County of Georgetown and the State of South Carolina,Respondents.

Robert J. Moran, of Murrells Inlet, for Appellant. Linda Weeks Gangi, of Conway, Ed Kelaher and L. Sidney Connor, IV, of Surfside Beach, for Respondents Siau et al. Charles T. Smith, of Georgetown, for Respondents. Joe Michael Crosby, of Georgetown, for Respondents. J. Emory Smith, Jr., Assistant Deputy Attorney General, of Columbia, for Respondent the State of South Carolina. Jack M. Scoville, Jr., of Georgetown, for Respondent The County of Georgetown.

Kassel appeals from the decision of the Master in Equity finding that Kassel did not hold good title to cypress flats purportedly conveyed to him by quitclaim deed; therefore, the house he built on the adjoining property he acquired by general warranty deed violated the restrictive covenants regarding setback requirements of Hagley Estates Subdivision. The Master enjoined Kassel from building a permanent structure within 30 feet of the rear property line of the property he acquired by general warranty deed and ordered him to remove all structures located within 30 feet of the rear property line.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
14213   Cynthia K. Grant, Appellant v. Mount Vernon Mills, Inc., Respondent.

Candy Kern-Fuller, of Piedmont, for Appellant. Thomas A. Bright, of Greenville, for Respondent.

This is an appeal from the granting of Mount Vernon Mill's motion for summary judgment as to Grant's claims for breach of contract, breach of contract accompanied by fraudulent act, and breach of the covenant of good faith and fair dealing in connection with the termination of Grant's employment.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
14340   South Carolina Department of Social Services, Respondent v. Crystal Lynn Long, Randy Lee Cox and John Doe, Defendants, of whom Randy Lee Cox is the Appellant. In the interest of: Jordan Lee Cox, DOB: 10/7/1999 A Minor Under the Age of 18.

Amos A. Workman, of Greenville, for Appellant. Danielle J. Metoyer, of Greenville, for Respondent. Ann Shipman Miner, of Pickens, for Guardian Ad Litem.

Randy Cox appeals the termination of his parental rights, arguing the family court judge erred: (1) in finding clear and convincing evidence supported termination, (2) in not properly weighing the effect of Cox's incarceration on his ability to comply with the treatment plan, and (3) in finding termination was in the best interest of the child.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
13974   Frances Walsh, as personal representative of the estate of Jerome Walsh, Deceased, and in her individual capacity, Appellant, v. Joyce K. Woods, f/k/a Joyce K. Walsh, Respondent.

Russell H. Putnam, Jr., of Hinesville, GA, for Appellant. John S. Nichols and Kelli Lister Sullivan, of Columbia, for Respondent.

Frances Walsh, individually and in her capacity as personal representative of the estate of her deceased husband, Jerome J. Walsh, brought this action against Walsh's former wife, Joyce K. Woods, seeking relief pertainting to the disposition of surviving spouse benefits made available through Walsh's retirement plan. Frances appeals from the trial court's order granting Joyce's motion for summary judgment.

Wednesday, May 17, 2006
Courtroom I
(Court convenes at 9:00 a.m.)
 9:00 a.m. (Time Limits: 10 - 10 - 5 )  
14342   Department of Social Services, Respondent v. Jekeithlyn Ross, Jimmy Ross, and the Minor Children under the age of eighteen (18): Jemmiekalyn Ross, born 01.18.1993, Jadajalyn Ross, born 02.12.1996, Johnalyn Ross, born 10.02.1997, and Jekelvinlyn Ross, born 11.29.1999, Defendants, Of Whom Jimmy Ross is the Appellant.

Andrea Hawkins, of Spartanburg, for Appellant. Kenneth Philip Shabel, of Spartanburg, for Respondent. David Harold Hanna, Sr., of Spartanburg, for Guardian Ad Litem.

This is an appeal from a termination of parental rights. The appellant, Jimmy Ross, contends the family court erred in terminating his parental rights. Specifically, he contends he remedied the conditions leading to the removal of his children and there was no evidence that he posed any threat of harm to them.

Tuesday, May 9, 2006
Courtroom II
(Court convenes at 10:15 a.m.)
 10:15 a.m. (Time Limits: 10 - 10 - 5 )  
14194   Thomas Construction Services, Inc.,Plaintiff, v. Rocketship Properties, II, LLC and Liberty Mutual Insurance Company, Defendants.________________________________Rocketship Properties, II, LLC, Appellant v. Lincoln Harris, LLC and Thomas Causey, Respondents.

