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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, June 7, 2022
Courtroom I
 10:40 a.m. (Time Limits: 10-10-5)  
2019-001254    Frankie Padgett, Claimant, Respondent, v. Cast and Crew Entertainment Services, Inc., Employer, and American Zurich Insurance Company, Carrier, Appellants.

Vernon F. Dunbar, of McAngus Goudelock & Courie, LLC, of Greenville, for Appellants. Stephen Benjamin Samuels, of Samuels Reynolds Law Firm, LLC, of Columbia, for Respondent.

Cast and Crew Entertainment Services (Employer) and American Zurich Insurance Company (Carrier), collectively Appellants, appeal an order from the South Carolina Workers' Compensation Commission (the Appellate Panel), arguing the Appellate Panel erred in reinstating Frankie Padgett's (Claimant) temporary total disability compensation benefits for a 2015 injury because (1) he entered into settlement agreement with Employer (the Settlement Agreement) for a prior workers' compensation claim prohibiting him from working for Employer in the future; and (2) he had been paid more than 500 weeks of benefits between the Settlement Agreement and the temporary total disability payments for the 2015 injury.

 11:20 a.m. (Time Limits: 10-10-5)  
2019-001013    The State, Respondent, v. Malette Denise Kimbrough, Appellant.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, Senior Assistant Attorney General W. Edgar Salter, III, and Assistant Attorney General Caroline Scrantom, all of Columbia, for Respondent.

Malette Denise Kimbrough appeals from her convictions for murder and possession of a weapon during the commission of a violent crime. She argues the trial court erred in: (1) instructing the jury that malice may be inferred from the use of a deadly weapon; (2) allowing an investigator to testify about what the decedent's daughter told him because it was prejudicial hearsay testimony; and (3) allowing an investigator to testify that a person "was absolutely cleared" as a suspect as a result of information he received because the investigator's opinion was based on inadmissible hearsay.

 12:00 p.m. (Time Limits: 10-10-5)  
2019-001246    The State, Respondent, v. Wanda Jane Crumpton, Appellant.

Appellate Defender Joanna Katherine Delany, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Jonathan Scott Matthews, both of Columbia, for Respondent.

Wanda Crumpton appeals her convictions of possession of marijuana with intent to distribute and distribution of marijuana within close proximity of a school or park, arguing the circuit court erred by (1) qualifying a police officer as an expert witness in marijuana analysis and (2) admitting into evidence the substance seized from her home because it was not properly tested.

Wednesday, June 8, 2022
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2018-000127    Terrance J. Goss, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Joanna Katherine Delany, of Columbia, for Petitioner. Assistant Attorney General Lauren T'Coya Mims, of Columbia, for Respondent.

 10:40 a.m. (Time Limits: 10-10-5)  
2019-000671    Tammy C. Richardson, Respondent, v. Halcyon Real Estate Services, LLP and McCabe, Trotter & Beverly, P.C., Defendants, of which McCabe, Trotter & Beverly, P.C. is the Appellant.

M. Dawes Cooke, Jr., John William Fletcher, and Justin Paul Novak, all of Barnwell Whaley Patterson & Helms, LLC, of Charleston; Joshua Robert Hinson, of Wolfe, Campbell, Gunst & Hinson, PLLC, of Charlotte, NC; and Robert P. Wood, of Rogers Townsend LLC, of Columbia, all for Appellant. Mary Leigh Arnold, of Mary Leigh Arnold, PA, of Mt. Pleasant; and Justin S. Kahn, of Kahn Law Firm, LLP, of Charleston, both for Respondent.

McCabe, Trotter & Beverly, P.C. (MTB) appeals the circuit court's order imposing sanctions on MTB for deposition misconduct. MTB argues (1) the circuit court's order is immediately appealable, and (2) the circuit court erred by imposing sanctions when MTB's counsel did not violate Rule 30(j)(8), SCRCP, and had legitimate reasons for ending a deposition.

 2:00 p.m.
2022-000330    Justin Shayne Fulmer, Respondent, v. Melissa Emery Buckhannon Esq., Frazier Law Firm P.C., SC House Calls, Inc., Anna Coggeshall, Bryan Coggeshall, Katherine Coggeshall, Lauren Trent Fulmer, and Thomas Buckhannon, Defendants. Of whom Anna Coggeshall is the Petitioner.

