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.

Monday, November 5, 2018
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2016-000984    Cortland James Eggleston, Appellant, v. United Parcel Service, Inc. and Rick Fogle, Defendants, of which United Parcel Services, Inc. is the Respondent, and Rebecca McCutcheon, Appellant, v. United Parcel Service, Inc. and John Doe, Defendants, of which United Parcel Service, Inc. is the Respondent.

Shane Morris Burroughs of Lanier & Burroughs, LLC, of Orangeburg, for Appellants. Kathleen Chewning Barnes of Barnes Law Firm, LLC, of Hampton, for Appellants. Justin Tyler Bamberg of Bamberg Legal, LLC, of Bamberg, for Appellants. George Troy Thames of Willson Jones Carter & Baxley, P.A., of Mt Pleasant, for Respondent. Ryan R. Corkery, of Philidelphia, PA, for Respondent.

Cortland James Eggleston appeals the trial court's order dismissing his action against United Parcel Service for personal injuries he suffered after UPS failed to timely delivery thyroid medication, in which the court found his common law claims were preempted by federal law. His wife, Rebecca McCutcheon, appeals the trial court's similar dismissal of her loss of consortium action.

 11:20 a.m. (Time Limits: 10-10-5)  
2016-001113    Benjamin C. Gecy, River City Developers, LLC and River City Real Estate, LLC, Appellants, v. Somerset Point at Lady's Island Homeowners Association, Inc., f/k/a Coosaw River Estates Homeowners Association, LLC; Hilton C. Smith, Jr., Coosaw Investments, LLC; Hilton C. Smith Jr., Inc. of South Carolina and Manorhouse Builders of South Carolina, LLC, Defendants, Of which Hilton C. Smith, Jr., Coosaw Investments, LLC, and Hilton C. Smith, Jr., Inc. of South Carolina are Respondents.

William G. Jenkins, Jr. of Jenkins, Esquivel & Fuentes, PA, of Hilton Head Island, for Appellants. Duke Raleigh Highfield and Jeffrey J. Wiseman, both of Young Clement Rivers, of Charleston, for Respondents Hilton C. Smith, Jr. and Hilton C. Smith, Jr., Inc. of South Carolina. Ernest Mitchell Griffith and Kelly Dennis Dean, both of Griffith Freeman & Liipfert, LLC, of Beaufort, for Respondents Hilton C. Smith, Jr., Coosaw Investments, LLC, and Hilton C. Smith, Jr., Inc. of South Carolina. William Wharton Watkins, Jr., John Joseph Dodds, IV, Morgan S. Templeton, and Graham P. Powell, all of Wall Templeton & Haldrup, PA, of Charleston, for Respondents Hilton C. Smith, Jr., Coosaw Investments, LLC, and Hilton C. Smith, Jr., Inc. of South Carolina.

In this civil case, Benjamin C. Gecy, River City Developers, LLC, and River City Real Estate, LLC (collectively, River City) appeal the circuit court's order granting summary judgment to Hilton C. Smith, Jr., Coosaw Investments, LLC, and Hilton C. Smith, Jr., Inc. of South Carolina (collectively, Coosaw) on River City's malicious prosecution claim. On appeal, River City argues the circuit court erred in finding River City was unable to prove the element of favorable termination of proceedings.

Tuesday, November 6, 2018
Court Room I
 10:40 a.m. (Time Limits: 10-10-5)  
2016-001154    Matthew Edwards, Employee, Appellant, v. SC Department of Public Safety, Employer, and State Accident Fund, Carrier, Respondents.

John Kirkman Moorhead of Krause Moorhead & Draisen, PA, of Anderson, for Appellant. Zachary McIver Smith of Willson Jones Carter & Baxley, P.A., of Greenville, for Respondents.

Michael Edwards sustained an admitted injury to his back while working at the South Carolina Department of Public Safety (Employer). Edwards appeals the order of the Appellate Panel of the Workers' Compensation Commission (the Appellate Panel), arguing the Appellate Panel erred in finding (1) he was not entitled to a lump sum payment and (2) he was not permanently and totally disabled.