Charles E. Carpenter, Jr., Franklin J. Smith, Jr., and Carmen V. Ganjehsani, of Columbia, for Appellant. W.H. Bundy, Jr., of Mt. Pleasant, for Appellant. Lawrence Caldwell Melton, of Columbia, and Henry W. Brown, of Columbia, for Respondents.

In this appeal from a bench trial, Rocketship Properties,II, LLC argues the trial court erred in finding in favor of Lincoln Harris, LLC and Thomas Causey on Rocketship's causes of action for breach of contract, breach of fiduciary duty, and negligent representation.

 11:00 a.m. (Time Limits: 10 - 10 - 5 )  
14178   The State, Respondent v. Jerry Davis, Appellant.

Assistant Appellate Defender Robert M. Dudek, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Senior Assistant Attorney General Norman M. Rapoport, of Columbia, for Respondent.

Davis appeals the circuit court's order finding the State had met its burden of proving Davis's remote convictions were more probative than prejudicial, and thus no error occurred in admitting them at trial.

 11:45 a.m. (Time Limits: 10 - 10 - 5 )  
14201   Christine L. Myatt, as Receiver of Elfindepan, S.A. and Strategic Asset Funds, S.A., Appellant v. RHBT Financial Corporation and Robert M. Yoffie, Defendants, of whom RHBT Financial Corporation is the Respondent.

Russell T. Burke and Amy D. Harmon Geddes, of Columbia, for Appellant. J. Scott Hale, of Greensboro, NC, for Appellant. Robert Y. Knowlton and Sarah Patrick Spruill, of Columbia, for Respondent.

Myatt, the court-appointed receiver for two foreign corporations, appeals the circuit court's grant of summary judgment to the Bank on causes of action for breach of contract, breach of fiduciary duty, negligence, negligent supervision, unfair trade practices, and aiding and abetting breach of fiduciary duty.

 2:00 p.m. (Time Limits: 10 - 10 - 5 )  
14179   The State, Respondent v. Gary Russell Hunsucker, Appellant.

Karen Newell Fryar and M. Celia Robinson, of Columbia, for Appellant. Attorney General Henry Dargan McMaster, Chief Deputy Attorney General John W. McIntosh, Assistant Deputy Attorney General Salley W. Elliott, and Assistant Attorney General David A. Spencer, of Columbia, and Solicitor Edgar Lewis Clements, III, of Florence, for Respondent.

In this criminal appeal, the court examines the admissibility of co-conspirators' plea bargains and the extent to which the trial judge may directly question a witness.

 2:45 p.m. (Time Limits: 10 - 10 - 5 )  
14241   Companion Property and Casualty Insurance Company, Respondent v. Airborne Express, Inc., Moore Express, Inc. and Charles Carpenter, as personal representative of the estate of Jessica Lynne Carpenter, Defendants, Of whom Airborn Express, Inc. and Charles Carpenter, as personal representative of the estate of Jessica Lynne Carpenter are the Appellants.

Robin A. Braithwaite, of Aiken, and Jonathan M. Adelman, of Atlanta, GA, for Appellant Airborn Express. Ronald A. Maxwell, of Aiken, and James L. Ford, Sr., of Atlanta, GA, for Appellant Charles Carpenter, as personal representative of the estate of Jessica Lynne Carpenter. Karl Stephen Brehmer, of Columbia, and Marvin D. Dikeman, and Melissa C. Patton, of Atlanta, GA, for Respondent.

The court must determine whether under Georgia law an insurer, having issued a commercial liability policy, must defend various negligence claims arising out of an intentional act by an employee.

Cases to be Submitted Without Oral Argument
13677    The State, Respondent v. John New, Appellant.

13934    The State, Respondent v. Damon Rice, Appellant.

13939    The State, Respondent v. Robert Lee Isom, Jr., Appellant.

13944    SunTrust Mortgage f/k/a Crestar Mortgage Corporation, Respondent v. Scott Gobbi a/k/a Arthur Scott Gobbi, Jara Uzenda Gobbi a/k/a Jara Carlow Uzenda, Lyon's Cove Horizontal Property Regime, Paul Himmelsbach, Defendants, of whom Scott Gobbi a/k/a Arthur Scott Gobbi, Lyon's Cove Horizontal Property Regime, and Paul Himmelsbach are Respondents and Jara Uzenda Gobbi is the Appellant.

