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South Carolina
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April 2014



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, April 1, 2014
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2012-208487    The State, Respondent, v. Jaquwn Brewer, Appellant.

James A. Brown, Jr., of Law Offices of Jim Brown, P.A., of Beaufort, for Appellant. Attorney General Alan Wilson, Chief Deputy Attorney General John W. McIntosh and Senior Assistant Deputy Attorney General Donald J. Zelenka, all of Columbia, and Solicitor Isaac McDuffie Stone, III, of Bluffton, for Respondent.

In this case, the Court is asked to determine whether law enforcement statements on an audio tape of an interrogation are inadmissible hearsay statements.

10:00 a.m.           (Time Limits: 10-10-5)
2011-197986    Columbia/CSA-HS Greater Columbia Healthcare System, LP d/b/a Providence Hospital, Petitioner, v. The South Carolina Medical Malpractice Liability Joint Underwriting Association and Michael P. Taillon, Respondents.

C. Mitchell Brown, Michael J. Anzelmo and A. Mattison Bogan, all of Nelson Mullins Riley & Scarborough, LLP and Monteith P. Todd, of Sowell Gray Stepp & Laffitte, LLC, all of Columbia, for Petitioner. J. Edward Bradley, of Moore Taylor & Thomas, PA, of West Columbia and Andrew F. Lindeman, of Davidson & Lindemann, PA, of Columbia, for Respondents.

This case raises the issue of whether Section 15-3-545 of the South Carolina Code (2005) bars a claim for equitable indemnification arising from an underlying medical malpractice suit.

10:30 a.m.           (Time Limits: 10-10-5)
2013-000509    Darlene Dean as Personal Representative of the Estate Louise Porter, Respondent, v. Heritage Healthcare of Ridgeway, LLC, Uni-Health Post Acute Care-Tanglewood, LLC and UHS Pruitt Corporation, Appellants.

Joshua S. Whitley and Todd W. Smyth, both of Smyth Whitley, LLC, of Charleston, for Appellants. John D. Kassel and Theile Branham McVey, both of Kassel McVey, of Columbia, and Gerald Jowers, Jr., of Janet, Jenner & Suggs, of Columbia, and Kenneth G. Goode, of Winnsboro, for Respondent.

This case deals with whether the trial court correctly refused to compel arbitration in accordance with the language in a nursing home residency contract.

Wednesday, April 2, 2014
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 15-15-5)
2013-000402    South Carolina Property and Casualty Insurance Guaranty Association, Appellant/Respondent, v. Roger Brock, Ryan Stevens, Malachi Sanders and Health Advantage/BCBS of Arkansas, Defendants, Of Whom Roger Brock is the Respondent/Appellant.

Howard A. Van Dine, III, A. Mattison Bogan, Erik T. Norton and Tara C. Sullivan, all of Nelson Mullins Riley & Scarborough, LLP, of Columbia, for Appellant/Respondent. Andrew D. Gowdown and Timothy J. W. Muller, both of Rosen Rosen & Hagood, LLC, of Charleston, for Respondent/Appellant.

This case concerns whether the South Carolina Property and Casualty Insurance Guaranty Association may offset the limits of other insurance policies pursuant to S.C. Code Ann. Section 38-31-100.

10:00 a.m.           (Time Limits: 15-15-5)
2012-213726    Erika Fabian, Appellant, v. Ross M. Lindsay, III and Lindsay and Lindsay, LLC, Respondents.

Thomas A. Pendarvis and Catherine Brown Kerney, both of Pendarvis Law Offices, PC, of Beaufort and James Matthew Dillon, of Dillon Law Firm, of Mt. Pleasant, for Appellant. Curtis W. Dowling and Matthew Gregory Gerrald, both of Barnes Alford Stork & Johnson, LLP, of Columbia, for Respondents. David A. Merline, Jr., of Merline & Meacham, P.A., of Greenville, for Amicus Curiae, The Greenville Estate Planning Group.

