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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, November 7, 2022 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-001231 Jefferson Davis, Jr., Appellant,
v.
South Carolina Educational Credit for Exceptional Needs Children Fund, Respondent. Jefferson Davis Jr., pro se. Geoffrey Kelly Chambers, of Green Cove Springs, FL, for Respondent. In this action pursuant to the Freedom of Information Act, Appellant Jefferson Davis, Jr. (Davis) argues that the circuit court erred in granting summary judgment to Respondent South Carolina Educational Credit for Exceptional Needs Children Fund (the Fund) because the circuit court erred in (1) finding that the Fund is not covered by state law defining a "public body"; (2) finding that the Fund was not supported by public funds; (3) finding certain required reports were sufficient to provide the Fund an exemption from FOIA; (4) taking into account later legislation when considering the intent behind budget provisos governing the Fund; and (5) misconstruing the subsequent legislation. |
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Wednesday, November 9, 2022 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-000501 Kevin Cox, on behalf of himself and all others similarly situated, Appellant,
v.
South Carolina Education Lottery Commission d/b/a South Carolina Education Lottery, and Intralot, Inc., Respondents. Joseph Clay Hopkins, of Charleston, for Appellant. William Stevens Brown, V and Miles Edward Coleman, both of Nelson Mullins Riley & Scarborough, LLP, of Greenville, for Respondent South Carolina Education Lottery Commission. Bakari T. Sellers, Joseph Preston Strom, and Mario Anthony Pacella, all of Strom Law Firm, LLC, of Columbia, for Respondent Intralot, Inc. Kevin Cox, on behalf of himself and all others similarly situated, appeals the circuit court's orders granting the South Carolina Education Lottery Commission's and Intralot, Inc.'s motions to dismiss for failure to exhaust administrative remedies. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2019-000502 Jamaine Holman, Victoria Lewis, Melanie Baker, Christopher Shipman, Robert Weaver, Vonetta Wilson, Francesca Worley, Brittany Johnson, Shirley Pearson, Robert Weaver, Gostonia Pearson, Rodney Leachman, Cassandra Pugh, and Krystal Bostinto, on behalf of themselves and all others similarly situated, Appellants,
v.
South Carolina Education Lottery Commission d/b/a South Carolina Education Lottery, and Intralot, Inc., Respondents. Joseph Clay Hopkins, of Charleston, for Appellants. William Stevens Brown, V and Miles Edward Coleman, both of Nelson Mullins Riley & Scarborough, LLP, of Greenville, for Respondent South Carolina Education Lottery Commission. Bakari T. Sellers, Joseph Preston Strom, and Mario Anthony Pacella, all of Strom Law Firm, LLC, of Columbia, for Respondent Intralot, Inc. Appellants, on behalf of themselves and all others similarly situated, appeal the circuit court's orders granting the South Carolina Education Lottery Commission's and Intralot, Inc.'s motions to alter or amend and motions to dismiss for failure to exhaust administrative remedies. |
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Tuesday, November 15, 2022 | |
Courtroom I
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10:00 a.m. | (Time Limits: 10-10-5) |
2019-002002 The Estate of Patricia B. Holliday, Appellant,
v.
Ross S. Holliday, Respondent. Jesse Sanchez, of The Law Office of Jesse Sanchez, of Charleston, for Appellant. Forrest Truett Nettles, II, of Rosen Hagood, LLC, of Charleston; and Alice F. Paylor and Bijan Khaladj-Ghom, both of Saxton & Stump, LLC, of Charleston, all for Respondent. The Estate of Patricia B. Holliday (the Estate) appeals a circuit court order granting summary judgment in favor of Respondent on its claim for payment of a promissory note Respondent executed and made payable to his father and his father's then-wife, Patricia B. Holliday (Decedent). The Estate argues the circuit court erred in finding: (1) Decedent released her rights to the promissory note in the marital settlement agreement with Respondent's father; (2) the marital settlement released Respondent's obligation to pay the note; (3) the Estate's claim for breach of contract was barred by the statute of limitations and doctrine of laches; and (4) the purported discovery of the original note was not newly discovered evidence under Rule 60(b)(2), SCRCP. |
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-001822 Rory M. Isaac and Kimberly J. Isaac, Appellants,
v.
