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February 2015



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 3, 2015
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2013-001143    The State, Petitioner, v. Francis Larmand, Respondent.

Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, for Petitioner. C. Rauch Wise, of Greenwood and John Dunlap Rhea, of Fairview, North Carolina, for Respondent.

The Court granted certiorari to review to court of appeals' decision in State v. Larmand, 402 S.C. 184, 739 S.E.2d 898 (Ct. App. 2013).

10:00 a.m.           (Time Limits: 10-10-5)
2013-000800    The Spriggs Group, P.C., Respondent, v. Gene R. Slivka, Petitioner.

Robert T. Lyles, Jr., of Lyles & Lyles, LLC, of Charleston, for Petitioner. James Atkinson Bruorton, IV and Timothy James Wood Muller, both of Rosen Rosen & Hagood, LLC, of Charleston, for Respondent. Lawrence Caldwell Melton and Brian A. Autry, both of Nexsen Pruet, LLC, of Columbia, for Amicus Curiae, South Carolina Chapter of the American Institute of Architects.

The Court granted the petition for writ of certiorari to review the Court of Appeals' decision in The Spriggs Group, P.C. v. Slivka, 402 S.C. 42, 738 S.E.2d 495 (Ct. App. 2013). The issues in this case relate to a dispute between The Spriggs Group and Slivka regarding the provision of architectural services for the design of buildings on Slivka's property.

10:30 a.m.           (Time Limits: 10-10-5)
2013-000417    Latoya Brown, Petitioner, v. Dick Smith Nissan, Inc. and Old Republic Surety Company, Respondents.

William T. Toal, of Johnson Toal & Battiste, PA, of Columbia, for Petitioner. Joseph Gregory Studemeyer, of Columbia, for Respondents.

The Court granted certiorari to review the Court of Appeals' decision in Brown v. Dick Smith Nissan, Inc., Op. No. 2012-UP-688 (S.C. Ct. App. filed Dec. 28, 2012), wherein the court reversed the circuit court's order granting $9,286.00 in damages to Brown. Brown, Petitioner, contends the Court of Appeals omitted a critical fact, contravened established law, and decided the case on a ground not raised by any issue on appeal.

Wednesday, February 4, 2015
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2013-000670    Neshen Mitchell, Individually and as the next friend of her minor child, Hakeem T.M., Petitioner, v. Juan Marruffo, d/b/a Liberty Express, Adrian Moralez, RET Partnership, William T. McQueeney, Carl E. Roberts, Karl R. Henderson, and Steven Parham, Defendants, Of whom RET Partnership, William T. McQueeney, Carl E. Roberts, Karl R. Henderson, and Steven Parham are the, Respondents.

Richard S. Rosen and Andrew D. Gowdown, both of Rosen Rosen & Hagood, LLC, of Charleston and J. Joseph Condon, Jr., of North Charleston, for Petitioner. Samuel R. Clawson, Timothy Alan Domin and Christina R. Fargnoli, all of Clawson & Staubes, LLC, of Charleston, for Respondents.

The Court reviews the decision of the Court of Appeals in Mitchell v. Marruffo, Op. No. 2013-UP-010 (S.C. Ct. App. filed Jan. 9, 2013).

10:00 a.m.           (Time Limits: 10-10-5)
2013-001208    The State, Respondent/Petitioner, v. Roger Bruce, Petitioner/Respondent.

Appellate Defender Robert M. Pachak, of Columbia, for Petitioner/Respondent. Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Donald J. Zelenka and Assistant Attorney General Brendan Jackson McDonald, all of Columbia and Solicitor Edgar Lewis Clements, III, of Florence, for Respondent/Petitioner.

The Court granted cross-petitions for certiorari to review the court of appeals' opinion in State v. Bruce, 402 S.C. 621, 741 S.E.2d 590 (Ct. App. 2013). The State argues the court of appeals erred in holding the trial court did not provide sufficient findings for appellate review for its denial of Bruce's motion to suppress evidence. Bruce argues the court of appeals erred in remanding for additional findings.

10:30 a.m.           (Time Limits: 10-10-5)
2013-000615    The State, Petitioner, v. Christopher Broadnax, Respondent.

