South Carolina Court of Appeals

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Select the South Carolina Court of Appeals Courtroom I or Courtroom II below to view upcoming cases.

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South Carolina Court of Appeals Courtroom I

 

 

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, February 7, 2023

10:40 a.m.    (Time Limits: 10-10-5)  
2019-001819    Joshua S. Walrath, Respondent, v. Tamara L. Walrath, Appellant.

Thomas Franklin McDow, IV and Erin K Urquhart, both of McDow and Urquhart, LLC, of Rock Hill, for Appellant. James Wilson Tucker, Jr. and George Edgar Anderson, V, both of McKinney Tucker & Lemel, of Rock Hill, for Respondent.

11:20 a.m.    (Time Limits: 10-10-5)  
2019-001909    Stop-A-Minit #17, LLC, Appellant, v. Beck Enterprises, Inc., Respondent.

William H. Edwards, of Moore Bradley Myers Law Firm, of West Columbia, for Appellant. Erick Matthew Barbare, of The Barbare Law Firm, of Mauldin, for Respondent.

 

Thursday, February 9, 2023

10:40 a.m.    (Time Limits: 10-10-5)  
2019-001648    David T. Stokes, Appellant, v. Oconee County, Wayne McCall, and Edda Cammick, Respondents.

Joseph Clay Hopkins, of Charleston, for Appellant. James W. Logan, Jr. and Stacey Todd Coffee, both of Logan & Jolly, LLP, of Anderson, for Respondents Edda Cammick and Oconee County. Roberta Elizabeth Barton, of Roberta Barton Law, Ltd. Co., of Seneca, for Respondents Edda Cammick and Wayne McCall. Stephanie Holmes Burton, of Gibbes Burton, LLC, of Spartanburg, for Respondent Wayne McCall.

In this defamation action, Appellant David T. Stokes seeks review of the circuit court's rulings granting summary judgment to Respondents Wayne McCall and Edda Cammick and denying Stokes's motion to amend his complaint. Stokes also challenges the circuit court's ruling quashing a subpoena Stokes served on the administrator for Respondent Oconee County (the County). Stokes argues that (1) the circuit court erred by granting summary judgment to McCall and Cammick because his complaint included allegations of conduct that fell outside the scope of these council members' official duties, he presented supporting evidence, and therefore, they were not entitled to immunity under the South Carolina Tort Claims Act; (2) the circuit court should have granted Stokes's motion to amend his complaint because the alleged defamatory statements were not material to the purpose of the meeting at which they were made, and therefore, the amendment would not have been futile; and (3) Stokes was entitled to serve a subpoena on the county administrator in his individual capacity because his prior deposition was taken in his capacity as a representative of the County pursuant to Rule 30(b)(6), SCRCP.

11:20 a.m.    (Time Limits: 15-15-5-5)  
2019-001632    In the matter of: Lemuel Whitaker Boykin, II, deceased. Rigdon H. Boykin, as sole disinterested co-Trustee of the Lemuel Whitaker Boykin, II Residuary Trusts A and B, Appellant/Respondent, v. Mary Deas Wortley, individually, as Co-Trustee of the Lemuel Whitaker Boykin, II Residuary Trusts A and B, Co-Trustee of the Lemuel Whitaker Boykin Marital Deduction Trusts A and B, and as Co-Personal Representative of the Estate of Alice S. Boykin; Alice B. Belger, individually, as Co-Trustee of the Lemuel Whitaker Boykin, II Residuary Trusts A and B, and as Co-Personal Representative of the Estate of Alice S. Boykin; Lemuel Whitaker Boykin, III; and May Cantey Boykin, Defendants. of whom Mary Deas Wortley, individually, as Co-Trustee of the Lemuel Whitaker Boykin, II Residuary Trusts A and B, Co-Trustee of the Lemuel Whitaker Boykin Marital Deduction Trusts A and B, and as Co-Personal Representative of the Estate of Alice S. Boykin and Alice B. Belger, individually, as Co-Trustee of the Lemuel Whitaker Boykin, II Residuary Trusts A and B, and as Co-Personal Representative of the Estate of Alice S. Boykin are the Respondents/Appellants, and Lemuel Whitaker Boykin, III and May Cantey Boykin are the Respondents.

Wallace K. Lightsey and Wade Stackhouse Kolb, III, both of Wyche Law Firm, of Greenville, for Appellant-Respondent. William S. Tetterton, of Tetterton Law Firm, LLC, of Camden, for Respondents. Mary Cothonneau Eldridge, of Columbia; and James Y. Becker, of Haynsworth Sinkler Boyd, PA, of Columbia, both for Respondent-Appellants. James Y. Becker, of Haynsworth Sinkler Boyd, PA, of Columbia, for Intervenors. Mary Cothonneau Eldridge, of Columbia, for Intervenor Allie Boykin Belger.

