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South Carolina
Judicial Branch
Supreme Court - 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 18, 2024
 09:30 a.m. (Time Limits: 15-15-5)  
2022-001160   Mathes Auto Sales, Inc., Respondent, v. Otis Morris, Jr., Pro Bowl Motors, Inc., Travelers Casualty & Surety Co. of America, Inc., Gerald Scott Dixon, Michael Tyrone Moore, and Dixon's Automotive, LLC, Defendants, Of Whom Gerald Scott Dixon, Michael Tyrone Moore, and Dixon's Automotive, LLC, are the Petitioners.

Leland B. Greeley, of Leland B. Greeley, P.A., of Rock Hill, for Petitioners. Joseph Gregory Studemeyer, of Studemeyer Law Firm, P.C., of Irmo, for Respondent.

The Court granted a writ of certiorari to review the court of appeals' decision in Mathes Auto Sales v. Morris, Op. No. 2022-UP-253 (S.C. Ct. App. filed July 20, 2022).

 10:30 a.m. (Time Limits: 15-15-5)  
2022-001688   Isaac D. Brailey, Claimant, Respondent, v. Michelin North America, Inc., (US7), Employer, and Safety National Casualty Corp., Carrier, Petitioners.

Grady Larry Beard and Jasmine Denise Smith, of Columbia, for Petitioner. Stephen Benjamin Samuels, of Samuels Reynolds Law Firm, LLC, of Columbia, for Respondent.

In this workers' compensation case, Isaac Brailey claims he injured his back while working at Michelin. The Workers' Compensation Commission denied his claim for several reasons. The court of appeals reversed. Brailey v. Michelin N. Am., Inc., 438 S.C. 77, 882 S.E.2d 172 (Ct. App. 2022). We granted certiorari to review that decision and determine whether Brailey's claim is barred by the fraud in the application defense, whether it was accidental, and whether his injury was caused by his work.

 11:30 a.m. (Time Limits: 15-15-5)  
2022-001202   Steven M. Bernard and Deborah J. Bernard, on Behalf of Themselves and All Others Similarly Situated, Petitioners, v. 3 Chisolm Street Homeowners Association, Inc., Respondent.

O. Grady Query and Michael W. Sautter, of Query Sautter & Associates, LLC, of Charleston, for Petitioner. Andrew F. Lindemann, of Lindemann Law Firm, PA, of Columbia; and M. Dawes Cooke, Jr., of Barnwell, Whaley, Patterson & Helms, LLC, of Charleston, both for Respondent.

We granted Petitioners' petition for a writ of certiorari to review the court of appeals' decision in Bernard v. 3 Chisolm St. Homeowners Ass'n, Inc., Op. No. 2022-UP-269 (S.C. Ct. App. filed June 22, 2022). The Court will determine whether the court of appeals erred in holding the action is barred by the statute of limitations.

Wednesday, June 19, 2024
 09:30 a.m. (Time Limits: 15-15-5)  
2023-000006   Friends of Gadsden Creek, Appellant, v. South Carolina Department of Health and Environmental Control and WestEdge Foundation, Inc, Respondents.

Benjamin David Cunningham and Lauren Megill Milton, both of South Carolina Environmental Law Project, of Mt. Pleasant, for Appellant. Bradley David Churdar, Bennett W. Smith, and Sara Volk Martinez, of Charleston, for Respondent South Carolina Department of Health and Environmental Control; and Mary Duncan Shahid, Michael Smoak Traynham, and Kirsten Elena Small, of Maynard Nexsen, P.C., all of Charleston, for Respondent WestEdge Foundation, Inc.

This Court granted certiorari to review the Friends of Gadsden Creek's appeal of an order from the administrative law court affirming South Carolina Department of Health and Environmental Control's decisions to issue a permit and certifications allowing commercial development of Gadsden Creek, a tidal creek on the Charleston peninsula, and its surrounding wetlands.

 10:30 a.m. (Time Limits: 15-15-5)  
2023-000166   The State, Respondent, v. Nyquan Tykie Brown, Petitioner.

Appellate Defender Lara Mary Caudy, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown and Assistant Attorney General Julianna E. Battenfield, all of Columbia; and Solicitor William Walter Wilkins, III, of Greenville, all for Respondent.

The Court granted a writ of certiorari to review the court of appeals' decision in State v. Brown, 438 S.C. 146, 881 S.E.2d 771 (Ct. App. 2022).

 11:30 a.m. (Time Limits: 15-15-5)  
2023-000098   Alvetta L. Massenberg, Petitioner, v. Clarendon County Treasurer, Clarendon County Delinquent Tax Collector, Blacktop Ventures, LLC, Respondents.

Albert Peter Shahid, Jr., of Shahid Law Office, LLC; and John M. Bleecker, Jr., of Law Office of John M. Bleecker, Jr., both of Charleston, for Petitioner. Scott Franklin Talley, of Talley Law Firm, P.A., of Spartanburg, for Respondent Blacktop Ventures, LLC. William H. Johnson, of Johnson, Durant & Nester, LLC, of Manning, for Respondents Clarendon County Delinquent Tax Collector and Clarendon County Treasurer.

We granted Alvetta Massenberg's petition for a writ of certiorari to review the decision of the court of appeals in Massenberg v. Clarendon County Treasurer, Op. No. 2022-UP-410 (S.C. Ct. App. filed Nov. 16, 2022). Massenberg argues the tax sale of her real property must be set aside because the notice of levy was not posted in a "conspicuous" place as required by S.C. Code Ann. ยง 12-51-40(c).