Appellant brought this action for legal malpractice and breach of contract alleging Respondents drafted a trust instrument for her uncle (the decedent) and, as a result of a drafting error, the decedent's intent was defeated and she was disinherited. Appellant appeals from an order dismissing her action and contends South Carolina law should recognize a cause of action by a third-party beneficiary of a will or estate planning document when the error of the drafting lawyer defeats or diminishes the client's intent.

10:30 a.m.           (Time Limits: 10-10-5)
2012-213481    In the Interest of Stephen W., a Juvenile Under the Age of Seventeen, Appellant.

Appellate Defender Robert M. Pachak, of Columbia, for Appellant. Attorney General Alan Wilson and Assistant Attorney General Mark R. Farthing, both of Columbia, for Respondent.

In this case, the Court is asked to determine whether the South Carolina Constitution and United States Constitution guarantee a juvenile a trial by jury in a delinquency hearing.

Thursday, April 3, 2014
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2012-213669    The State, Appellant, v. Alexander Nutt, Respondent.

Solicitor Daniel Edward Johnson and Assistant Solicitor Joseph Yechiel Shenkar, both of Columbia, for Appellant. John A. O'Leary, of O'Leary Associates, P.A., of Columbia, for Respondent.

The issues in this case are whether the circuit court erred in holding Rule 6, SCRCrimP does not apply to conditional discharge and in finding Respondent had not violated the terms of his conditional discharge.

10:00 a.m.           (Time Limits: 15-15-5)
2013-000276    Andreal Holland, Appellant, v. J.C. Witherspoon, Jr. Inc., and A&K Mulch, and Capital City Insurance Company, Respondents.

Thomas K. Fowler, Jr., of Peake & Fowler Law Firm, PA, of Columbia, for Appellant. Mark Davis Cauthen and Peter P. Leventis, IV, both of McKay, Cauthen, Settana & Stubley, PA, of Columbia, for Respondents.

In this workers' compensation case, Appellant argues: (1) S.C. Code Ann. section 42-1-560 is unconstitutional; (2) the trial court erred in holding that Appellant made an election of remedies; (3) the trial court erred in holding that Respondents did not waive the election of remedies defense; (4) the trial court erred in holding that the doctrine of laches did not bar the election of remedies defense; and (5) the trial court erred in holding that equitable estoppel did not bar the election of remedies defense.

10:30 a.m.           (Time Limits: 10-10-5)
2013-000126    South Carolina Department of Revenue, Respondent, v. C&M Market, Appellant.

James Mixon Griffin and Jeffrey Ryan Heiskell, both of Lewis Babcock & Griffin, LLP, of Columbia, for Appellant. Counsel for Litigation, Kathryn R. Brown, Managing Counsel for Litigation, Sean G. Ryan, Chief Counsel for Litigation, Milton Gary Kimpson and General Counsel for Litigation, Harry T. Cooper, Jr., all of Columbia, for Respondent.

This is an appeal from a decsion of the Administrative Law Court revoking appellant's on-premises beer and wine permit for 120 days after two Magic Minute games were seized from appellant's business location.

Tuesday, April 15, 2014
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2012-211266    The State, Petitioner, v. Bentley Collins, Respondent.

Attorney General Alan McCrory Wilson, Chief Deputy Attorney General John W. McIntosh, Senior Assistant Deputy Attorney General Salley W. Elliott, Assistant Attorney General William M. Blitch, Jr., all of Columbia, and Solicitor William Benjamin Rogers, Jr., of Bennettsville, all for Petitioner. Susan Barber Hackett, of Columbia, for Respondent.

Respondent was convicted of involuntary manslaughter and three counts of owning a dangerous animal after a child was attacked and killed by Respondent's dogs. The State appeals from a Court of Appeals decision that reversed Respondent's convictions and sentence based on the admission of autopsy photos of the minor victim at trial.

10:00 a.m.           (Time Limits: 10-10-5)
2012-213239    Town of Hilton Head Island, Respondent, v. Kigre, Inc., Appellant.

Thomas Calvin Taylor, of Hilton Head Island, for Appellant. Gregory Milam Alford, of Alford Law Firm, LLC, of Hilton Head Island, for Respondent.