Attorney General Alan McCrory Wilson and Assistant Attorney General Mary Shannon Williams, both of Columbia, for Petitioner. Appellate Defender LaNelle Cantey DuRant, of Columbia, for Respondent.

The State contends that the court of appeals erred (1) in holding that armed robbery is not a crime of dishonesty under Rule 609(a)(2), SCRE, and refusing to remand the case to the trial court to conduct a Rule 609 balancing test; (2) and in failing to apply a harmless error analysis.

Thursday, February 5, 2015
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2013-000915    Independence National Bank, Petitioner, v. Buncombe Professional Park, LLC, and David DeCarlis, s/a David D. DeCarlis, Respondents.

D. Sean Faulkner, of Nelson Mullins Riley & Scarborough, LLP, of Greenville, C. Mitchell Brown and Allen Mattison Bogan, both of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Petitioner. Mary Leigh Arnold, of Mt. Pleasant, for Respondents.

The Court granted the petition for a writ of certioari to review the Court of Appeals' decision in Independence Nat'l Bank v. Buncombe Professional Park, L.L.C., 402 S.C. 514, 741 S.E.2d 572. This case is about mortgage priority.

10:00 a.m.           (Time Limits: 15-15-5)
2013-000651    David W. Keller, Respondent, v. ING Financial Partners, Inc., William C. Johnson, Diversified Business Concepts, Inc., and Jackson National Life Insurance Company, Defendants, Of Whom ING Financial Partners, Inc., William C. Johnson, and Diversified Business Concepts, Inc., are, Petitioners.

Ashley Bryan Abel and Thomas Chase Samples, both of Jackson Lewis, P.C., of Greenville, for Petitioners. H. Donald Sellers and J. W. Matthews, III, both of Haynsworth Sinkler Boyd, PA of Greenville, for Respondent. Alice Witherspoon Parham Casey, of Wyche Law Firm of Columbia, for Amicus Curiae, Financial Industry Regulatory Authority, Inc.

The Court granted certiorari to review the Court of Appeals' decision in Keller v. ING Fin. Partners, Inc., Op. No. 2013-UP-014 (S.C. Ct. App. filed Jan. 9, 2013), wherein the Court of Appeals affirmed the circuit court's denial of Petitioners' motion to compel arbitration on the ground the forum specified by the arbitration agreement, the National Association of Securities Dealers (NASD), was unavailable.

10:30 a.m.           (Time Limits: 15-15-5)
2013-001359    Whitney L. Moore, Appellant/Respondent, v. Arthur R. Moore, III, Respondent/Appellant.

Timothy E. Madden and Reid T. Sherard, both of Nelson Mullins Riley & Scarborough, LLP, of Greenville, for Appellant/Respondent. Donald Bruce Clark, of Donald B. Clark, LLC and Margaret D. Fabri, both of Charleston, for Respondent/Appellant.

In this direct appeal from a divorce action, the Court considers both parties' challenges to the family court's valuation and equitable apportionment of the marital estate and wife's challenge to the family court's award of husband's expert fees.

Wednesday, February 18, 2015
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2013-001083    The State, Respondent, v. Demetrius Goodwin, Petitioner.

Appellate Defender LaNelle Cantey DuRant, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General Jennifer Ellis Roberts, of Columbia, for Respondent.

The Court granted certiorari to review the court of appeals' decision in State v. Goodwin, Op. No. 2013-UP-110 (S.C. Ct. App. filed March. 13, 2013), concerning Goodwin's conviction of homicide by child abuse. The issue before the Court is whether the court of appeals erred by affirming the trial court's dismissal of Goodwin's motion for a directed verdict. Specifically, Goodwin alleges the trial court should have granted the motion for directed verdict because the State did not prove he acted with extreme indifference.

10:30 a.m.           (Time Limits: 10-10-5)
2014-001912    In the Matter of Daniel A. Beck, Respondent.

Disciplinary Counsel Lesley M. Coggiola and Deputy Disciplinary Counsel Barbara M. Seymour, both of Columbia, for the Office of Disciplinary Counsel. James K. Holmes, of Steinberg Law Firm, of Charleston, for Respondent.