 

Tuesday, February 14, 2023

10:00 a.m.    (Time Limits: 10-10-5)  
2019-001706    Amazon Services, LLC, Appellant, v. South Carolina Department of Revenue, Respondent.

John C. Von Lehe, Jr. and Bryson Moore Geer, both of Nelson Mullins Riley & Scarborough, LLP, of Charleston; Carter G. Phillips, Benjamin J. Razi, and Sean Akins, all of Washington, DC; and Robert N. Hochman and Neil H. Conrad, both of Chicago, IL, all for Appellant. Lauren Acquaviva, of Viva Law Firm, of Charleston; Chad Nicholas Johnston, John William Roberts, and Tracey Colton Green, all of Burr & Forman LLP, of Columbia; and Jason Phillip Luther, of Columbia, all for Respondent.


10:40 a.m.    (Time Limits: 10-10-5)  
2019-001790    Palmetto Pointe at Peas Island Condominium Property Owners Association, Inc. and Jack Love, individually, and on behalf of all others similarly situated, Plaintiffs, v. Island Pointe, LLC; Complete Building Corporation; Tri-County Roofing, Inc.; Creekside, Inc.; American Residential Services, LLC d/b/a ARS/Rescue Rooter Charleston; Andersen Windows, Inc.; Atlantic Building Construction Services, Inc., n/k/a Atlantic Construction Services, Inc.; Builder Services Group, Inc. d/b/a Gale Contractor Services; Novus Architects, Inc., f/k/a SGM Architects, Inc.; Tallent and Sons, Inc.; WC Services, Inc.; CRG Engineering, Inc.; CertainTeed Corporation; Kelly Flooring Products, Inc, d/b/a Carpet Baggers; Cornerstone Construction and Mark Malloy d/b/a Cornerstone Construction; Miracle Siding, LLC and Wilson Lucas Sales d/b/a Miracle LLC; Mark Palpoint a/k/a Micah Palpoint; Elroy Alonzo Vasquez; Chris a/k/a John Doe 61; Alderman Construction; Stanley's Vinyl Fence Designs; Cohen's Drywall Company, Inc.; Mosely Concrete; Hand A Framing Construction, LLC a/k/a H&A Framing Construction, LLC and d/b/a H and A Framing, LLC H&A Construction, and Hand A Construction; JMC Construction, Inc., JMC Construction, LLC, John Doe 1-15, Defendants, of which Palmetto Pointe at Peas Island Condominium Property Owners Association, Inc. and Jack Love, individually, and on behalf of all others similarly situated are the Respondents, and Tri-County Roofing, Inc. is the Appellant.

Christian Stegmaier and James Lloyd Williams, both of Collins & Lacy, PC, of Columbia, for Appellant. Justin O'Toole Lucey, Stephanie D. Drawdy, Anna Scarborough McCann, and Joshua Fletcher Evans, all of Justin O'Toole Lucey, P.A., of Mt. Pleasant; and Edward D. Buckley, Jr., of Clement Rivers, LLP, of Charleston, all for Respondents.

In this condominium construction defect case, subcontractor defendant Tri-County Roofing (TCR), appeals the trial court's decision regarding setoff. TCR contends the trial court erred in not offsetting the amounts of all pretrial and posttrial settlements between the plaintiffs and other defendants apart from those amounts specifically allocated to damages unrelated to TCR's work.

11:20 a.m.    
2021-000173    Denzil W. Miller, Respondent, v. Emily W. Horn and Michael Horn, Appellants, and Denzil W. Miller, Respondent/Intervenor.

 

Wednesday, February 15, 2023

10:40 a.m.    (Time Limits: 10-10-5-5)  
2020-000203    Shannon P. Green and Darrell Russell, Plaintiffs, v. Edward C. McGee and David Hudgins, Respondents, Of whom Shannon P. Green is the Appellant/Respondent And Of whom David Hudgins is the Respondent/Appellant.

Douglas A. Churdar, of Greenville, for Appellant-Respondent. Jessica Waller Laffitte, of Gallivan, White & Boyd, PA, of Columbia; and James Andrew Bradshaw, of White, Davis & White Law Firm, PA, of Anderson, both for Respondent-Appellant. Michael T. Coulter, of Clarkson, Walsh & Coulter, P.A., of Greenville, for Respondent.

11:20 a.m.    (Time Limits: 10-10-5)  
2019-001554    Stewart Buchanan, #69848, Appellant, v. South Carolina Department of Probation, Parole, and Pardon Services, Respondent.

Hannah Lyon Freedman, of Justice 360; and John H. Blume, III, of Law Office of John Blume, both of Columbia, for Appellant. General Counsel Matthew C. Buchanan, of Columbia, for Respondent.