Thomas C. Onions, Jacqueline Onions, Laura Kopchynski, and Lane's Professional Pest Elimination, Inc.,
Of Whom Laura Kopchynski is the Respondent. George W. Redman, III, of Bellamy, Rutenberg, Copeland, Epps, Gravely & Bowers, P.A., of Myrtle Beach, for Appellants. Steven Raymond Kropski, of Charleston, for Respondent. In this real estate dispute, Appellants Rory Isaac and Kimberly Isaac (the Isaacs) contend that the circuit court erred in granting summary judgment to Respondent Laura Kopchynski (Kopchynski) because (1) the court did not view the evidence in favor of the Isaacs; (2) the Isaacs contend Kopchynski did not fulfill her duty as a real estate agent to not provide representations about the property that she knew or suspected were inaccurate; (3) a fact-finder should have determined whether the Isaacs had a "right to rely" on Kopchynski's representations about the property; (4) Kopchynski's memorandum in support of her motion was filed late; and (5) discovery in the case was incomplete. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2019-002001 BEI-BEACH, LLC, Plaintiff,
v.
Mashburn Christman, JV, Lend Lease (US) Construction, Inc., f/k/a Bovis Lend Lease, Inc., and McCrory Construction Company, LLC, Defendants,
v.
Mashburn Christman, JV, Third-Party Plaintiff,
v.
Wallcraft Construction, Inc.; Alpha Insulation & Waterproofing, Inc.; Baker Roofing, Inc.; Collins & Wright, Inc.; Liberty Mutual Insurance Company; Old Republic Surety Company; Hartford Fire Insurance Co.; Travelers Casualty and Surety Company of America; The Muhler Company, Inc., and Companion Property and Casualty Insurance Company, Third-Party Defendants,
Lend Lease (US) Construction, Inc. f/k/a Bovis Lend Lease, Inc., Third-Party Plaintiff,
v.
Spann Roofing & Sheet Metal, Inc.; Travelers Casualty and Surety Company of America; Strickland Waterproofing Company; Merchants Bonding Company; Everest Reinsurance Company; Wallcraft Constuction, Inc., Old Republic Insurance Company; Madison Construction Group, Inc., Worthington Integrated Building Systems; McDowell Commercial Construction, LLC; Jollay Masonry; National Fire Insurance Company of Hartford; R.J. Kenney Associates, Inc.; Antunovich Associates; TG Construction, LLC; Luis Benegas d/b/a Luis Trim Work; Nora Del Carmen Laos, Nora Del Carmon Lagos d/b/a Luis Trim Work; and Ovation Custom Trim, LLC, Third-Party Defendants,
McCrory Construction Company, LLC, Third-Party Plaintiff,
v.
Collins & Wright; Baker Roofing; Glasstech Inc.; Palmetto State Roofing and Sheet Metal; Strickland Waterproofing; Maiday, Inc.; and Atlas Drywall & Acoustics, Inc., Third Party Defendants,
Spann Roofing & Sheet Metal, Inc., Fourth-Party Plaintiff,
v.
Coastal Commercial Roofing Co., Inc., and Daniel Kniffen d/b/a East Coast Improvements, Fourth-Party Defendants.
Wallcraft Construction, Inc., Fourth-Party Plaintiff,
v.
