Supreme Court of South Carolina

 

Live event will begin  Tuesday, September 24, 2019 at 9:30 AM

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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, September 24, 2019

09:30 a.m.  2018-001238   Winrose Homeowners' Association, Inc. and Regime Solutions LLC, Respondents, v. Devery A. Hale and Tina T. Hale, Petitioners.
Kathleen C. Barnes, of Barnes Law Firm, LLC, of Hampton and Brian L. Boger, of Columbia, for Petitioners. Stephanie C. Trotter, of McCabe, Trotter & Beverly, PC, of Columbia and Eric C. Hale, of Clarkson Law Firm, of Columbia, for Respondents.

The Court granted a writ of certiorari to review the court of appeals' decision in Winrose Homeowners' Ass'n v. Hale, 423 S.C. 220, 813 S.E.2d 894 (Ct. App. 2018).

10:00 a.m. 2018-001435   Philip Ethier and Jeanne Ethier, Petitioners, v. Fairfield Memorial Hospital; Guy R. Bibeau, M.D.; Tuomey Medical Professionals, Inc.; and Pee Dee Emergency Medical Associates, PA, Defendants, Of whom Guy R. Bibeau, M.D. is the Respondent.

Robert David Proffitt and Ronald Brian Cox, both of Proffitt & Cox, LLP, of Columbia, for Petitioners. Andrew F. Lindemann of Lindemann, Davis & Hughes, PA, of Columbia; and Murrell Smith, Jr., and David Cornwell Holler, both of Lee, Erter, Wilson, Holler & Smith, LLC, of Sumter; and Stanley Lamont Myers, Sr., of Moore Taylor Law Firm, PA, of West Columbia, all for Respondent.

We review whether the court of appeals erred in affirming three of the trial court's decisions: 1) in entering a judgment in favor of the defense on a spouse's loss of consortium claim when the directly injured spouse did not recover because the jury found him more at fault, 2) denying a motion for a new trial based on alleged jury concealment during voir dire, and 3) denying a motion for a new trial when a juror purportedly engaged in premature deliberations.

10:30 a.m.  2018-001910   Skydive Myrtle Beach, Inc., Petitioner, v. Horry County, Respondent.

Robert B. Varnado, of Brown & Varnado, LLC, of Mount Pleasant, for Petitioner. Michael Warner Battle, of Battle Law Firm, LLC, of Conway, for Respondent.

The Court granted certiorari to review the court of appeals' decision in Skydive Myrtle Beach, Inc. v. Horry County, 424 S.C. 298, 818 S.E.2d 224 (Ct. App. 2018).

Wednesday, September 25, 2019

09:30 a.m.   2017-001790   Jimmie Aiken, Leila Brown, Vernonda Cohen, Carla David, Anthony Sabb, James Ginn, and Shirley Rice, as named Plaintiffs representing a class of South Carolina citizens, Respondents, v. South Carolina Department of Revenue, Appellant.

General Counsel Jason P. Luther, Counsel for Litigation Dana R. Krajack and Counsel for Litigation Sean G. Ryan, all of Columbia, for Appellant. Robert N. Hill, of Lexington, Mark B. Tinsley, of Gooding & Gooding, PA, of Allendale, Daniel W. Williams of Bedingfield & Williams, LLC, of Barnwell and Charles H. Williams, of Williams & Williams, for Respondents.

This appeal involves two questions. First, does the Department of Revenue's garnishment of Respondents' wages to collect delinquent medical debts on behalf of hospitals constitute a "tax" under section 12-60-80 of the South Carolina Code? Second, does subsection 12-60-80(C) prohibit any class action against the Department? The Court certified this appeal pursuant to Rule 204(b), SCACR.

10:00 a.m.  2018-001866   Verma Tedder, Employee, Claimant, Petitioner, v. Darlington County Community Action Agency, Employer, and State Accident Fund, Carrier, Respondents.

Stephen J. Wukela, of Wukela Law Firm, of Florence, for Petitioner. G. Murrell Smith, Jr., of Lee, Erter, Wilson, Holler & Smith, L.L.C., of Sumter, for Respondents.

The Court granted a writ of certiorari to review the court of appeals' decision in Tedder v. Darlington Cty. Cmty. Action Agency, Op. No. 2018-UP-349 (S.C. Ct. App. filed Aug. 2018).

10:30 a.m. 2018-001986   Frederick Charles Tranfield, Petitioner, v. Lilly Sophia Tranfield, Respondent.

Chris Paton, of Chris Paton, LLC, of Mt. Pleasant and Courtney W. Kerce, of Payne Law Firm, of Daniel Island, for Petitioner. Gregory Samuel Forman, of Charleston, for Respondent.

We granted certiorari to review whether the court of appeals erred in affirming the trial court's decision to award attorney's fees when that award approaches a party's annual income.

Thursday, September 26, 2019

09:30 a.m.   2018-001165   South Carolina Coastal Conservation League and Southern Alliance for Clean Energy, Appellants, v. Dominion Energy South Carolina, Inc., f/k/a South Carolina Electric & Gas Company, CMC Steel South Carolina, South Carolina Energy Users Committee, South Carolina Solar Business Alliance, LLC, Southern Current, LLC and South Carolina Office of Regulatory Staff, Respondents. and South Carolina Solar Business Alliance, LLC, Appellant, v. South Carolina Coastal Conservation League and Southern Alliance for Clean Energy, Dominion Energy South Carolina, Inc., f/k/a South Carolina Electric & Gas Company, CMC Steel South Carolina, South Carolina Energy Users Committee, Southern Current, LLC, and South Carolina Office of Regulatory Staff, of whom Dominion Energy South Carolina, f/k/a South Carolina Electric & Gas Company and South Carolina Office of Regulatory Staff, are Respondents.

James Blanding Holman IV, of Southern Environmental Law Center, of Charleston, Richard L. Whitt, of Whitt Law Firm, LLC, of Irmo and Benjamin L. Snowden, of Kilpatrick Townsend & Stockton LLP, of Raleigh, North Carolina, for Appellants. K. Chad Burgess and Matthew Gissendanner, both of Cayce, Mitchell Willoughby, John M. S. Hoefer and Chad N. Johnston, all of Willoughby & Hoefer, P.A., of Columbia, Alexander George Shissias, of Columbia, Andrew McClendon Bateman and Jenny Rebecca Pittman, both of Columbia, for Respondents. Andrew McClendon Bateman and Jenny Rebecca Pittman, both of Columbia, for Amicus Curiae, South Carolina Office of Regulatory Staff.

In this direct appeal, Appellants appeal an order issued by the Public Service Commission regarding the annual review of the fuel purchasing practices and policies of Dominion Energy, f/k/a South Carolina Electric & Gas Company, pursuant to section 58-27-865 of the South Carolina Code (2015).

10:30 a.m. 2019-000552   Johnny Thomerson, Plaintiff, v. Richard DeVito and Samuel Mullinax, both individually and as Liquidating Shareholder Trustees of Lenco Marine, Defendants.

O. Grady Query, of Query Sautter & Associates, LLC and Dan M. David, both of Charleston, for Plaintiff. Mark W. McKnight, of Charleston and W. Scott Turnbull of Crary Buchanan, P.A., of Stuart, FL, pro hac vice, for Defendants.

The United States District Court for the District of South Carolina has certified a question of law to this Court pursuant to Rule 244, SCACR. Specifically, the District Court asks this Court to determine whether the three-year statute of limitations of S.C. Code. § 15-3-530 applies to claims for promissory estoppel.