Stuart Buchanan appeals from the order of the Administrative Law Court, which dismissed his appeal of the denial of parole by the South Carolina Department of Probation, Parole, and Pardon (SCDPPPS), arguing (1) SCDPPPS's procedures violated his rights to due process and (2) his forty-seven years of incarceration for a crime he committed as a juvenile constitutes cruel and unusual punishment.

12:00 p.m.    (Time Limits: 10-10-5)  
2019-001747    Jennifer Lauren Greene, Appellant, v. Zachary Daniel Greene, Respondent.

Vanessa Hartman Kormylo, of Vanessa Hartman Kormylo, P.A., and Scarlet Bell Moore, both of Greenville, for Appellant. Kimberly F. Dunham, of Greenville, for Respondent.


Thursday, February 16, 2023

10:40 a.m.    (Time Limits: 10-10-5)  
2018-000464    Jerome Campbell, Petitioner, v. State of South Carolina, Respondent.

Clarence Rauch Wise, of Greenwood, for Petitioner. Samantha Jo Weidauer, of Columbia, for Respondent.

In this post-conviction relief action, Appellant Jerome Campbell seeks review of an order dismissing his claim of ineffective assistance of counsel. Campbell argues that the post-conviction relief court erred in finding that Campbell's trial counsel was not ineffective in failing to object to the circuit court's mutual combat charge.

11:20 a.m.    (Time Limits: 10-10-5)  
2020-000597    CRM of the Carolinas, LLC, Appellant, v. Trevor W. Steel, Respondent.

Joseph Clay Hopkins, of Charleston, for Appellant. Roger Philip Giardino, Jr., of Giardino Law Firm, LLC, of Pawleys Island, for Respondent.

In this breach of contract action, Appellant CRM of the Carolinas, LLC (CRM) appeals an order of the Master-in-Equity favoring Respondent Trevor W. Steel. CRM argues that the master erred by concluding that CRM was not entitled to Steel's repayment of $50,000 he obtained from CRM because Steel failed to remain employed with CRM for three years as required by the clear terms of their contract. CRM also argues that the master erred by denying its request for attorney's fees because the parties' contract clearly required Steel's repayment of $50,000, and therefore, CRM should have been the prevailing party.

South Carolina Court of Appeals Courtroom II

 

 

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.

Wednesday, February 15, 2023

10:00 a.m.    (Time Limits: 10-10-5-5)  
2019-001506    Ex Parte: Trustgard Insurance Company, Appellant-Respondent, In Re: Terence Graham, Plaintiff, v. Full Logistics, Inc., Defendant. Of whom, Terence Graham is the Respondent-Appellant.

Shelley Sunderman Montague and Jessica Waller Laffitte, both of Gallivan, White & Boyd, PA, of Columbia, for Appellant-Respondent. William Franklin Barnes, III, of Barnes Law Firm, LLC, of Hampton; and Brian T. Smith, of Brian T. Smith Law Offices, of Greenville, both for Respondent-Appellant.
 
10:40 a.m.    (Time Limits: 15-15-5)  
2020-000807    Judith and Johnny Briggs, Respondents, v. Shelby Briggs and Alan Bain, Defendants, Of whom Shelby Briggs is the Appellant and Alan Bain is the Respondent.

Michael Benjamin Smith, of Morton & Gettys, LLC, of Rock Hill, for Appellant. Daniel Dominic D'Agostino, of D'Agostino Law Firm, of York, for Respondents Johnny Briggs and Judith Briggs. Melinda Inman Butler, of The Butler Law Firm, of Union, for Respondent Alan Bain.

Shelby Briggs appeals the family court's orders holding her in contempt and denying her motion for reconsideration. On appeal, Briggs argues the family court erred in holding her in contempt for several reasons and erred in awarding Alan Bain attorney's fees.

11:20 a.m.    (Time Limits: 10-10-5)  
2020-000161    David O'Shields, Appellant, v. Piedmont Glass & Mirror Company, Inc., Julie Taylor, David Taylor and Carolina Storefront Systems, Inc., Respondents.

Chelsea Raegan Rikard, of A Business Law Firm, of Spartanburg, for Appellant. Joseph L.V. Johnson, of Saint-Amand Thompson & Mathis, LLC, of Gaffney, for Respondents.

12:00 p.m.    (Time Limits: 10-10-5)  
2019-002006    John Pendarvis and Lawton Drew, Respondents, v. South Carolina Law Enforcement Division and South Carolina Department of Agriculture, Defendants, Of which South Carolina Law Enforcement Division is the Ap
pellant.

Andrew F. Lindemann, of Lindemann & Davis, P.A., and Joel Steve Hughes, of The Law Office of Kenneth E. Berger, LLC, both of Columbia, for Appellant. C. Bradley Hutto, of Williams & Williams, of Orangeburg; and Patrick James McLaughlin, of Wukela Law Office, of Florence, both for Respondent.