Vienamin Petresku d/b/a BT Construction, LLC, Fourth-Party Defendant,
of which Lend Lease (US) Construction Inc., f/k/a Bovis Lend Lease, Inc. is the Appellant,
and
Antunovich Associates is the Respondent. Francis Heyward Grimball, of Richardson Plowden & Robinson, PA, of Mt. Pleasant; and James Atkinson Bruorton, IV and Elizabeth Foy Nicholson, both of Rosen Hagood LLC, of Charleston, all for Appellant. Michael B.T. Wilkes, of Wilkes Atkinson & Joyner, LLC, of Spartanburg; and James Alexander Joyner, of Wilkes Atkinson & Joyner, LLC, of Charleston, both for Respondent. In this construction defect case, Appellant Lend Lease (US) Construction, Inc. (Lend Lease) argues the circuit court erred in granting partial summary judgment in favor of Respondent Antunovich Associates (Antunovich). Specifically, Lend Lease argues the circuit court erred in failing to recognize its independent cause of action for negligence, gross negligence, and recklessness against Antunovich; failing to recognize its special relationship with Antunovich, which supports a cause of action for breach of warranty of plans and specifications; and in finding Lend Lease's claims against Antunovich are solely limited to a claim of equitable indemnity based on Stoneledge at Lake Keowee Owners' Association, Inc. v. Clear View Construction, LLC, 413 S.C. 615, 776 S.E.2d 426 (Ct. App. 2015). |
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Wednesday, November 16, 2022 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-001831 Jack's Custom Cycles, Inc., d/b/a Jack's Motor Sports, Respondent,
v.
South Carolina Department of Revenue, Appellant. Marcus Dawson Antley, III, Nicole Martin Wooten, and Jason Phillip Luther, all of Columbia, for Appellant. John Aaron Ecton, of Ecton Law Firm, PA, and Margaret Weatherly Dukes, both of Irmo, for Respondent. The South Carolina Department of Revenue (SCDOR) appeals a decision by the Administrative Law Court (ALC) that held retail sales of all-terrain vehicles (ATVs) and side-by-side vehicles or utility task vehicles (UTVs) are entitled to the South Carolina partial sales tax exemption found in section 12-36-2110(A) of the South Carolina Code (Supp. 2021). SCDOR argues the ALC erred in (1) broadly construing the partial tax exemption statute by concluding that an ATV or UTV is a motor vehicle for the purposes of section 12-36-2110(A); (2) failing to give deference to SCDOR's long-standing interpretation of the statute that it is authorized to administer; and (3) considering Chandler's Law to ascertain the intent of the South Carolina Legislature regarding the partial tax exemption statute. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2018-001204 Charles Green, Jr., Petitioner,
v.
State of South Carolina, Respondent. Appellate Defender Taylor Davis Gilliam, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent. In this action for post-conviction relief (PCR), Charles Green, Jr. (Petitioner) argues the PCR court erred in: 1) relying on Rule 11, SCRCP, to limit Petitioner's claims, and 2) concluding appellate counsel was not ineffective for failing to raise the issue of Petitioner's right to a speedy trial. |
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12:00 p.m. | (Time Limits: 15-15-5) |
2020-000934 Wendy Grungo-Smith, Respondent,
v.
Joseph Grungo, Appellant. John Brandt Rucker and Allyson Sue Rucker, both of The Rucker Law Firm, LLC, of Greenville, for Appellant. James R. Honeycutt, of Fort Mill, and James B. Richardson, Jr., of Columbia, both for Respondent. Wendy Grungo-Smith appeals an order from the family court awarding primary custody of her and Joseph Grungo's children to Joseph and granting an award of child support. On appeal, she argues the family court erred in determining Joseph established a material change in circumstances warranting the change in custody and child support. |
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12:40 p.m. | (Time Limits: 10-10-5) |
2019-001748 Shirley Whitfield, Individually and as personal representative of the Estate of William Whitfield, Appellant,
v.
South Carolina Department of Revenue, Respondent. Douglas M. Muller, Paul M. Lynch, and Trudy Hartzog Robertson, all of Moore & Van Allen, PLLC, of Charleston, for Appellant. Elisabeth W. Shields and Adam J. Neil, both of Columbia, for Respondent. In this appeal from the administrative law court (the ALC), Shirley Whitfield, individually and as the personal representative for the estate of William Whitfield (Husband), argues the ALC erred in dismissing her request for a contested case hearing due to her failure to exhaust her administrative remedies. |
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Thursday, November 17, 2022 | |
Courtroom I
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10:40 a.m. | (Time Limits: 10-10-5) |
2019-000591 The State, Respondent,
v.
