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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 7, 2023
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2022-000887   Travelers Property Casualty Company of America, Plaintiff/Counter Defendant, v. Barbara Hawthorne, as personal representative of the Estate of Nathaniel Hawthorne, Jr., Defendant/Counter Claimant.

Joseph Walker Fulton and Lee Michael Thomas, of Martineau King PLLC, of Rock Hill, for Plaintiff. Richard A. Harpootlian, Phillip Donald Barber, and Andrew R. Hand, of Richard A. Harpootlian, P.A., of Columbia; and Karl B. Allen, of Karl B. Allen Law Firm, LLC, of Greenville, all for Defendant.

The Court will answer the following question certified by the United States District Court for the District of South Carolina: If a law enforcement officer stops a motorist on a public highway, and during that traffic stop directs the motorist to exit his vehicle and to approach the officer's vehicle to provide his vehicle registration card, is the motorist "insured" for purposes of Underinsured Motorist Coverage when he is struck by a passing vehicle on the public highway when standing at the officer's vehicle?

 10:30 a.m. (Time Limits: 15-15-5)  
2021-000643   The State, Respondent-Petitioner, v. Ontavious Derenta Plumer, Petitioner-Respondent.

E. Charles Grose, Jr., of The Grose Law Firm, LLC, of Greenwood, for Petitioner-Respondent. Attorney General Alan McCrory Wilson and Senior Assistant Attorney General Mark Reynolds Farthing, of Columbia; and Solicitor David Matthew Stumbo, of Greenwood, for Respondent-Petitioner.

The trial court declined Ontavious Plumer's request for a jury instruction on the law of self-defense. The jury subsequently found Plumer guilty of attempted murder and possession of a weapon during the commission of a violent crime. Plumer was sentenced to life without parole for attempted murder and a concurrent term of five years' imprisonment for the corresponding weapons offense. The court of appeals affirmed the trial court's denial to instruct the jury on self-defense but vacated Plumer's sentence for the weapons offense. State v. Plumer, 433 S.C. 300, 857 S.E.2d 796 (Ct. App. 2021). We granted Plumer and the State writs of certiorari to review the court of appeals' decision.

Wednesday, March 8, 2023
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2021-001493   The State, Petitioner, v. James Caleb Williams, Respondent.

Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General William M. Blitch, Jr., of Columbia; and Solicitor Ernest Adolphus Finney, III, of Sumter, for Petitioner. Chief Appellate Defender Robert Michael Dudek, of Columbia, for Respondent.

The Court granted a petition for a writ of certiorari to review the decision of the court of appeals in State v. Williams, 435 S.C. 288, 867 S.E.2d 430 (Ct. App. 2021). The Court will consider whether the court of appeals erred in reversing Williams' convictions for attempted murder and possession of a weapon during the commission of a violent crime on the ground that the doctrine of transferred intent does not apply to attempted murder charges.

 10:30 a.m. (Time Limits: 15-15-5)  
2021-001007   The State, Respondent, v. Richard Passio, Jr., Petitioner.

Elizabeth Anne Franklin-Best, of Elizabeth Franklin-Best, P.C., 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 William Joseph Maye, all of Columbia; and Solicitor Isaac McDuffie Stone, of Bluffton, for Respondent.

The Court granted a petition for a writ of certiorari to review the court of appeals' decision in State v. Passio, 433 S.C. 666, 861 S.E.2d 785 (Ct. App. 2021).

 11:30 a.m. (Time Limits: 15-15-5)  
2021-000894   Peter Rice, Respondent, v. John Doe, Petitioner.

Sarah Rand-McDaniel and Seth McDaniel, both of Walker Allen Grice Ammons & Foy, LLP, of Mt. Pleasant, for Petitioner. Sherod Hampton Eadon, III, of Eadon Law, LLC, of Columbia, for Respondent.

The Court granted a petition for a writ of certiorari to review the court of appeals' opinion in Rice v. Doe, No. 2021-UP-229 (S.C. Ct. App. filed June 23, 2021). The Court will decide whether the circuit court improperly overruled a prior circuit court order and whether the witness affidavit required by S.C. Code Ann. ยง 38-77-170 is a condition precedent to maintaining a "John Doe" lawsuit.

Tuesday, March 28, 2023
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2021-001339   Phillip Francis Luke Hughes, on behalf of the Estate of Jane K. Hughes, Petitioner, v. Bank of America National Association, Respondent.

Bradley Davis Hewett and D. Michael Kelly, of Mike Kelly Law Group, LLC; and Jamie Nicole Smith, of South Carolina Human Affairs Commission, all of Columbia, for Petitioner. Robert A. Muckenfuss, of Charlotte, NC; Elizabeth Marion Zwickert Timmermans and Jonathan Y. Ellis, of Raleigh, NC; and Kathryn M. Barber, of Richmond, VA, all of McGuire Woods, LLP, for Respondent.

This Court granted Phillip Hughes's petition for a writ of certiorari to review the court of appeals' decision in Hughes v. Bank of America National Association, Op. No. 2021-UP-341 (S.C. Ct. App. filed Sept. 29, 2021). We will address whether civil claims for fraud should survive the death of the victim.

