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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.

Tuesday, December 5, 2017
Courtroom I
 10:40 a.m. (Time Limits: 10-10-5)  
2015-000991    Susan Schaefer Bojilov, Respondent/Appellant, v. Blago Metodiev Bojilov, Appellant/Respondent.

Thomas Ryan Phillips of Law Office of T. Ryan Phillips, LLC, of Charleston, for Appellant/Respondent. Gregory Samuel Forman of Gregory S. Forman, PC, of Charleston, for Respondent/Appellant.

Blago Metodiev Bojilov (Husband) appeals the family court's divorce decree arguing the court erred in (1) awarding Susan Scheafer Bojilov (Wife) $200 per month permanent periodic alimony, (2) awarding Wife sole legal and physical custody of the parties' minor child and discretion in obtaining a passport for the child, (3) classifying Husband's Bulgarian bank account as marital asset, (4) calculating Husband's child support obligation, (5) apportioning Husband insufficient equity in the marital home, and (6) awarding Wife $30,000 for attorney's fees. Wife cross-appeals, asserting the family court erred in (1) apportioning Wife insufficient equity in the marital home, (2) not including Husband's unaccounted for funds in the equitable distribution, (3) making Wife pay Husband his equitable distribution in post-tax non-retirement assets, and (4) not awarding Wife attorney's fees incurred defending Husband's motion to reconsider.

 11:20 a.m. (Time Limits: 10-10-5)  
2015-000778    Carol Simpson, Appellant, v. Frank A. Landgraff, Carol Sutton, Sutton & Associates Investigations, Inc., Defendants, Of Whom Frank A. Landgraff is the Respondent.

William G. Mayer of Law Office of William G. Mayer, of Laurens, for Appellant. Timothy E. Madden, Lane Whittaker Davis, and Reid T. Sherard, all of Nelson Mullins Riley & Scarborough, LLP, of Greenville, for Respondent.

On appeal, Carol Simpson argues the circuit court erred in granting summary judgment because (1) she did not have a full and fair opportunity to complete discovery; (2) there was a genuine issue of material fact; (3) the circuit court erroneously found that her claims were barred by the wrongful conduct bar and the in pari delicto doctrine; (4) the circuit court based its finding on two inapplicable hypothetical situations; and (5) the circuit court acknowledged evidence may have existed that negated the wrongful conduct bar.

 2:00 p.m. (Time Limits: 10-10-5)  
2015-001059    The State, Respondent, v. Dalonte Green, Appellant.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Susannah Rawl Cole, all of Columbia, for Respondent . Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent.

In this criminal case, Dalonte Green appeals his conviction of murder and sentence of thirty years' imprisonment. Green argues the circuit court erred in (1) excluding the testimony of Officer Johnny Wells under Rule 804(b)(2), SCRE and (2) refusing to allow defense counsel to argue for the admissibility of the testimony after ruling it was not admissible, in violation of Rule 18(a), SCRCrimP.

 2:40 p.m. (Time Limits: 10-10-5)  
2015-001436    The State, Respondent, v. Nakia Karreim Johnson, Appellant.

E. Charles Grose, Jr. of Grose Law Firm, of Greenwood, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., of Columbia, for Respondent. Solicitor Daniel Edward Johnson, of Columbia, for Respondent.

Nakia Johnson appeals his convictions for second-degree criminal sexual conduct with a minor and lewd act on a minor. On appeal, Johnson argues the trial court erred in refusing to grant a mistrial because (1) the State's expert witness in child abuse assessment testified family members generally question how they did not recognize that abuse was occurring and (2) the child advocacy interviewer testified he instructed Victim to tell the truth during the forensic interview.

Wednesday, December 6, 2017
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2015-001616    The State, Respondent, v. Gerome Chris Smith, Appellant.

Appellate Defender Lara Mary Caudy, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General William Frederick Schumacher, IV, both of Columbia, for Respondent.

Gerome Chris Smith appeals from his conviction and sentence for distribution of crack cocaine, contending the trial court erred in (1) violating his constitutional right of confrontation and cross-examination by admitting the written statement of an informant into evidence, (2) erroneously admitting the non-testifying informant's written statement pursuant to Rule 613(b), SCRE, (3) admitting drug evidence in spite of a defective chain of custody, and (4) admitting into evidence a video of a purported controlled buy because the State failed to lay a proper foundation for admissibility.

Thursday, December 7, 2017
Courtroom I
 10:40 a.m. (Time Limits: 10-10-5)  
2015-000417    Stoneledge at Lake Keowee Owners' Association, Inc., C. Dan Carson, Jeffrey J. Dauler, Joan W. Davenport, Michael Furnari, Donna Furnari, Jessy B. Grasso, Nancy E. Grasso, Robert P. Hayes, Lucy H. Hayes, Ty Hix, Jennifer D. Hix, Paul W. Hund, III, Ruth E. Isaac, Michael D. Plourde, Mary Lou Plourde, Carol C. Pope, Steven B. Taylor, Bettie J. Taylor, and Robert White, Individually, and on behalf of all others similarly situated, Respondents, v. IMK Development Co., LLC, Larry D. Lollis, William C. Cox, Integrys Keowee Development, LLC, Marick Home Builders, LLC, Bostic Brothers Construction, Inc., Rick Thoennes, Defendants, Of Which Bostic Brothers Construction, Inc. is the Appellant.