Robert David Nolen, Appellant. Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Senior Assistant Deputy Attorney General Melody Jane Brown, and Tommy Evans, Jr., all of Columbia, for Respondent. Robert David Nolan appeals his convictions for murder and several other crimes. He argues the trial court erroneously prevented him from cross-examining a witness with evidence of bias from the witness's potential exposure to federal charges. |
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11:20 a.m. | (Time Limits: 10-10-5) |
2019-001943 Therese Hood, Appellant,
v.
United Services Automobile Association, Respondent. Eric Marc Poulin and Roy T. Willey, IV, both of Anastopoulo Law Firm, LLC, of Charleston; and Alexis Wimberly McCumber, of Athens, GA, all for Appellant. Robert William Whelan, of Whelan Mellen & Norris, LLC, of Charleston, for Respondent. Therese Hood appeals a circuit court order granting her automobile insurance carrier a judgment notwithstanding the verdict on her claim for bad faith. She also appeals the summary judgment the insurance company won on other claims and rulings limiting her evidence of damages. |
Cases to be Submitted Without Oral Argument | |
2020-001385 |
Anjay Patel, Appellant,
v.
Bhavesh Patel and John Doe, Respondents.
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2020-001445 |
Randy and Cheryl Gilchrist, Appellants,
v.
Duke Energy Carolinas, LLC, Respondent.
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2019-002069 |
The State, Respondent,
v.
Otis Edward Gibson, Appellant.
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2020-000072 |
Quoteas Nesbitt, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000198 |
The State, Respondent,
v.
John Henry Davenport, Jr., Appellant.
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2020-001379 |
Tevin S. Hart, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000269 |
Bobby E. Leopard, Luther Harris, and Donna Harris, Appellants,
v.
Perry W. Barbour, Respondent.
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2020-000081 |
The State, Appellant,
v.
John Alexander Webb, Respondent.
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2021-000404 |
Jason Barnhill, Petitioner,
v.
State of South Carolina, Respondent.
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2020-000133 |
The State, Respondent,
v.
Samuel Lamar Burnside, Appellant.
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2020-000976 |
Cynthia Elaine Holmes, Appellant,
v.
James Kevin Holmes, Respondent.
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2021-000490 |
Greg German, Appellant,
v.
South Carolina Department of Employment and Workforce, Respondent.
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2020-001531 |
Alvetta L. Massenberg, Appellant,
v.
Clarendon County Treasurer, Clarendon County Delinquent Tax Collector, Blacktop Ventures, LLC, Respondents.
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2021-000140 |
Alyssa Hughes, Appellant,
v.
Rafael C. Russi Corretjer, Respondent.
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2020-000175 |
The State, Respondent,
v.
Jason J. Owen, Appellant.
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2020-001551 |
In the Matter of the Care and Treatment of Kevin Lamar Wright, Appellant.
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2020-001174 |
Alphonso Morgan, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001971 |
The State, Respondent,
v.
Brian Neil White, Appellant.
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2020-000091 |
The State, Respondent,
v.
Shi Heme Raquan Price, Appellant.
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2021-000007 |
Andrew Davis Desilet, Appellant,
v.
South Carolina Department of Motor Vehicles and South Carolina Department of Public Safety, Respondents.
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2020-000955 |
Thelma Smalls David, Bernard Brown, Benjamin Smalls, Edward Brown, Nicolette James, Robert Brown, Thomas Brown and Debra Commodore, Appellants,
v.
Donna Lee Cox, Robert R. Cox, Jr., Shawn Thackeray and Lowcountry Highlanders Farm LLC, Respondents,
And
Bohicket Farms, LLC, Intervenor.
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2019-000381 |
Henry Nesbit, Jr., Petitioner,
v.
State of South Carolina, Respondent.
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2021-000234 |
Warren Washington, Petitioner,
v.