In this direct appeal, Appellant Kigre, Inc. contends the Town of Hilton Head Island's business license fee ordinance is unenforceable and, alternatively, that Appellant is exempt from payment of such fees on numerous grounds.

10:30 a.m.           (Time Limits: 10-10-5)
2012-213320    Dallas Ferrell, Appellant, v. South Carolina Department of Probation, Parole and Pardon Services, Respondent.

Tommy Arthur Thomas, of Irmo, for Appellant. Assistant General Counsel Tommy Evans, Jr., of South Carolina Department of Probation, Parole and Pardon Services, of Columbia, for Respondent.

This case concerns whether an ALC erred in upholding the South Carolina Department of Probation, Parole and Pardon Services' refusal to schedule a parole hearing for the Appellant due to his waiver of any right to parole in his guilty plea.

Wednesday, April 16, 2014
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 20-20-10)
2013-000529    South Carolina Energy Users Committee, Appellant/Respondent, v. South Carolina Electric and Gas, South Carolina Office of Regulatory Staff and Pamela Greenlaw, Respondents, and Sierra Club, is Respondent/Appellant.

Scott A. Elliott, of Elliott & Elliott, P. A., of Columbia, for Appellant/Respondent. Robert Guild, of Columbia, for Respondent/Appellant. K. Chad Burgess and Matthew W. Gissendanner, both of Cayce, Belton Townsend Zeigler, of Pope Zeigler, LLC, of Columbia, James B. Richardson, Jr., of Columbia, Florence P. Belser, Nanette S. Edwards, Shannon Bowyer Hudson and Jeffrey M. Nelson, all of Columbia, for Respondents.

In this appeal, Appellant-Respondent South Carolina Energy Users Committee and Respondent-Appellant Sierra Club contend that the Public Service Commission erred in granting South Carolina Electric & Gas Company's request for approval for updated capital costs in connection with the construction of a nuclear power plant, pursuant to the Base Load Review Act, South Carolina Code Ann. ยง 58-33-210, et seq.

10:00 a.m.           (Time Limits: 10-10-5)
2012-213385    James Robert Malloy, Plaintiff, v. Swain N. Thompson, Jr., Defendant. In the Matter of: Estate of Robert L. Chamblee. James Robert Malloy, Respondent, v. Swain N. Thompson, Jr., Merrill Lynch, Pierce, Fenner & Smith, Inc., Joseph T. Argo, and Greene and Company, L.L.P., Defendants, Of whom Merrill Lynch, Pierce, Fenner & Smith, Inc. is the Appellant, In the Matter of: Estate of Robert L. Chamblee.

Christopher A. Ogiba and E. Brandon Gaskins, both of Moore & Van Allen, PLLC, of Charleston, Charles B. Goodwin, Tara A. LaClair, Rodney J. Heggy and Mary H. Tolbert, all of Crow & Dunleavy, PC, of Oklahoma City, Oklahoma, for Appellant. James R. Gilreath and William Mitchell Hogan, both of The Gilreath Law Firm, PA, of Greenville, and S. Alan Medlin, of Columbia, for Respondent.

This case concerns whether South Carolina will recognize the tort of interference with and expectancy of inheritance, and whether such a claim is subject to the parties' arbitration agreement.

10:30 a.m.           (Time Limits: 10-10-5)
2012-212655    In the Interest of Kevin R., A Juvenile Under the Age of Seventeen, Appellant.

Appellate Defender Susan Barber Hackett, of Columbia, for Appellant. Attorney General Alan McCrory Wilson and Assistant Attorney General Mark Reynolds Farthing, both of Columbia, for Respondent. John D. Elliott, of Law Offices of John D. Elliott, P.A., of Columbia, John S. Nichols, of Bluestein Nichols Thompson & Delgado, LLC, of Columbia and Bert G. Utsey, III, of Peters, Murdaugh, Parker, Eltzroth & Detrick, P.A., of Walterboro, for Amici Curiae, South Carolina Association for Justice, South Carolina Association of Criminal Defense Lawyers and Lawyers Committee for Children's Rights.

In this case, the Court is asked to decide whether the South Carolina Constitution and the United States Constitution guarantee a juvenile the right to a jury trial in a delinquency hearing.