Thursday, June 9, 2022
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2019-001109    The State, Respondent, v. Xzariera Okevis Gray, 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 Michael Douglas Ross, all of Columbia, for Respondent.

Xzariera Okevis Gray appeals his convictions for murder and possession of a weapon during the commission of a violent crime. Gray asserts the trial court erred in (1) denying him immunity from prosecution pursuant to the Protection of Persons and Property Act, (2) admitting a video of the alleged shooting, and (3) failing to grant a hearing on his motion for a new trial.

 10:40 a.m. (Time Limits: 10-10-5)  
2018-002173    Antonio Sadler, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Victor R Seeger, of Columbia, for Petitioner. Assistant Attorney General D. Russell Barlow, II, of Columbia, for Respondent.

 11:20 a.m. (Time Limits: 10-10-5)  
2019-001380    Paula Russell, Claimant, Appellant, v. Wal-Mart Stores, Inc., Employer, and American Home Assurance, Carrier, Respondents.

C. Daniel Vega, of Chappell Smith & Arden, and James David George, Jr., both of Columbia, for Appellant. Johnnie W. Baxley, III, of Willson Jones Carter & Baxley, P.A., of North Charleston, for Respondents.

Wednesday, June 15, 2022
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5-5)  
2019-001289    Raven's Run Homeowners Association, Inc., Appellant-Respondent, v. Crown Point Association, Inc., Lois K. Novak as Trustee of the Lois K. Novak Living Trust dated 10/14/2013; Laurie T. Herron and Mark D. Herron; James B. Kubu and Melissa F. Kubu; Leila June Johnson; Danny Ta and Anita McCauley; Robert E. Luby, Jr., and Barbara Luby; Joshua D. Coonce; Lucius Roy Junevicus; Katherine Kinlaw; Thomas K. Kuyk and Melissa Ward; Roland Franklin Wooten, III, and Teresa Key Wooten; Michael P. Horvath; Timothy E. Moylan and Karen G. Moylan; Carl A. Counasse and Maureen Counasse; David A. Frielinghaus and Holly C. Frielinghaus; Christopher S. Finley and Holly M. Finley; Shirley D. Springer a/k/a Shirly Deanna Springer; Deirdre C. Knight; Robert Shane Johnson; Eric R. Sigman; Lamar R. Graves, Jr. and Terry W. Graves; Mary Elizabeth Gladdedn; Philip Wallace and Naomi Grad; Thomas Edwin Davis and Luis Miguel Gonzalez Melchor; John R. Funkhouser and Jennifer L. Funkhouser; Gregory S. Cooper and Jane B. Cooper; Frank C. Jones, Jr. and Elise Ubele Jones; William P. Topping and Kris B. Topping; LaRhonda S. Ptichko; Kenneth L. Tully and Anna J. Tully; Defendants, Of Whom James B. Kubu and Melissa F. Kubu and Leila June Johnson are the Respondents, And Katherine Kinlaw is the Respondent-Appellant.

William W. Wilkins and Kirsten Elena Small, both of Nexsen Pruet, LLC, of Greenville; George Hamlin O'Kelley, III, of Buist Byars & Taylor, LLC, of Mt. Pleasant; Maria Kiehling Brees, of Brees Law Firm, LLC, of Charleston; and Justin M. McGee, of McGee Law Firm, LLC, of Charleston, all for Appellant-Respondent. Harold Alan Oberman, of Oberman & Oberman, of Charleston, for Respondent-Appellant. Jeffrey T. Spell, of Charleston, for Respondent Leila June Johnson. Charles Mac Gibson, Jr., of Mt. Pleasant, for Respondents James B. Kubu and Melissa F. Kubu.

 10:40 a.m. (Time Limits: 15-15-5)  
2019-001929    In the Matter of: Almeter B. Robinson (Decedent) Laverne Robinson, Appellant, v. Martha Ann Robinson Aiken, Martha Ann Robinson as Trustee, Ronnie Randolph Robinson, Almeter Robinson Harrison and Mary Alice Robinson Green, Respondents.