This is an attorney disciplinary case.

Thursday, February 19, 2015
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 20-20-10)
2012-212048    Magnolia North Property Owners' Association, Inc., Respondent, v. Heritage Communities, Inc., Heritage Magnolia North, Inc., and Buildstar Corporation, Petitioners.

C. Mitchell Brown, William C. Wood, Jr., and Brian Patrick Crotty, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia, William L. Howard, Stephen L. Brown and Jeffrey Wiseman, all of Young Clement Rivers, LLP, of Charleston, for Petitioners. John P. Henry and Philip Coleman Thompson, Sr., both of Thompson & Henry, PA, of Conway, for Respondent.

The Court reviews the decision of the court of appeals' in Magnolia North Property Owners' Association v. Heritage Communities, Inc., 397 S.C. 348, 725 S.E.2d 112 (Ct. App. 2012), regarding the amalgamation of interests theory, the jury instruction on punitive damages, and the directed verdict as to the negligence and implied warranty of workmanlike service claims.

10:00 a.m.           (Time Limits: 20-20-10)
2012-206066    Tony L. Pope and Lynn S. Pope, Individually and Representing as a Class All Unit Owners for Riverwalk At Arrowhead Country Club Horizontal Property Regime, Respondents, v. Heritage Communities, Inc. Heritage Riverwalk, Inc., and Buildstar Corporation, Petitioners. Riverwalk At Arrowhead Country Club Property Owner's Association, Inc., Respondent, v. Heritage Communities, Inc., Heritage Riverwalk, Inc., and Buildstar Corporation, Petitioners.

C. Mitchell Brown, William C. Wood, Jr., Brian P. Crotty and Sue Erwin, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia, William L. Howard, Stephen L. Brown and Russell G. Hines, all of Young Clement Rivers, LLP, of Charleston, for Petitioners. John P. Henry and Philip C. Thompson, both of Thompson & Henry, PA, of Conway, for Respondents.

The Court reviews the decision of the court of appeals' in Pope v. Heritage Communities, Inc., 395 S.C. 404, 717 S.E.2d 765 (Ct. App. 2011), regarding the amalgamation of interests theory and the directed verdict as to the negligence and implied warranty of workmanlike service claims.

10:30 a.m.           (Time Limits: 15-15-5)
2014-001115    Kristin Joseph, P.T., Thomas N. Joseph, M.D., and William G. McCarthy, M.D., Appellants, v. South Carolina Department of Labor, Licensing and Regulation, South Carolina Board of Physical Therapy, Respondents, and South Carolina Chapter, American Physical Therapy Association, Joseph M. McKowen, PT, Sabrina Queen Bridges, PTA, and Amalia W. Kirby, PTA, Respondents.

M. Elizabeth Crum, of McNair Law Firm, P.A., of Columbia, for Appellants. Monteith P. Todd, of Sowell Gray Stepp & Laffitte, L.L.C., of Columbia, S. Jahue Moore and John C. Bradley, Jr., both of Moore Taylor Law Firm, of West Columbia, N. Thomas Connally, III, of Hogan Lovells US LLP, of McLean, Virginia and John R. Devlin, Jr., of Devlin & Parkinson, P.A., of Greenville, for Respondents.

Appellants appeal the circuit court's order granting summary judgment in favor of Respondents. Specifically, Appellants challenge the circuit court's interpretation of section 40-45-110(A)(1) of the South Carolina Code. In support of this challenge, Appellants seek for this Court to overrule its decision in Sloan v. South Carolina Board of Physical Therapy Examiners, 370 S.C. 452, 636 S.E.2d 598 (2006), which holds that section 40-45-110(A)(1) of the Physical Therapy Practice Act prohibits a physical therapist from being employed by and receiving and treating patients referred by a physician or a physician's group.

Cases to be Submitted Without Oral Argument

Tijuan Peake, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender LaNelle Cantey DuRant, of Columbia, for Petitioner. Attorney General Alan Wilson and Assistant Attorney General J. Rutledge Johnson, both of Columbia, for Respondent.