13954    The State, Respondent v. Latesha Fleming, Appellant.

14167    Emory Alvin Michau, Jr., Appellant v. Office of the Ninth Circuit Solicitor, Respondent.

14195    Richard Temple, Respondent/Appellant v. Tec-Fab, Inc., and Andrew Lytle, Appellants/Respondents.

14196    Richard N. Barnum, III, and Regan Barnum, Appellants v. Sto Corp., Hurd Millwork Company, Inc., and Coastal Concepts, Inc., Respondents, and Sto Corp.,Respondent, v. Pelican Ventures Builders, Inc., and Paul Hopton dba Coastal Concepts, Respondents.

14198    Jimmy C. Montgomery; Gloria M. Jenkins; and Judith Allen, Respondents v. David Robinson, Jr.; Eleanor Coard; Josie M. Griffin; Mary G. Montgomery; Hazel M. Graham; Mary Lee Dingle; Willie W. Montgomery; Theresa M. Robertson; Anthony M. Montgomery; Delores M. Williams; Daryl Montgomery; Cassandra M. Montgomery; Almeta Montgomery; Jacqueline Williams; JoAnn Tilley; Ruth Ann Montgomery; Alvertis Montgomery, Jr.; Willie M. Montgomery; Minnie S. Montgomery; Marilyn Lee Montgomery; David Montgomery; and John Doe and Mary Roe, and all other persons unknown claiming any right, title, estate lien or interest in the real property described in the complaint or any claim adverse to Plaintiffs' ownership or any cloud on title thereto, Defendants, of whom Mary G. Montgomery; Hazel M. Graham; Mary Lee Dingle; Willie W. Montgomery; Theresa M. Robertson; Anthony M. Montgomery; Delores M. Williams; Daryl Montgomery are, Appellants.

14205    George Larry Thomas, Appellant v. Kimberly C. Thomas, David Alan Aldridge, and Baby Boy David, Respondents.

14210    The State, Respondent v. John Tamorris McClure, Appellant.

14211    Horace Reynolds, Jr., Appellant v. Diane Reynolds, Respondent.

14218    Elaine Norton, Employee, Respondent v. Wellman, Inc. -Palmetto Plant, Self Insured Employer, Appellants.

14221    The State, Respondent v. Samuel Junior Hastings, Appellant.

14222    The State, Respondent v. Martha Banda, Appellant.

14223    Marcus Fryer, Respondent v. South Carolina Law Enforcement Division, Appellant.

14225    Emory Alvin Michau, Jr., Appellant v. J. Al Cannon, Sheriff of Charleston County, Henry McMaster, Attorney General of South Carolina, Respondents.

14226    Harold F. Johnson, Appellant v. Shirley Johnson, Respondent.

14231    Furman Edward Fulmer, Jewel F. Oxner, Carolyn F. Garner, Sandra F. Metts, and Faye F. Cannon, Respondents, v. Janette F. Cain, Appellant.____________Jewel Oxner, As the Personal Representative of the Estate of Mary F. Fulmer, deceased, Respondent, v. Janette F. Cain, Appellant.

14240    Walter Dan Stewart, Appellant v. Kevin N. Flynn, individually and d/b/a Flynn Construction, Respondent.

14245    South Carolina Department of Social Services, Respondent v. Gerald Lancaster, Appellant.

14251    Terry Maness, Appellant v. George Ginotoli, Director South Carolina Department of Mental Health, and State of South Carolina, Respondents.

14252    The State, Respondent v. Darrel Jackson, Appellant.

14267    Jara Uzenda Gobbi, Appellant, v. People's Federal Bank, Richard M. Lovelace, Jr., and Lynette R. Hedgepath, Respondents.

14268    Jara Uzenda Gobbi, Appellant v. Marjorie Simerman and Patrick Wayne Mumford, Respondents.

14277    Emory Alvin Michau, Jr., Appellant v. South Carolina Department of Corrections, Respondent.

14341    South Carolina Department of Social Services, Respondent v. Marggie Hutson, Eliseo Perez, and Landin Naun Perez DOB: 08/29/02, Minor(s) under the age of 18 years, Defendants, of whom Marggie Hutson and Eliseo Perez are Appellants.

14344    South Carolina Department of Social Services,Respondent v. Sharon Smith, Adam Turkvant, Kenneth Grant, and John Doe and Desmond Smith, DOB 6-3-93 John Smith, DOB 9-21-89, Defendants, of whom Sharon Smith is the Appellant.

14345    South Carolina Department of Social Services, Respondent v. Nathaniel Glenn, Jr. and Child: Onye Janathan Williams DOB: 07/19/02, Defendants, of whom Nathaniel Glenn is the Appellant.