 11:20 a.m. (Time Limits: 10-10-5)  
2016-001278    Mildred Ann Kinghorn as Trustee for the Mildred Ann Kinghorn Trust, dated 28 April 2004, Respondent, v. George Sakakini, Appellant.

Melvin Richardson Hyman, Jr. of Law Firm of M. Richardson Hyman, Jr., of Charleston, for Appellant. C. Scott Graber of Graber Law Firm, of Beaufort, for Respondent.

George Sakakini appeals the circuit court's order granting Mildred Kinghorn's motion to enforce the parties' settlement agreement.

 12:00 p.m. (Time Limits: 10-10-5)  
2016-001493    Lynda Marie McKinnon, Respondent, v. Chris Charles Bray, Appellant.

Jeffrey A. Merriam and Travis Verne Olmert, both of Carter Smith Merriam Rogers & Traxler, PA, of Greenville, for Appellant. Margaret A. Chamberlain of Chamberlain Law Firm, LLC, of Greenville, for Respondent. Jessica Ann Salvini of Salvini & Bennett, LLC, of Greenville, for Respondent.

Chris Bray (Husband) appeals the family court's order granting Lynda McKinnon's (Wife's) motion to reconsider and terminating Wife's alimony obligation pursuant to Rule 60, SCRCP. On appeal, Husband argues the family court erred because (1) Wife's motion was time barred, (2) Wife did not give Husband notice she sought relief under Rule 60, (3) it improperly considered extrinsic evidence, (4) Wife's alimony obligation was the law of the case, (5) any mistake in the order awarding alimony was the fault of Wife and her attorney, (6) Wife did not prove by a preponderance of evidence that the alimony order did not reflect the agreement between her and Husband, and (7) there was no clerical error for the court to reform in the alimony order.

Wednesday, November 7, 2018
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2016-001425    Natasha Turner, Respondent/Appellant, v. Michael T. Kellett and Carmen Kellett, Appellants/Respondents.

Clifford F. Gaddy, Jr., of Greenville, for Appellants/Respondents. Joseph Mackay Plaxco of Joseph M. Plaxco, LLC, of Greenville, for Respondent/Appellant. R. Frank Plaxco, of Greenville, for Respondent/Appellant.

Michael and Carmen Kellett (collectively, the Kelletts) appeal a circuit court order finding they violated the South Carolina Unfair Trade Practices Act (the Act). On appeal, the Kelletts argue the circuit court erred in finding they violated the Act because the unfair or deceptive act was not capable of repetition and did not affect the public interest. In a cross-appeal, Natasha Turner argues the circuit court properly found she prevailed under the Act but erred in finding she was not entitled to (1) attorney's fees, (2) punitive damages, and (3) costs.

 10:40 a.m. (Time Limits: 10-10-5)  
2016-001652    The State, Respondent, v. Jacob Michael Hendricks, 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. Solicitor William Walter Wilkins, III, of Greenville, for Respondent.

Jacob Hendricks appeals his conviction of first-degree criminal sexual conduct with a minor, for which he was sentenced to twenty-five years' imprisonment. Hendricks argues the circuit court erred by failing to instruct the jury that his prior criminal record could be considered only for impeachment and not as proof that he committed the crime alleged in this case.

 12:00 p.m. (Time Limits: 10-10-5)  
2016-001266    Personal Care, Inc., Appellant, v. Jerry N. Theos; Uricchio, Howe, Krell, Johnson, Toporek, Theos & Keith, PA; Cheryl D. Shoun; And Taylor, Shoun, Bowely & Byrd, LLC, Respondents.