G. Robin Alley, of Isaacs & Alley, LLP, of Columbia, for Appellant. Moultrie B. Burns, Jr., of Savage Royall & Sheheen, of Camden, for Respondents Ronnie Randolph Robinson, Almeter Robinson Harrison, and Mary Alice Robinson Green. Leonard R. Jordan, Jr., of Jordan Law Firm, of Columbia, for Respondents Martha Ann Robinson Aiken and Martha Ann Robinson.

Laverne Robinson (Laverne) appeals the circuit court's order affirming the probate court's granting of summary judgment in favor of Martha Ann Robinson Aiken, Ronnie Robinson, Almeter Patricia Robinson Harrison, and Mary Robinson Green. On appeal, Laverne argues the circuit court erred by affirming because genuine issues of material fact existed.

 11:20 a.m. (Time Limits: 10-10-5)  
2019-001048    The State, Respondent, v. Johnathan Lamar Hillary, Appellant.

Appellate Defender David Alexander, of Columbia, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and J. Anthony Mabry, all of Columbia; and Solicitor Jimmy A. Richardson, II, of Conway, all for Respondent.

 12:00 p.m. (Time Limits: 15-15-5)  
2019-001145    Jackie Eadon Chalfant, Individually and as a Personal Representative of the Estate of Michael Dallas Chalfant, Appellant, v. Carolinas Dermatology Group, P.A., a South Carolina Professional Association, and Mark G. Blaskis, M.D., Individually, Respondents.

William T. Geddings, Jr., of Geddings Law Firm, PA, of Manning; and Michael G. Fink, of Fort Myers, FL, both for Appellant. Brandon Robert Gottschall, of Sweeny Wingate & Barrow, PA, of Columbia; and Martin S. Driggers, Jr., of Driggers Law Firm, of Hartsville, for Respondents.

In this medical malpractice action, Jackie Eadon Chalfant appeals the trial court's grant of a directed verdict in favor of respondents, arguing (1) expert witness testimony was unnecessary because the common knowledge exception applied to the respondents' failure to provide after-hours contact information and post-operative instructions, (2) the record contained conflicting testimony as to whether respondents breached the standard of care in providing post-operative instructions, and (3) expert witness testimony created a question of fact as to whether the decedent's tachycardia was a contraindication to performing the surgery on May 12, 2015, without proper cardiac follow-up.

Thursday, June 16, 2022
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2019-000797    James E. Carroll, Jr., Appellant, v. Isle of Palms Pest Control, Inc., SPM Management Company, Inc. and Terminix Service, Inc., Defendants, Of which Isle of Palms Pest Control, Inc. and SPM Management Company, Inc. are Respondents.

Robert T. Lyles, Jr., of Lyles & Associates, LLC, of Mt. Pleasant; Jody Vann McKnight, of McKnight Law Firm, of Mount Pleasant; and Rose Beth Grossman Smith, of Simpsonville, all for Appellant. Trent M. Kernodle, of Kernodle Coleman, of James Island; and Stephen Michael Kozick, of Kernodle Coleman, of Charleston, both for Respondent Isle of Palms Pest Control, Inc. Robert Michael Ethridge, of Ethridge Law Group, LLC, and Mary Skahan Willis, both of Mount Pleasant, for Respondent SPM Management Company, Inc.

James E. Carroll, Jr., appeals the circuit court's order granting partial summary judgment in favor of Isle of Palms Pest Control Inc. and SPM Management Co. (collectively, Respondents). Carroll argues the circuit court erred in granting partial summary judgment in favor of Respondents as to his negligence when (1) the circuit court misapplied the economic loss rule; (2) the circuit court incorrectly concluded his damages were limited to $250,000; (3) SPM and IOP owed Carroll a duty arising from SCDPR regulations; and (4) the circuit court's ruling is against public policy because breach of contract claims are excluded from insurance coverage. In addition, Carroll argues this court should reject the circuit court's denial of his motion to reconsider because its findings were false and pretextual.

 10:40 a.m. (Time Limits: 10-10-5)  
2019-001256    The State, Respondent, v. Kyle Maurice Robinson, Appellant.

Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Jonathan Scott Matthews, both of Columbia; and Solicitor Kevin Scott Brackett, of York, all for Respondent.