Alan Ross Belcher, Jr., Elizabeth Wieters, and Paul Barry Trainor, all of Hall Booth Smith, PC, of Charleston, for Appellant. Robert T. Lyles, Jr. of Bill Lyles Law, LLC, of Charleston, for Respondents.

In this construction defect case, Bostic Brothers Construction, Inc. (Bostic) appeals several of the trial court's orders. Bostic argues the trial court erred by (1) denying its motion for a directed verdict based on the statute of limitations, (2) improperly setting off portions of the jury's verdict, and (3) denying its motion for a new trial.

 11:20 a.m. (Time Limits: 10-10-5)  
2015-000392    Stoneledge at Lake Keowee Owners' Association, Inc.; C. Dan Carson; Jeffrey J. Dauler; Joan W. Davenport; Michael Furnari; Donna Furnari; Jessy B. Grasso; Nancy E. Grasso; Robert P. Hayes; Lucy H. Hayes; Ty Hix; Jennifer D. Hix; Paul W. Hund, III; Ruth E. Isaac; Michael D. Plourde; Mary Lou Plourde; Carol C. Pope; Steven B. Taylor; Bette J. Taylor; and Robert White, Individually and on Behalf of all others similarly situated, Respondents, v. IMK Development Co., LLC; Keowee Townhouses, LLC; Ludwig Corporation, LLC; SDI Funding, LLC; Medallion at Keowee, LLC; Integrys Keowee Development, LLC; Marick Home Builders, LLC; Bostic Brothers Construction, Inc.; Miller/Player & Associates; Bradford D. Seckinger; John Ludwig; William Cox; Larry D. Lollis; Rick Thoennes; M Group Construction and Development; LLC; Mel Morris; Joe Bostic; Jeff Bostic; Clear View Construction, LLC; Michael Franz; MHC Contractors; Miguel Porras Choncoas; Builders First Source-Southeast Group; Mike Green; Southern Concrete Specialties; Carl Compton d/b/a Compton Enterprize a/k/a Compton Enterprises; Gunter Heating & Air; All Pro Heating; A/C & Refrigeration, LLC; Coleman Waterproofing; Heyward Electrical Services, Inc.; Tinsley Electrical, LLC; Hutch N Son Construction, Inc.; Upstate Utilities, Inc.; Southern Basements; Carl Catoe Construction, Inc.; T.G. Construction, LLC; Delfino Construction; Francisco Javier Zarate d/b/a Zarate Construction; Alejandro Avalos Cruz; Herberto Acros Hernandez; Martin Hernandez-Aviles; Francisco Villalobos Lopez; Ambrosio Martinez-Ramirez; Ester Moran Mentado; Socorro Castillo Montel; MJG Construction and Homebuilders, Inc. d/b/a MJG Construction; KMAC of the Carolinas, Inc.; Eufacio Garcia; Everado Jarmamillio; Garcia Parra Insulation, Inc.; J&J Construction; Jose Nino; Jose Manuel Garcia; Eason Construction, Inc.; Vincent Morales d/b/a Morales Masonry and Miller/Player & Associates, Defendants, Of Which Marick Home Builders, LLC and Rick Thoennes are the Appellants.

Jason Michael Imhoff, Carl Reed Teague, and Chad McQueen Graham, all of The Ward Law Firm, PA, of Spartanburg, for Appellants. Robert T. Lyles, Jr., of Lyles & Associates, LLC, of Charleston, for Respondent.

In this construction defect case, Marick Home Builders, LLC (Marick) and Rick Thoennes (collectively Appellants) appeal several of the trial court's orders. Appellants argue the trial court erred by (1) failing to give the jury certain charges; (2) failing to grant their directed verdict motions; (3) improperly limiting their closing argument; (4) amalgamating the interests of certain defendants; (5) failing to require Respondents to elect a remedy; and (6) failing to properly setoff settlements Respondents received prior to trial.

Monday, December 11, 2017
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2015-000980    The State, Respondent, v. Tavarious Settles, Appellant.

John William Roberts of Willoughby & Hoefer, PA, of Columbia, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, and Assistant Attorney General Caroline M. Scrantom, all of Columbia, for Respondent. Solicitor David Matthew Stumbo, of Greenwood, for Respondent.

Tavarious Settles appeals his convictions of murder and possession of a firearm or knife during the commission of a crime arguing (1) the trial court erred in admitting his statement when it was obtained by misrepresentation and (2) the trial court erred in refusing to conduct a meaningful sentencing hearing.

 10:40 a.m. (Time Limits: 10-10-5)  
2015-000981    The State, Respondent, v. Teresa Annette Davis, Appellant.

Christian Stegmaier and Kelsey Jan Brudvig, both of Collins & Lacy, PC, of Columbia, for Appellant. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Senior Assistant Attorney General David A. Spencer, and Assistant Attorney General Mary Frances G. Jowers, all of Columbia, for Respondent.

