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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, March 6, 2018
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2016-000738   The State, Respondent, v. David Wilkins Ross, Appellant.

Appellate Defender LaNelle Cantey DuRant, of Columbia, for Appellant. General Counsel Matthew C. Buchanan, of Columbia, for Respondent.

In this appeal from the circuit court, David Wilkins Ross challenges subsection 23-3-540(E) of the South Carolina Code, which requires mandatory GPS monitoring for certain convicted sex offenders, as unconstitutional under the Fourth Amendment.

 10:00 a.m. (Time Limits: 15-15-5)  
2015-001921   Denise Wright, Petitioner, v. PRG Real Estate Management, Inc., Franklin Pineridge Associates, Karen Campbell Individually and in her Representative Capacity as an Agent of PRG Real Estate Management, Respondents.

S. Randall Hood, Jordan C. Calloway and Deborah G. Casey, all of McGowan, Hood & Felder, LLC, of Rock Hill, E. Wayne Ridgeway Jr., of Burris Ridgeway, of Columbia and Gerald Malloy, of Malloy Law Firm, of Hartsville, for Petitioner. Charles A. Kinney and Christian Stegmaier, both of Collins & Lacy, PC, of Columbia, for Respondents.

Petitioner filed suit against Respondents for negligence, violation of implied warranties, and violation of the South Carolina Unfair Trade Practices Act. The circuit court granted summary judgment in Respondents' favor on all claims. Petitioner appealed, and the court of appeals affirmed. Wright v. PRG Real Estate Mgmt., Inc., 413 S.C. 276, 775 S.E.2d 399 (Ct. App. 2015). Petitioner filed a petition for a writ of certiorari, which the Court granted. Petitioner argues the court of appeals erred in failing to apply section 323 of Restatement (Second) of Torts to her allegation that Respondents voluntarily assumed a duty to secure its premises.

 10:30 a.m. (Time Limits: 20-20-10)  
2016-002080   Meredith Huffman, Respondent, v. Sunshine Recycling, LLC and Aiken Electric Cooperative, Inc., Petitioners.

Breon C.M. Walker and Jessica A. Waller, both of Gallivan, White & Boyd, P.A.; and Pope D. Johnson, III, all of Columbia, for Petitioners. Robert F. Goings and Jessica L. Gooding, both of Goings Law Firm, LLC; and J. Todd Rutherford, of The Rutherford Law Firm, LLC, all of Columbia, for Respondent.

Respondent filed a complaint against Petitioners alleging negligence, false imprisonment, and malicious prosecution. The circuit court granted Petitioners' summary judgment motions. Respondent appealed, and the court of appeals reversed and remanded. Huffman v. Sunshine Recycling, LLC, 417 S.C. 514, 790 S.E.2d 401 (Ct. App. 2016). Petitioners filed petitions for writs of certiorari, which the Court granted to review the court of appeals' decision.

Wednesday, March 7, 2018
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2015-002611   James Early Trust, Appellant, v. Charleston County Assessor, Respondent.

George Hamlin O'Kelley, III, of Buist Byars & Taylor, LLC , of Mt. Pleasant, for Appellant. Bernard E. Ferrara, Jr., Joseph Dawson, III, and Johanna Serrano Gardner, all of North Charleston, for Respondent.

This appeal asks the Court to determine whether the South Carolina Administrative Law Court improperly dismissed this action for lack of subject matter jurisdiction, whether the constitutional challenge to the special tax assessment statute is facial or "as applied," and whether a recent amendment to the statute's definition of "a member of my household" violates the appellant's right to due process or equal protection under the United States Constitution and South Carolina Constitution.

 10:00 a.m. (Time Limits: 20-20-10)  
2016-002337   In the Matter of the Estate of Marion M. Kay. Edward D. Sullivan, as Personal Representative of the Estate of Marion M. Kay, Petitioner-Respondent, v. Martha Brown and Mary Moses, Respondents-Petitioners.

Daryl G. Hawkins, of Columbia, for Petitioner-Respondent. John R. Ferguson, of Laurens, for Respondents-Petitioners.

On appeal, the Court reviews the court of appeals' decision involving proper compensation for the personal representative's estate administration efforts.