In this criminal appeal, Kyle Robinson argues the trial court erred in failing to grant his motion for directed verdict. Specifically, Robinson argues that under section 16-3-600 (C)(1)(a) of the South Carolina Code (2015) the State failed to produce any evidence proving he injured Minor and therefore failed to prove an essential element of assault and battery in the first degree.

 11:20 a.m. (Time Limits: 10-10-10-5)  
2019-001282    Richard J. Hook, Respondent, v. South Carolina Department of Health and Environmental Control and Phillip Patterson, Of Which South Carolina Department of Health and Environmental Control is the Appellant and Phillip Patterson is the Respondent.

Bradley David Churdar, of Charleston, for Appellant. Mary Duncan Shahid and Angelica M. Colwell, both of Nexsen Pruet, LLC, of Charleston, for Respondent.

The South Carolina Department of Health and Environmental Control (DHEC) appeals the administrative law court (ALC) holding it in contempt for failing to comply with a consent order. DHEC contends the ALC erred because its failure was not willful. It also asserts the ALC erred by awarding compensation to a party who was not a complainant. It further argues the ALC ignored the exclusive remedy provision of the South Carolina Torts Claims Act.

Wednesday, June 22, 2022
Courtroom I
 10:00 a.m. (Time Limits: 10-10-5)  
2019-001308    Zane Allen Powell, Respondent, v. Renee Anne Dolin, Appellant.

Anthony B. O'Neill, Sr. and Elonda Fair O'Neill, both of O'Neill & Fair, of Charleston, for Appellant. Roger Scott Dixon, of Dixon Law Firm, of Charleston, for Respondent.

In this appeal from the family court, Appellant Renee Dolin argues the court erred in: (1) finding a common law marriage existed based on the preponderance of the evidence; (2) determining the property located at 696 King Street was marital property and awarding Respondent Zane Powell with half of the proceeds from the sale of the property; (3) denying Dolin's motion to dismiss Powell's action for common law marriage; (4) reducing the amount of child support without any income documentation from Powell; and (5) declining to award Dolin reasonable attorney's fees and costs incurred in defending this action.

Thursday, June 9, 2022
Courtroom II
 10:40 a.m. (Time Limits: 10-10-5)  
2019-001296    The State, Respondent, v. Carl Ray Fraley, Appellant.

Stanley T. Case, of Butler Means Evins & Browne, PA, and Richard W. Vieth, of Henderson Brandt & Vieth, PA, both of Spartanburg, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent.

Appellant was charged with four sexual offenses but pled guilty to one count of first degree assault and battery under North Carolina v. Alford. Later, he was evaluated and ordered to register as a sex offender. He argues the State did not establish good cause for his inclusion in the registry because he denied committing any sex crimes and because there is no evidence of any risk to reoffend.

 
 11:20 a.m. (Time Limits: 10-10-5)  
2019-001357    Samuel Rose, Employee, Respondent, v. JJS Trucking, Uninsured Employer, and Chris Thompson Services, Upstream Employer, and Bridgefield Casualty Insurance Company and South Carolina Uninsured Employers' Fund, Carriers, of Which the South Carolina Uninsured Employers' Fund is the Appellant, and JJS Trucking, Uninsured Employer, and Chris Thompson Services, Upstream Employer, and Bridgefield Casualty Insurance Company are the Respondents AND Samuel Rose, Employer, Respondent, v. JJS Trucking, LLC Uninsured Employer, Chris Thompson Services, Upstream Employer, Employers, and Bridgefield Casualty Insurance Co., and South Carolina Uninsured Employers' Fund, Carriers, of which Chris Thompson Services, Upstream Employer, and Bridgefield Casualty Insurance Co., Carrier, are the Appellants.

Timothy Blair Killen, of Holder, Padgett, Littlejohn & Prickett, LLC, of Mt. Pleasant, for Appellant South Carolina Uninsured Employers' Fund. Stephen Benjamin Samuels, of Samuels Reynolds Law Firm, LLC, of Columbia, for Respondent Samuel Rose. Kirsten Leslie Barr, of Trask & Howell, LLC, of Mt. Pleasant, for Respondents Bridgefield Casualty Ins. Co. and Chris Thompson Services, LLC.