Teresa Davis appeals her convictions of first-degree burglary and possession with intent to distribute methamphetamine, second offense, for which the trial court sentenced her to a cumulative term of eighteen years' imprisonment. On appeal, Davis argues the trial court erred by (1) denying her motion to sever her charges, (2) refusing to direct a verdict of acquittal where the State failed to present evidence showing she had control over the drugs found in the vehicle, and (3) refusing to direct a verdict of acquittal where the State failed to present evidence showing there was an occupant of the home against whom the offense was committed.

 11:20 a.m. (Time Limits: 10-10-5)  
2015-000211    The State, Appellant, v. Frederick Scott Pfeiffer, Respondent.

Attorney General Alan McCrory Wilson, Assistant Deputy Attorney General Samuel Creighton Waters, and Assistant Attorney General Brian T. Petrano, all of Columbia, for Appellant. Ralph Gleaton of Gleaton Wyatt, PA, of Greenville, for Respondent. William G. Yarborough, III, of William G. Yarborough III, Attorney at Law, LLC, of Greenville, for Respondent.

The State of South Carolina appeals from an order granting Frederick Scott Pfeiffer's motion to reconsider his sentence, arguing the circuit court did not have the authority to rule on Pfeiffer's second post-trial motion to reconsider his sentence.

Tuesday, December 12, 2017
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2016-002482    South Carolina Department of Social Services, Respondent, v. Veronica Denise Chandler and Monroe Holmes, Defendants, Of whom Veronica Denise Chandler is the Appellant. In the interest of minors under the age of eighteen.

Melinda Inman Butler of The Butler Law Firm, of Union, for Appellant. Ernest Joseph Jarrett of Jenkinson Jarrett & Kellahan, PA, of Kingstree, for Respondent. Ian Andrew Taylor of Taylor Law Office, of Pawleys Island, for Guardian Ad Litem.

Veronica D. Chandler appeals the family court's order terminating her parental rights to two of her minor children. She agues the family court erred by terminating her parental rights after ruling several drug tests were inadmissible.

 10:40 a.m. (Time Limits: 10-10-5)  
2015-002073    The State, Appellant, v. Roxanne Hughes, Respondent.

Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Appellant. Joseph Preston Strom, John R. Alphin, Bakari T. Sellers, and Alexandra Marie Benevento, all of Strom Law Firm, LLC, of Columbia, for Respondent.

The State appeals the circuit court's dismissal of Respondent Roxanne Hughes' indictments for felony tax evasion. The State argues the circuit court erred in dismissing the indictments because (1) Hughes' actions constituted felony tax evasion, (2) the indictments were facially valid, and (3) the solicitor had exclusive prosecutorial discretion to decide which charges to bring against Hughes.

 11:20 a.m. (Time Limits: 10-10-5)  
2016-000637    Catwalk, LLC., Moondog, LLC., LET, LLC. Lost Parrot, LLC., Vacation Inn, LLC., SBM, LLC., and South Beach Swimming Pool, Inc., Appellants, v. Sea Pines South Beach Owners' Association, Inc., Respondent.

Curtis Lee Coltrane of Coltrane & Wilkins, LLC, of Hilton Head Island, for Appellants. John Michael Jordan and Kirsten Elena Small, both of Nexsen Pruet, LLC, of Greenville, for Respondent.

Catwalk, LLC, Moondog, LLC, Let, LLC, Lost Parrot, LLC, Vacation Inn, LLC, SMB, LLC, and South Beach Swimming Pool, Inc. appeal the Master-in-Equity's grant of summary judgment in favor of Sea Pines South Beach Owners Association declaring property owned by Appellants is subject to certain covenants.

Wednesday, December 6, 2017
Courtroom II
 10:40 a.m. (Time Limits: 10-10-5)  
2015-002041    Mortesha Mouzon-Johnson, Claimant, Appellant, v. Mead Westvaco, Self-Insured Employer, Respondent.

Andrea Culler Roche and Derrick Le'Van Williams, both of Mickle & Bass, LLC, of Columbia, for Appellant. Kirsten Leslie Barr of Trask & Howell, LLC, of Mt. Pleasant, for Respondent.

This appeal arises out of Mortesha Mouzon-Johnson's (Claimant's) workers' compensation claim asserting injury by accident to her lungs and respiratory system arising out of and in the course and scope of her employment with Mead Westvaco, or in the alternative, an occupational disease. Claimant argues the South Carolina Workers' Compensation Commission Appellate Panel erred in denying her claim and reversing the single commissioner's order awarding medical benefits, temporary total disability benefits, and permanent disability benefits.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2015-000611    The State, Respondent, v. Orlando Martinez Coleman, Appellant.

Jessica Leigh Birt, of Charleston, for 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 Kevin Scott Brackett, of York, for Respondent.

Orlando Martinez Coleman appeals his convictions for two counts of first degree criminal sexual conduct with a minor, arguing the trial court (1) erred in denying his motion to quash the second indictment and (2) abused its discretion in qualifying Laurie Caldwell as an expert witness in delayed disclosure. Coleman further asserts the trial court's erroneous rulings unfairly prejudiced his case.