 10:30 a.m. (Time Limits: 10-10-5)  
2022-000079   Phillip Francis Luke Hughes, on behalf of the Estate of Jane K. Hughes, Petitioner, v. Bank of America National Association, Respondent.

Bradley Davis Hewett and D. Michael Kelly, of Mike Kelly Law Group, LLC; and Jamie Nicole Smith, of South Carolina Human Affairs Commission, all of Columbia, for Petitioner. Robert A. Muckenfuss, of Charlotte, NC and Elizabeth Marion Zwickert Timmermans and Jonathan Y. Ellis, of Raleigh, NC; and Kathryn M. Barber, of Richmond, VA, all of McGuire Woods, LLP, for Respondent.

This Court granted Phillip Hughes's petition for a writ of certiorari to review the court of appeals' decision in Hughes v. Bank of America National Association, Op. No. 2021-UP-354 (S.C. Ct. App. filed Oct. 13, 2021). We will address whether the court of appeals correctly held Bank of America National Association's motion for sanctions was timely.

Wednesday, March 29, 2023
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2021-001042   Hicks Unlimited, Inc., Petitioner, v. UniFirst Corporation, A Massachusetts Corporation, Respondent.

James S. Eakes, of Allen & Eakes, and David James Brousseau, of McIntosh, Sherard, Sullivan & Brousseau, both of Anderson, for Petitioners. Ian Douglas McVey, of Turner Padget Graham & Laney, P.A., of Columbia; and Jude C. Cooper, of Becker & Poliakoff, of Fort Lauderdale, FL, for Respondents.

The Court granted certiorari to determine whether the Court of Appeals erred in remanding a contract dispute between Hicks Unlimited and Unifirst Corporation for arbitration. The question before the Court is whether the contract involves interstate commerce, and therefore, whether the Federal Arbitration Act governs.

 10:30 a.m. (Time Limits: 10-10-5)  
2021-000233   Paul Branco and Branco Investments, Inc., d/b/a Great American Cookie Co., Petitioners, v. Hull Storey Retail Group, LLC and Sumter Mall, LLC, Respondents.

John S. Simmons, of Simmons Law Firm, LLC, of Columbia; and Patrick McFadden Killen, of Sumter, for Petitioners. Miles Edward Coleman, of Nelson Mullins Riley & Scarborough, LLP, of Greenville; and John M. Markwalter, of Hull Property Group, LLC, of Augusta, GA, for Respondents.

We granted a petition for a writ of certiorari to review the decision of the court of appeals in Branco v. Hull Storey Retail Group, LLC, Op. No. 2021-UP-009 (S.C. Ct. App. filed Jan. 13, 2021), which reversed the trial court's judgment for Petitioners on their claim against Respondents for tortious interference with a contract.

Thursday, March 30, 2023
Supreme Court Courtroom
 09:30 a.m. (Time Limits: 15-15-5)  
2022-000463   Daufuskie Island Utility Company, Inc., Appellant, v. South Carolina Office of Regulatory Staff, Haig Point Club and Community Association, Inc., Melrose Property Owner's Association, Inc., Blood Point Property Owner's Association, and Beach Field Properties, LLC, Respondents.

Thomas P. Gressette, Jr. and George Trenholm Walker, of Walker Gressette & Linton, LLC, of Charleston, for Appellant. John Julius Pringle, Jr. and Lyndey Ritz Zwing Bryant, of Adams and Reese, LLP, of Columbia, for Respondents Haig Point Club and Community Association. Andrew McClendon Bateman, Benjamin Parker Mustian and Steven W. Hamm, of Columbia, for Respondent South Carolina Office of Regulatory Staff.

In this direct appeal, appellant Daufuskie Island Utility Co. (DIUC) appeals an order from the Public Service Commission denying DIUC the ability to charge its customers a "reparations surcharge rate."

 10:30 a.m. (Time Limits: 20-20-10)  
2021-000910   The State, Respondent, v. William C. (Billy) Sellers, Petitioner.

Chief Appellate Defender Robert Michael Dudek, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Senior Assistant Attorney General J. Anthony Mabry, all of Columbia; and Solicitor Samuel R. Hubbard, III, of Lexington, all for Respondent.

The Court granted a petition for a writ of certiorari to review the court of appeals' decision in State v. Sellers, Op. No. 2021-UP-254 (S.C. Ct. App. filed July 7, 2021). The Court will review two jury instructions. The first involved the definition of "malice." The second involved the law of "hand of one hand of all."

 

Cases to be Submitted Without Oral Argument

Assistive Technology Medical Equipment Services, LLC, Respondent, v. Hood & Selander, CPAS, LLC; Donna C. Cash, as Personal Representative of the Estate of Dorothy A. Connelly; W.E. Applegate, III, as Personal Representative of the Estate of James B. Connelly, Kimberly Cuce; Phillip DeClemente, Defendants, Of whom Phillip DeClemente is the Petitioner.

Cameron Lee Marshall, of Charleston, for Petitioner. James Emerson Smith, Jr., of James E. Smith Jr., PA; Austin Tyler Reed, Jonathan M. Robinson, Shanon N. Peake and Rachel Elizabeth Lee, all of Smith Robinson Holler Dubose and Morgan, LLC, all of Columbia, for Respondent.