Christian Stegmaier and Kelsey Jan Brudvig, both of Collins & Lacy, PC, of Columbia, for Appellant. Thomas A. Pendarvis and Christopher W. Lempesis, Jr., both of Pendarvis Law Offices, PC, of Beaufort, for Appellant. John Keith Blincow, Jr. of Blincow Griffin Law PC, of Charleston, for Appellant. Elizabeth Spain and Jennifer Hess Thiem, both of K&L Gates LLP, of Charleston, for Respondent Cheryl D. Shoun. Oana Dobrescu Johnson of Oana D. Johnson, Attorney at Law, of Charleston, for Respondent Taylor Bowley & Byrd, LLC. M. Dawes Cooke, Jr., and Phillip S. Ferderigos, both of Barnwell Whaley Patterson & Helms, LLC, of Charleston, for Respondents Jerry N. Theos and Theos & Keith, PA,

In this malpractice action, Personal Care, Inc., appeals an order denying a Motion to Restore filed pursuant to Rule 40(j), SCRCP, and an order denying a Motion to Alter or Amend Judgment. On appeal, Personal Care argues the trial court erred in effectively dismissing its action sua sponte based on the three-year statute of limitations when no dispositive motion was filed on behalf of Respondents.

Thursday, November 8, 2018
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2016-001499    Jeanne Beverly, individually and on behalf of others similarly situated, Appellant, v. Grand Strand Regional Medical Center, LLC, Respondent.

John Gressette Felder, Jr., Chad Alan McGowan, and Jordan Christopher Calloway, all of McGowan Hood & Felder, LLC, of Rock Hill, for Appellant. Roy F. Harmon, III, and Sidney L. Major, Jr., both of Harmon & Major, PA, of Greenville, for Appellant. Jeffrey Christopher Chandler of Chandler Law Firm, of Myrtle Beach, for Appellant. Katon Edwards Dawson, Jr., William R. Thomas, and James Lynn Werner. all of Parker Poe Adams & Bernstein, LLP, of Columbia, for Respondent.

Appellant Jeanne Beverly appeals the circuit court's order granting Respondent Grand Strand Medical Center LLC's (Grand Strand's) Rule 12(b)(6), SCRCP, motion to dismiss Beverly's claims for breach of contract, bad faith, and in the alternative, unjust enrichment, all of which arose out of her emergency room visit at Grand Strand following an automobile accident. On appeal, Beverly argues the circuit court erred in finding: (1) a Blue Cross Blue Shield of South Carolina (BCBS) member is not an intended third-party beneficiary to the contract between BCBS and Grand Strand; (2) no fiduciary duty relationship exists between a BCBS member and Grand Strand; and (3) it is equitable for Grand Strand to charge a BCBS member.

 10:40 a.m. (Time Limits: 10-10-5)  
2016-001575    Lori Brown, Respondent, v. Heather Key, Appellant.

Brian Austin Katonak of Law Office of Brian Katonak, PA, of Aiken, for Appellant. Bradford M. Owensby of Brad Owensby Law Firm, L.L.C., of Aiken, for Respondent.

Heather Key (Mother) appeals the family court's order mandating visitation between her child (Child) and Child's paternal grandmother, Lori Brown. Mother maintains the family court erred in concluding the requirements set forth for grandparent visitation in section 63-3-530(33) of the South Carolina Code were satisfied.

 11:20 a.m. (Time Limits: 10-10-5)  
2016-001541    Gary Nestler and Julie Nestler, Appellants, v. Joseph E. Fields, Respondent.

Andrew Joseph McCumber of Slotchiver & Slotchiver, LLP, of Mount Pleasant, for Appellants. Alan Ross Belcher, Jr., and Paul Barry Trainor, both of Hall Booth Smith, PC, of Atlanta, Georgia, for Respondent.

In this personal injury action arising from a car wreck, Appellants Gary Nestler and Julie Nestler argue the circuit court erred in (1) allowing Joseph Fields to introduce evidence of Gary Nestler's medical expenses, (2) denying Appellants' motion for a new trial absolute, and (3) charging the jury on failure to mitigate damages.

Tuesday, November 13, 2018
Court Room I
 10:00 a.m. (Time Limits: 10-10-5)  
2016-001247    Thomas Contreras, Claimant, Appellant, v. St. John's Fire District Commission, Employer, and State Accident Fund, Carrier, Respondents.

Gary Christmas of Howell and Christmas, LLC, of Mt. Pleasant, for Appellant. Stephen Benjamin Samuels of Samuels Law Firm, LLC, of Columbia, for Appellant. Page Snyder Hilton, of Columbia, for Respondents. Margaret Mary Urbanic of Clawson & Staubes, LLC, of Charleston, for Respondents.