State of South Carolina, Respondent.
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2021-000447 |
Chuck McCullough, #311608, Appellant,
v.
South Carolina Department of Probation, Parole, and Pardon Services, Respondent.
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2019-001923 |
The State, Respondent,
v.
James Harold Baldwin, Appellant.
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2021-000596 |
Ashley Whitehead, individually and as Guardian ad Litem for Brantley W., a minor under the age of fourteen (14) years and William B. Whitehead, Appellants,
v.
Barnwell School District 45, Respondent.
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2020-001104 |
Bonita Steed and Bernard Steed, Respondents,
v.
Antoine Heyward, Ruby Heyward and Also all other persons unknown, Claiming any right, title, estate, interest in or lien upon the real estate described in the amended complaint herein, Appellants.
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2020-001043 |
Town of Lexington South Carolina, Respondent,
v.
Patty Cox Wingard, as Trustee for PLCW Trust, and Scott's Furniture Company, Inc., Appellants.
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2020-001603 |
Malcolm A. Williams, Petitioner,
v.
State of South Carolina, Respondent.
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2020-001127 |
1st Franklin Financial Corporation, Respondent,
v.
Estate of Roby A. Adams, Appellant.
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2021-000565 |
Marquives Boatwright, Petitioner,
v.
State of South Carolina, Respondent.
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2020-001612 |
The State, Respondent,
v.
Lamont Antonio Samuel, Appellant.
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2020-000687 |
Peter Michael Buonaiuto, Sr., individually, and of behalf of all others similarly situated, Appellant,
v.
The Town of Hilton Head Island, South Carolina, Respondent.
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2020-001700 |
Sarah Bostick Howell, Appellant,
v.
The Heirs and Distributees of Ollie Bostick; The Heirs and Distributees of Sarah Bostick; The Heirs and Distributees of Janie Bostick; The Heirs and Distributees of Joe Bostick; The Heirs and Distributees of Margie B. Graves; The Heirs and Distributees of Johnny Bostick; The Heirs and Distributees of Freddie Bostick; The Heirs and Distributees of Ollie Bostick, Jr.; The Heirs and Distributees of Mamie B. Lucas; The Heirs and Distributees of Lawrence Bostick; Bronco Bostick; Gladys B. Williams; Lewis Bostick; Larry Bostick; Roamell Bostick; Lawrence Bostick Jr.; Rodger Bostick; Terell Bostick; and Three T Farm, LLC; FIATP SSF Timber, LLC; and Carl Polite, as adjoining Landowners; and all other heirs at law, devisees, or persons unknown, claiming by, under, or through any of the above-named persons, John Doe and Mary Roe, being fictitious names designating a class of persons, or a legal entity, infants, incompetents, persons in the Armed Forces of the United States of America, if any, known or unknown, who may be an heir, devisee, legatee, issue, alienee, administrator, executor, creditor, successor or assign having any right, title, interest, estate in or lien upon the real estate described in the Complaint herein, Defendants,
Of Whom Bronco Bostick is the Respondent.
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2021-000600 |
The State, Respondent,
v.
Joshua Anthony Kelly, Appellant.
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2020-001077 |
Antonio Collins, Petitioner,
v.
State of South Carolina, Respondent.
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2019-001849 |
The State, Respondent,
v.
Michael Wiggs, Appellant.
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2020-001143 |
Andrietta Atkinson and Debra Clyburn-Wilson, individually and as Personal Representatives of the Estate of Willie Mae Clyburn, Respondents,
v.
SSC Sumter East Operating Company, LLC d/b/a Sumter East Health and Rehabilitation Center and Paul Granger, Defendants,
of whom SSC Sumter East Operating Company, LLC d/b/a Sumter East Health and Rehabilitation Center is the Appellant.
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2019-001807 |
The State, Respondent,
v.
Quincy Lakeith Hemphill, Appellant.
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2020-001628 |
Hardy Marvin Lanier, # 381975, Appellant,
v.
South Carolina Department of Corrections, Respondent.
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