Supreme Court Seal South Carolina
Judicial Department
Site Map

September 2017



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, September 6, 2017
Supreme Court Courtroom

11:00 a.m.           (Time Limits: 10-10-5)
2017-000273    In the Matter of Joel F. Geer, Respondent.

Disciplinary Counsel Lesley M. Coggiola, of Columbia, for the Office of Disciplinary Counsel. Joel F. Geer, of Greenville, pro se Respondent.

This is an attorney disciplinary matter.

Wednesday, September 27, 2017
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 20-20-10)
2016-000707    Kiawah Development Partners, II, Respondent, v. South Carolina Department of Health and Environmental Control, Appellant, and South Carolina Coastal Conservation League, Appellant, v. South Carolina Department of Health and Environmental Control, and Kiawah Development Partners, II, of whom South Carolina Department of Health and Environmental Control is, Appellant, and Kiawah Development Partners, II, is Respondent.

Amy E. Armstrong, of Pawleys Island, Robert T. Bockman, of Columbia and Bradley D. Churdar, of Charleston, for Appellants. G. Trenholm Walker and Thomas P. Gressette, Jr., both of Walker Gressette Freeman & Linton, LLC, of Charleston, for Respondent.

The Court reviews an order from the administrative law court authorizing the construction of a bulkhead and revetment along Captain Sam's Spit on Kiawah Island.

10:00 a.m.           (Time Limits: 15-15-5)
2015-001554    U.S. Bank National Association Successor trustee to LaSalle Bank National Association, as trustee under the Pooling and Servicing Agreement, dated as of April 1, 2002, among Asset Backed Funding Corporation, Litton Loan Servicing, LP and LaSalle Bank National Association, ABFC Asset Backed Certificates, Series 2002-SB-1, Respondent, v. Kelley Burr, FIA Card Services, N.A.; Discovery Bank, Issuer of the Discover Card; Unifund CCR Partners, Defendants, Of whom Kelley Burr is the Petitioner.

Andrew Sims Radeker, of Harrison & Radeker, P.A., of Columbia, for Petitioner. Jennifer H. Thiem and Tara C. Sullivan, both of K&L Gates LLP, of Charleston, for Respondent.

U.S. Bank brought a foreclosure action against Kelley Burr. Burr answered and brought a number of counterclaims against U.S. Bank. Relying on Rule 41(b), Rule 12(c), and Rule 12(f) of the South Carolina Rules of Civil Procedure, the trial court granted U.S. Bank's motion to dismiss Burr's counterclaims and strike Burr's affirmative defenses. Burr appealed to the court of appeals, which affirmed the trial court's decision in an unpublished opinion. U.S. Bank Nat'l Ass'n v. Burr, Op. No. 2015-UP-091 (S.C. Ct. App. filed Feb. 25, 2015). The Court granted Burr's petition for a writ of certiorari.

10:30 a.m.           (Time Limits: 15-15-5)
2016-000791    The State, Petitioner, v. David Zackary Ledford, Respondent.

Attorney General Alan Wilson and Senior Assistant Deputy Attorney General J. Benjamin Aplin, both of Columbia, and Solicitor David M. Stumbo, of Greenwood, for Petitioner. C. Rauch Wise, of Greenwood, for Respondent.

The State appealed the trial court's decision to give Respondent's requested jury charge prior to the trial court charging the jury. The court of appeals granted Respondent's motion to dismiss the appeal as interlocutory. The Court granted the State's petition for a writ of certiorari.

Thursday, September 28, 2017
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 15-15-5)
2015-002131    Long Grove at Seaside Farms, LLC; The Beach Company; and Gulfstream Construction Company, Inc., Respondents, v. Long Grove Property Owners' Association, Inc.; Vista Realty Partners, LLC; and Long Grove Vista, LLC; Of Whom Long Grove Property Owners' Association, Inc. is Petitioner. Long Grove Property Owners' Association, Inc., Third-Party Plaintiffs, v. James, Harwick & Partners, Inc., n/k/a JHP Architecture/Urban Design, P.C.; Sam Mayo, d/b/a SCM Construction, Inc.; Essex Engineering Corporation, Third-Party Defendants, Of Whom James, Harwick & Partners, Inc., n/k/a JHP Architecture/Urban Design, P.C., is Respondent.

George E. Mullen and Lauren Mullen Thomas, both of Mullen Wylie, LLC, of Hilton Head Island, for Petitioner. David J. Parrish and Stephen P. Groves, Sr., both of Nexsen Pruet, LLC, of Charleston and James Lynn Werner, of Columbia and Laura F. Locklair, of Charleston, both of Parker Poe Adams & Bernstein, LLP, for Respondents.

The Court granted certiorari to review the Court of Appeals' opinion in Long Grove at Seaside Farms, LLC v. Long Grove Property Owners' Association, Inc., 2015 WL 4571546 (Ct. App. July 29, 2015).

10:00 a.m.           (Time Limits: 15-15-5)
2016-002398    Theodore G. Hartsock, Jr., as Personal Representative of the Estate of Sarah Mills Hartsock (Estate of Sarah Mills Hartsock), Plaintiff-Respondent, v. Goodyear Dunlop Tires North America Ltd., a foreign corporation; Goodyear Tire & Rubber Company, a foreign corporation, Defendants-Appellants.

Wallace K. Lightsey, of Wyche, P.A., of Greenville; M. Gary Toole, of McDonald Toole & Wiggins, P.A., of Orlando, Fla.; and E. Duncan Getchell, Jr., and Michael H. Brady, of McGuireWoods LLP, of Richmond, Va., for Defendants-Appellants. Mark C. Tanenbaum and Mia Lauren Maness, of Mark C. Tanenbaum, P.A., of Mt. Pleasant, for Plaintiff-Respondent. Debora B. Alsup, of Thompson & Knight LLP, of Austin, TX, for Amicus Curiae, Rubber Manufacturers Association. Hannah Rogers Metcalfe, of Metcalfe & Atkinson, LLC, of Greenville, for Amicus Curiae, South Carolina Association for Justice.

The United States Court of Appeals for the Fourth Circuit asks the Court to determine whether South Carolina recognizes an evidentiary privilege for trade secrets.

Cases to be Submitted Without Oral Argument

Jason Sanford, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General Lindsey A. McCallister, both of Columbia, for Respondent.

Jerod Keykendall Harris, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender John Harrison Strom, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General Valerie Garcia Giovanoli, both of Columbia, for Respondent.

Keith Antravus DeSue, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Lara Mary Caudy, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General DeShawn Herman Mitchell, both of Columbia, for Respondent.

Brandon Garren, Respondent, v. State of South Carolina, Petitioner.

Attorney General Alan M. Wilson and Assistant Attorney General Ruston Wesley Neely , both of Columbia, for Petitioner. Appellate Defender David Alexander, of Columbia, for Respondent.