In this workers' compensation case, Thomas Contreras appeals the order of the Appellate Panel of the South Carolina Workers' Compensation Commission (the Appellate Panel). Contreras argues the Appellate Panel erred in (1) finding Contreras's injury was limited to the shoulder and compensable under section 42-9-30 of the South Carolina Code (2015); (2) finding the Single Commissioner did not find the clavicle was compensable, and the issue was not preserved; and (3) prohibiting Contreras from raising the issue of temporary partial disability on remand.

 10:40 a.m. (Time Limits: 10-10-5)  
2016-001514    Tiffany's Cafe and Bakery on Devine, Inc., Respondent, v. James S. Archer, Appellant.

Thomas Jefferson Goodwyn, Jr., of Goodwyn Law Firm, LLC, of Columbia, for Appellant. Carlos W. Gibbons, Jr. of Ashley & Gibbons, PA, of Columbia, for Respondent. Adam Tremaine Silvernail of Law Office of Adam T. Silvernail, of Columbia, for Respondent.

Tiffany's Café and Bakery on Devine, Inc. commenced this action against James S. Archer for collection of a promissory note, breach of contract, negligence, and breach of fiduciary duty. The master in equity awarded judgment in favor of Tiffany's in the amount of $43,373.27. Archer appeals.

 11:20 a.m. (Time Limits: 10-10-5)  
2016-001296    Mac Papers, Inc., Appellant/Respondent, v. Genesis Press, Inc., Lawrence I. Kudeviz, Barry Zissok, and Lewis Levin, Defendants, Of whom Lawrence I. Kudeviz is the Respondent/Appellant.

Townes Boyd Johnson, III, of Townes B. Johnson III, LLC, of Greenville, for Appellant/Respondent. Robert L. Widener of McNair Law Firm, PA, of Columbia, for Respondent/Appellant. Bernie W. Ellis of McNair Law Firm, PA,of Greenville, for Respondent/Appellant.

In this breach of contract action involving cross-appeals, Mac Papers, Inc., argues the circuit court erred in: (1) finding Lawrence Kudeviz's 1991 personal guaranty agreement was limited by the associated credit application of Genesis Press, Inc.; (2) finding Mac Papers failed to prove that Kudeviz intended to be liable for more than $70,000; and (3) not addressing Kudeviz's liability under a 2008 personal guaranty agreement. Kudeviz argues the circuit court erred in finding: (1) he failed to terminate his personal guaranty; (2) he was not shielded from liability by equitable estoppel; and (3) he was not shielded from liability by the equitable doctrine of waiver.

Wednesday, November 7, 2018
Court Room II
 10:00 a.m. (Time Limits: 10-10-5)  
2016-002079    The State, Respondent, v. Herbie Val Singleton, Jr., Appellant.

Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Vann Henry Gunter, Jr.. both of Columbia, for Respondent. Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.

Herbie V. Singleton, Jr., appeals his conviction for obstruction of justice, arguing the circuit court erred by denying his motion for a directed verdict because the State failed to present any direct or substantial evidence showing he obstructed the administration of justice.

 
 10:40 a.m. (Time Limits: 10-10-5)  
2016-002495    The State, Respondent, v. Ontario Stefon Patrick Makins, 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. Solicitor William Walter Wilkins, III, of Greenville, for Respondent.

Ontario Stefon Patrick Makins appeals his conviction of third degree criminal sexual conduct (CSC) with a minor, arguing the circuit court erred in (1) refusing to allow Makins to cross examine the victim (Victim) about three prior false allegations of sexual abuse and (2) allowing therapist Kristin Rich to bolster Victim's testimony by permitting Rich to testify as both an expert in child sexual abuse trauma and as a fact witness regarding Victim's sexual abuse allegations.

 
Cases to be Submitted Without Oral Argument
2016-000576    The State, Respondent, v. Robert Davis Smith, Jr., Appellant.

2017-001447    The State, Respondent, v. John Anthony Singleton, Appellant.