 10:30 a.m. (Time Limits: 15-15-5)  
2016-000798   Concerned Riverchase Estate Owners, Andrew Dodd, Heather Dodd, and Charles Ratay, Respondents, v. Riverchase Estates Property Owners Association, Inc.; LGI Land SC, LLC; LGI Holdings, LLC; LGI Development, Inc., and Lexon Insurance Company, Inc., Petitioners. AND Concerned Riverchase Estate Owners, Clark, Perry, Elder, and White, Respondents, v. Riverchase Estates Property Owners Association., Inc.; Woodforest Bank, N.A.; LGI Land SC, LLC; and LGI Holdings, LLC; LGI Development, Inc.; and Lexon Insurance Company, Inc., Defendants, Of whom Riverchase Estates Property Owners Association., Inc.; LGI Land SC, LLC; and LGI Holdings, LLC; LGI Development, Inc.; and Lexon Insurance Company, Inc., are the Petitioners.

William Mark White and W. Chaplin Spencer, Jr., of Spencer & Spencer, PA, of Rock Hill, for Petitioner. Leland B. Greeley, of Leland B. Greeley, PA, of Rock Hill; and J. Cameron Halford, of Halford, Niemiec & Freeman, LLP, of Fort Mill, for Respondent.

Concerned Riverchase filed a complaint against Riverchase Estates. Riverchase Estates moved to compel arbitration in either Texas or South Carolina. The circuit court granted the motion, requiring arbitration in South Carolina. Riverchase Estates appealed the order, on the ground the arbitration should be held in Texas. The court of appeals held the order was not appealable for two reasons: (1) Riverchase Estates was not aggrieved, and (2) the circuit court's motion to compel arbitration was not an appealable order. The issues before the court are: (1) is Riverchase Estates an aggrieved party, and (2) is the circuit court's order immediately appealable?

Tuesday, March 27, 2018
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2016-001300   David M. Repko, Respondent, v. County of Georgetown, Petitioner.

Robert L. Widener, of Columbia and David J. Mills, of Pawleys Island, both of the McNair Law Firm PA, for Petitioner. Stephen L. Goldfinch, Jr., Ryan Patrick Compton and Thomas W. Winslow, all of Goldfinch Winslow, LLC, of Murrells Inlet, for Respondent. Robert E. Lyon, Jr. and John K. DeLoache, Sr., for Amicus Curiae, South Carolina Assocation of Counties.

Respondent, the owner of two undeveloped lots in a subdivision, filed a civil action against Petitioner alleging negligence and gross negligence in Petitioner's handling of a financial guarantee posted by the subdivision's developer. The circuit court granted Petitioner's motion for directed verdict. Respondent appealed, and the court of appeals reversed and remanded. Repko v. Cty. of Georgetown, 416 S.C. 22, 785 S.E.2d 376 (Ct. App. 2016). Petitioner filed a petition for a writ of certiorari, which the Court granted to review the court of appeals' decision.

 10:00 a.m. (Time Limits: 15-15-5)  
2015-002206   The State, Respondent, v. Timothy Artez Pulley, Appellant.

C. Rauch Wise, of Greenwood, for Appellant. Attorney General Alan M. Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia and Solicitor David M. Stumbo, of Greenwood, for Respondent.

Pursuant to Rule 204(b), SCACR, we certified this appeal to review the circuit court's decision to admit evidence pertaining to appellant's traffic stop. Additionally, the Court considers whether the circuit court erred in failing to require the State to open fully on the law and facts and reply only to arguments of defense counsel. Finally, Appellant asks the Court to consider whether the circuit court erred in charging the jury on constructive possession.

 10:30 a.m. (Time Limits: 10-10-5)  
2016-001632   Pavilion Development Corp. & Larry McNair, Appellants, v. Nexsen Pruet, LLC, Respondent, v. DC & Sons, LLC, Counterclaim Defendant.

Andrew K. Epting, Jr., Jaan G. Rannik, Michelle N. Endemann and George J. Kefalos, all of Charleston, for Appellants. Elizabeth Van Doren Gray,Tina Marie Cundari and Benjamin R. Gooding, all of Sowell Gray Robinson Stepp & Laffitte, LLC of Columbia, for Respondent.

This appeal asks the Court to determine whether the circuit court erred in denying the appellants' motion to amend their complaint.