The workers' compensation commission previously barred Samuel Rose from making a claim by finding he violated a statute commonly known as the "third party statute." After this court reversed the exclusion of evidence showing Rose cured the violation, the commission awarded various temporary benefits. The entities defending the claim offer several reasons this was error, including that unappealed findings warrant the claim's denial, alleging errors in awarding additional treatment, and errors in designating an authorized treating physician.

 
Cases to be Submitted Without Oral Argument
2020-000023    James Bennett Schwiers, Respondent, v. Gene Baxley Schwiers, Appellant.

2020-000932    Miguel Oyuela-Martinez, Appellant, v. Kuhn & Kuhn, LLC and John Robert Kuhn, Defendants, Of which Kuhn & Kuhn, LLC is the Respondent.

2020-000597    CRM of the Carolinas, LLC, Appellant, v. Trevor W. Steel, Respondent.

2019-000437    Justin Ryan Cone, Petitioner, v. State of South Carolina, Respondent.

2020-000421    John Harbin, Appellant, v. April Blair, Tracy Dunn, HUB Enterprises, Inc., Shawn Conway, Gallivan, White & Boyd, Sam Nikopoulos and John Doe, Respondents.

2020-000770    Jada Garris, Respondent, v. Lexington School District One, Appellant.

2019-000549    Victor D. Smith, Petitioner, v. State of South Carolina, Respondent.

2020-000857    Barbara Brooks, as Personal Representative of the Estate of James Macomson, Appellant, v. State Farm Mutual Automobile Insurance Company, Respondent.

2020-000327    In the Matter of: Estate of Brockie Hopkins, Jr. (Decedent), Rodney Brock Hopkins, Respondent, v. Mary Uptagraft on Behalf of Joshua B. Hopkins, Jacob T. Hopkins, Jensen M. Hopkins and Johanna S. Hopkins, Of whom Mary Uptagraft is the Appellant.

2019-000658    Glen K. LaConey, Petitioner, v. State of South Carolina, Respondent.

2019-002018    R. Jay Lagroon, Appellant, v. Crystal Suggs and Scott Suggs, Respondents.

2020-000267    Roger D. Herrington, II, Respondent, v. Roger Dale Herrington and Eunice M. Herrington, Appellants.

2020-000934    Wendy Grungo-Smith, Respondent, v. Joseph Grungo, Appellant.

2020-000936    Skip Hoagland, Appellant, v. John Tecklenburg, in his official capacity, the City of Charleston, and the City of Charleston Police Department, Respondents.

2020-000561    Jaber Investments, LLC, Appellant, v. Sleep King, LLC and Christopher C. Morris, Respondents.

2020-000435    South Carolina Department of Revenue, Respondent, v. Study Hall, LLC, d/b/a Study Hall, LLC, Appellant.

2020-000479    Edward Spears, Appellant, v. Michael S. Hopewell, Respondent.

2019-001535    Dashon Amin Garner, Petitioner, v. State of South Carolina, Respondent.

2020-000989    Daisy Frederick, Respondent, v. Daniel Lee McDowell, Appellant.

2019-000138    Antonio Demond Fairey, Peititoner, v. State of South Carolina, Respondent.

2020-000849    Kristin Cosby, Appellant, v. South Carolina Criminal Justice Academy, Respondent.

2020-000807    Judith and Johnny Briggs, Respondents, v. Shelby Briggs and Alan Bain, Defendants, Of whom Shelby Briggs is the Appellant and Alan Bain is the Respondent.

2020-000925    J. Daniel Mahoney, Respondent, v. The Muhler Company, Inc. and Henry Hay III, in his individual capacity, Appellants.

2020-000501    Vermell Daniels, as Personal Representative of the Estate of Annie Porter, Respondent, v. THI of South Carolina at Columbia, LLC d/b/a Midlands Health & Rehabilitation Center, Appellant.

2020-000883    Barbara Killingsworth and Brian Killingsworth, Respondents, v. Stokes Brown Toyota of Hilton Head, Appellant.

2019-000578    Eric Adams, Petitioner, v. State of South Carolina, Respondent.