Supreme Court of South Carolina

 

Live event will begin  Wednesday, October 14, 2020 at 10:00 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.

The Supreme Court will be holding Oral Arguments via Webex this month.

Wednesday, October 14, 2020 (Supreme Court Courtroom)

10:00 a.m.
2019-001191   Arthur Eleazer, Respondent, v. Leslie Hughey, Petitioner.

Brett L. Stevens, Stevens Law, LLC and Bryan Caskey, of Caskey & Imgrund, LLC of Columbia, for Petitioner. Kenneth M. Mathews, of Columbia and Katherine Carruth Goode, of Winnsboro, for Respondent.

11:00 a.m. (Time Limits: 10-10-5)  
2017-002576   Mohsen A. Baddourah, as member of the City Council of the City of Columbia, Appellant, v. Henry McMaster, in his capacity as Governor for the State of South Carolina, Respondent.

Tobias G. Ward, Jr., J. Derrick Jackson, Joseph M. McCulloch, Jr. and Kathy R. Schillaci, all of Columbia, for Appellant. Thomas A. Limehouse, Jr., of Office of the Governor, of Columbia, for Respondent.

This Court certified Petitioner's appeal of an order dismissing his complaint, in which he sought a declaration that he was excepted from the Governor's suspension power under Article VI, section 8, of the South Carolina Constitution because (1) as an elected member of the Columbia City Council, he was part of the legislative branch of government, and (2) his alleged offense was not one involving a crime of moral turpitude. Petitioner argues the circuit court erred in finding it lacked jurisdiction to review Respondent's Executive Order suspending him from office because it is a discretionary act and review would violate the separation of powers, in finding Petitioner was not a member of the legislative branch, and in failing to address Petitioner's assertion that domestic violence in the second degree is not a crime of moral turpitude.

12:00 p.m. (Time Limits: 15-15-5)  
2019-000038   Stoneledge at Lake Keowee Owners' Association, Inc.; C. Dan Carson; Jeffrey J. Dauler; Joan W. Davenport; Michael Furnari; Donna Furnari; Jessy B. Grasso; Nancy E. Grasso; Robert P. Hayes; Lucy H. Hayes; Ty Hix; Jennifer D. Hix; Paul W. Hund, III; Ruth E. Isaac; Michael D. Plourde; Mary Lou Plourde; Carol C. Pope; Steven B. Taylor; Bette J. Taylor; and Robert White, Individually and on Behalf of all others similarly situated, Petitioners-Respondents, v. IMK Development Co., LLC; Keowee Townhouses, LLC; Ludwig Corporation, LLC; SDI Funding, LLC; Medallion at Keowee, LLC; Integrys Keowee Development, LLC; Marick Home Builders, LLC; Bostic Brothers Construction, Inc.; Miller/Player & Associates; Bradford D. Seckinger; John Ludwig; William Cox; Larry D. Lollis; Rick Thoennes; M Group Construction and Development; LLC; Mel Morris; Joe Bostic; Jeff Bostic; Clear View Construction, LLC; Michael Franz; MHC Contractors; Miguel Porras Choncoas; Builders First Source-Southeast Group; Mike Green; Southern Concrete Specialties; Carl Compton d/b/a Compton Enterprize a/k/a Compton Enterprises; Gunter Heating & Air; All Pro Heating; A/C & Refrigeration, LLC; Coleman Waterproofing; Heyward Electrical Services, Inc.; Tinsley Electrical, LLC; Hutch N Son Construction, Inc.; Upstate Utilities, Inc.; Southern Basements; Carl Catoe Construction, Inc.; T.G. Construction, LLC; Delfino Construction; Francisco Javier Zarate d/b/a Zarate Construction; Alejandro Avalos Cruz; Herberto Acros Hernandez; Martin Hernandez-Aviles; Francisco Villalobos Lopez; Ambrosio Martinez-Ramirez; Ester Moran Mentado; Socorro Castillo Montel; MJG Construction and Homebuilders, Inc. d/b/a MJG Construction; KMAC of the Carolinas, Inc.; Eufacio Garcia; Everado Jarmamillio; Garcia Parra Insulation, Inc.; J&J Construction; Jose Nino; Jose Manuel Garcia; Eason Construction, Inc.; Vincent Morales d/b/a Morales Masonry and Miller/Player & Associates, Defendants, Of Which Marick Home Builders, LLC and Rick Thoennes are the Respondents-Petitioners.

Robert T. Lyles, Jr., of Lyles & Associates, LLC, of Charleston, for Petitioners-Respondents. Jason M. Imhoff, of The Ward Law Firm, of Spartanburg, for Respondents-Petitioners.

The Court granted cross-petitions for certiorari to review the court of appeals' decision in Stoneledge at Lake Keowee Owners' Association, Inc. v. IMK Development Co., LLC, 425 S.C. 276, 821 S.E.2d 509 (Ct. App. 2018).