Wednesday, March 28, 2018
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2016-001459   Nationwide Mutual Insurance Company and Gilliam Construction Company Inc., Respondents, v. Eagle Window & Doors Manufacturing, Inc., Petitioner.

G. Dana Sinkler, of Wadmalaw Island and Ainsley Fisher Tillman, of Charleston, for Petitioner. Jason M. Imhoff and Ginger D. Goforth, both of The Ward Law Firm, of Spartanburg, for Respondents.

The Court reviews the court of appeals' decision concerning two issues: whether Petitioner Eagle Windows & Doors, Inc., was a mere continuation of its bankrupt predecessor corporation, thereby subjecting it to liability for its predecessor's allegedly defective windows; and whether Petitioner abandoned the issue of Respondent Nationwide Mutual Insurance Company's alleged failure to prove a manufacturing or design defect.

 10:00 a.m. (Time Limits: 15-15-5)  
2016-001507   Randy Horton, Petitioner, v. Jasper County School District, Respondent.

James Ashley Twombley, of Twenge & Twombley, Law Firm, of Beaufort, for Petitioner. David T. Duff and David N. Lyon, both of Duff & Childs, LLC, of Columbia, for Respondent.

The Court granted Randy Horton's petition for a writ of certiorari to review the court of appeals decision in Randy Horton v. Jasper County School District, Op. No. 2016-UP-151 (S.C. Ct. App. filed Mar. 30, 2016). The issue deals with whether the circuit court awarded an appropriate amount of attorney's fees after Horton won his declaratory judgment action under the South Carolina Freedom of Information Act.

 10:30 a.m. (Time Limits: 15-15-5)  
2016-001531   Palmetto Mortuary Transport, Inc., Petitioner, v. Knight Systems, Inc. and Robert L. Knight, Respondents.

John J. Pringle, Jr. and Lyndey Ritz Zwingelberg, both of Adams and Reese LLP, of Columbia, for Petitioner. Reginald I. Lloyd, of the Lloyd Law Firm LLC, of Camden and James Edward Bradley, of Moore Taylor Law Firm, P.A., of West Columbia, for Respondents.

Petitioner brought suit against Respondents alleging Respondents breached an asset purchase agreement executed in connection with the sale of Respondents' mortuary transport business to Petitioner. A special referee found Respondents breached the contract by violating a non-compete covenant and violating an exclusive sales provision in the agreement. Respondents appealed, and the court of appeals reversed and remanded. Palmetto Mortuary Transp., Inc. v. Knight Sys., Inc., 416 S.C. 427, 786 S.E.2d 588 (Ct. App. 2016). Petitioner filed a petition for a writ of certiorari, which the Court granted. Petitioner argues the court of appeals erred in reversing the special referee's decision upholding a non-compete covenant on the ground that the 150-mile territorial restriction was unreasonable.

 11:00 a.m. (Time Limits: 15-15-5)  
2015-002360   The State, Respondent, v. Lamar Sequan Brown, Petitioner.

Appellate Defender David Alexander, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia and Solicitor Scarlett Anne Wilson, of Charleston, all for Respondent.

The Court considers whether the circuit court properly admitted information acquired from the warrantless search of a cellphone

Thursday, March 29, 2018
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 10-10-5)  
2016-001566   In the Matter of the Care and Treatment of Kenneth Campbell, Petitioner.

Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, for Respondent.

The Court granted Kenneth Campbell's petition for a writ of certiorari to review the court of appeals decision in In re Kenneth Campbell, Op. No. 2016-UP-198 (S.C. Ct. App. filed May 11, 2016). In this appeal, the Court considers whether the court of appeals properly found that Petitioner's Rule 403, SCRE argument was not preserved. Additionally, the Court considers whether the court of appeals correctly affirmed the trial judge's decision to allow the State to impeach Petitioner's expert.

 10:00 a.m. (Time Limits: 10-10-5)  
2016-001940   Darryl Frierson, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General James Clayton Mitchell, III, all of Columbia, for Respondent.

Petitioner Darryl Frierson contends the court of appeals erred in affirming the PCR court's decision to deny relief when Petitioner pled guilty without knowledge that his plea counsel failed to challenge the placement of a mobile tracking device on Petitioner's car by the police without an order pursuant to S.C. Code Ann. ยง 17-30-140, and plea counsel failed to move to suppress any evidence gained as a result of the illegal search.