2016-002046    The State, Respondent, v. Homer Arthur James, Appellant.

2017-000769    Douglas D. Gregg, III, Petitioner, v. State of South Carolina, Respondent.

2017-001268    The State, Respondent, v. Charles Leslie Davis, Jr., Appellant.

2016-001830    The State, Respondent, v. Stanley Delanor Moultrie, Appellant.

2017-001576    The State, Respondent, v. Randall Matthew Simpson, Appellant.

2017-002193    State of South Carolina, Respondent, v. Alexander Reid, Appellant.

2017-001900    Karlin Foster, Petitioner, v. State of South Carolina, Respondent.

2016-001771    The State, Respondent, v. Jasmine Nicole Femia, Appellant.

2016-001724    Trenton James Black, Petitioner, v. State of South Carolina, Respondent.

2016-001449    Kentrell T. Liburd, Petitioner, v. State of South Carolina, Respondent.

2015-002297    John Doe, Appellant, v. Board of Zoning Appeals (BZA) and Town of Sullivan's Island (S.I.), S.I. Zoning Administrator, and S. I. Building Dept., Individually and In Official Capacity, Respondents.

2017-002328    Octavious Leon Carr, Petitioner, v. State of South Carolina, Respondent.

2017-002580    Darryl Joseph Williams, Petitioner, v. State of South Carolina, Respondent.

2016-002357    Dyeshawn Foster, Petitioner, v. State of South Carolina, Respondent.

2016-001142    Erick Hernandez, Petitioner, v. State of South Carolina, Respondent.

2018-000225    The State, Respondent, v. Will Rogers Mitchum, Appellant.

2016-000892    William Gregg, Petitioner, v. State of South Carolina, Respondent.

2017-001987    The State, Respondent, v. Willie Howard Smallwood, Appellant.

2017-000059    Joseph Walker, Petitioner, v. State of South Carolina, Respondent.

2017-001687    The State, Respondent, v. Matthew Thomas Pickens, Jr., Appellant,

2016-002123    The State, Appellant, v. Charles Thomas Riley, Respondent.

2017-001357    Michael Landry, Appellant, v. Angela Landry, Respondent.

2016-001786    The State, Respondent, v. Carmine James Miranda, III, Appellant.

2017-000780    L'Tonya Scott, Appellant, v. South Carolina Public Employee Benefit Authority, Employee Insurance Program, Respondent.

2017-000214    The State, Respondent, v. Carlos A. Ruiz, Appellant.

2016-000529    The State, Respondent, v. Kalvin Ropel Brown, Appellant.

2016-002462    Sony Adams, Respondent, v. Nadine Adams, Appellant.

2018-000086    The State, Respondent, v. Jamal B. Perkins, Appellant.

2017-001798    John Oglesby, Petitioner, v. State of South Carolina, Respondent.

2016-001875    The State, Respondent, v. Douglas Kelly Phillips, Appellant.

2016-002470    The State, Respondent, v. Adrian Lesston, Appellant.

2017-001151    The State, Respondent, v. Edrian Wright, Appellant.

2017-002017    The State, Respondent, v. Gregory O. Dash, Appellant.

2016-001998    Christopher Poage, Petitioner, v. State of South Carolina, Respondent.

2017-001467    The State, Respondent, v. Jimmy Larry Gilstrap, Appellant.

2017-001575    South Carolina Department of Motor Vehicles, Appellant, v. Christopher McMahan, Respondent.

2016-001895    First Citizens Bank and Trust Company, Inc., successor by merger to Community Resource Bank, N.A., Respondent, v. SOH Properties, LLC, Ivan A. Roldan, and Eugene G. McDonald a/k/a Eugene G. McDonald, III, Defendants, Of whom Eugene G. McDonald a/k/a Eugene G. McDonald, III, is the Appellant.

2016-001700    Mark Anderko, Appellant, v. South Carolina Law Enforcement Division, Respondent.

2017-001360    Toby Moore, Petitioner, v. State of South Carolina, Respondent.

2016-001867    Bonnie Riley, Appellant, v. Michael Outlaw, Respondent.