 12:00 p.m. (Time Limits: 15-15-5)  
2019-000041   Stoneledge at Lake Keowee Owners' Association, Inc., C. Dan Carson, Jeffrey J. Dauler, Joan W. Davenport, Michael Furnari, Donna Furnari, Jessy B. Grasso, Nancy E. Grasso, Robert P. Hayes, Lucy H. Hayes, Ty Hix, Jennifer D. Hix, Paul W. Hund, III, Ruth E. Isaac, Michael D. Plourde, Mary Lou Plourde, Carol C. Pope, Steven B. Taylor, Bettie J. Taylor, and Robert White, Individually, and on behalf of all others similarly situated, Petitioners-Respondents, v. IMK Development Co., LLC, Larry D. Lollis, William C. Cox, Integrys Keowee Development, LLC, Marick Home Builders, LLC, Bostic Brothers Construction, Inc., Rick Thoennes, Defendants, Of Which Bostic Brothers Construction, Inc. is the Respondent-Petitioner.

Robert T. Lyles, of Lyles & Associates, LLC, of Charleston, for Petitioners-Respondents. Alan R. Belcher, Jr. and Elizabeth F. Wieters, both of Hall Booth Smith, P.C., of Mt. Pleasant and Paul Trainor, of Hall Booth Smith, P.C., of Atlanta, Georgia, for Respondent-Petitioner.

The Court granted cross-petitions for certiorari to review the court of appeals' decision in Stoneledge at Lake Keowee Owners' Association, Inc. v. IMK Development Co., LLC, 425 S.C. 268, 821 S.E.2d 504 (Ct. App. 2018).

Thursday, October 15, 2020 (Supreme Court Courtroom)

10:00 a.m. (Time Limits: 15-15-5)  
2019-001056   Mark C. Mosley, Respondent, v. Christine Alston, Personal Representative of the Estate of Robert Alston, DaVita, Inc. d/b/a DaVita Walterboro Dialysis #3073, DVA Healthcare Renal Care, Inc., DVA Renal Healthcare, Inc. DaVita Healthcare Partners, Inc., and Howard Elj, Of which, DaVita, Inc., DVA Healthcare Renal Care, Inc. DVA Renal Healthcare, Inc., DaVita Healthcare Partners, Inc., and Howard Elj are, Petitioners.

Martin S. Driggers, Jr., Richard E. McLawhorn, Jr., and Brandon R. Gottschall, all of Sweeny, Wingate & Barrow, P.A., of Hartsville. James F. Flanagan, of Columbia, all of petitioners. John E. Parker, William F. Barnes, III and John E. Parker, Jr., all of Peters, Murdaugh, Parker, Eltzroth & Detrick, P.A., all of Hampton for Respondent. A. Johnston Cox, of Gallivan, White & Boyd, of Columbia, for amicus curiae South Carolina Defense Trial Attorneys' Association. C. Mitchell Brown, A. Mattison Bogan and Nicholas A. Charles, all of Nelson Mullins Riley & Scarborough LLP, of Columbia, for amici curiae Chamber of Commerce of the United States of America and South Carolina Chamber of Commerce. Wm. Grayson Lambert, of Burr & Forman LLP, of Columbia, for amici curiae Chambers of Commerce.

The Court granted a common law writ of certiorari to review a discovery order, directing the parties to brief (1) whether the matter involved exceptional circumstances warranting the issuance of a common law writ of certiorari; (2) whether a party must be held in contempt for failure to comply with a discovery order before an appeal may be taken to review the order; and (3) if a contempt order is not required before a discovery order may be reviewed on appeal, what limitations should be placed on the ability to immediately appeal a discovery order.

11:00 a.m. (Time Limits: 10-10-5)  
2019-001016   South Carolina Public Interest Foundation, Amy Hill, and Rebecca Bonnette, Individually, and on behalf of all others similarly situated, Appellants, v. Calhoun County Council, Respondent.

James G. Carpenter, of The Carpenter Law Firm, PC, of Greenville, for Appellants. Robert E. Tyson, Jr. and Benjamin R. Gooding, both of Robinson Gray Stepp & Laffitte, LLC, of Columbia, Charles E. Rhodes, III, R. Patrick Flynn and Michael W. Allen, Jr., all of Pope Flynn Group, of Columbia, for Respondent. General Counsel Joshua C. Rhodes and Senior Staff Attorney John K. DeLoach, both of Columbia, for Amicus Curiae South Carolina Association of Counties.

In this direct appeal, we review the circuit court's decision to grant the County's motion for summary judgment, which found Appellants' claims were barred by the statute of limitations and declined to consider the merits of their claims challenging a county ordinance adopted pursuant to S.C. Code Ann. § 4-10-330 (Supp. 2019).

12:00 p.m.
2019-001601   The State, Respondent, v. Ahshaad Mykiel Owens, Petitioner.

Chief Appellate Defender Robert M. Dudek, of Columbia, for Petitioner. Attorney General Alan Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Attorney General Melody J. Brown, Assistant Attorney General Susannah R. Cole, all of Columbia and Solicitor Scarlett A. Wilson, of Charleston, for Respondent.