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February 2016



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 9, 2016
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2014-001457    CareAlliance Health Services d/b/a Roper St. Francis Healthcare, Respondent, v. South Carolina Department of Revenue, Appellant.

Lauren Acquaviva and Milton Gary Kimpson and both of Columbia, for Appellant. John C. von Lehe, Jr. and Bryson Moore Geer, both of Nelson Mullins Riley & Scarborough, LLP, of Charleston and Raymond P. Carpenter, of Roswell, Georgia, for Respondent.

In this direct appeal, the Court reviews the administrative law court's findings as to applicable sales tax for a hospital in the purchasing of prosthetic devices and whether a prescription is required for sales tax purposes.

10:00 a.m.           (Time Limits: 15-15-5)
2014-000568    The State, Respondent, v. Ronald Lee Legg, Appellant.

Chief Appellate Defender Robert M. Dudek, of Columbia, for Appellant. Attorney General Alan Wilson and Assistant Attorney General Jennifer Ellis Roberts, both of Columbia and Solicitor Jimmy A. Richardson, of Conway, for Respondent.

This case is on direct appeal to the Supreme Court and involves a constitutional issue as well as an evidentiary issue.

Wednesday, February 10, 2016
Supreme Court Courtroom

09:30 a.m.           (Time Limits: 10-10-5)
2015-001100    Roger R. Riemann, Petitioner, v. Palmetto Gems & Gemological Services, Inc. and Thomas Shofner, in his individual capacity, Respondents.

Eugene H. Matthews, Carmen V. Ganjehsani and Sheila M. Bias, all of Richardson, Plowden & Robinson, PA, of Columbia, for Petitioner. Angus H. Macaulay and James A. Byars, both of Nexsen Pruet, LLC, of Columbia, for Respondents.

The Court granted certiorari to review the Court of Appeals' decision in Riemann v. Palmetto Gems & Gemological Servs., Op. No. 2015-UP-107 (S.C. Ct. App. filed Mar. 4, 2015), which reversed the circuit court's order denying Respondents' motion to dismiss and compel arbitration.

10:30 a.m.           (Time Limits: 15-15-5)
2015-000406    Stephen George Brock, Petitioner, v. Town of Mount Pleasant, Respondent.

Robert Clyde Childs, III, of The Childs Law Firm and J. Falkner Wilkes, both of Greenville, for Petitioner. James J. Hinchey, Jr. and Julia P. Copeland, both of Hinchey Murray & Pagliarini, of Charleston, for Respondent.

The Court reviews the court of appeals' decision in Brock v. Town of Mount Pleasant, 411 S.C. 106, 767 S.E.2d 203 (Ct. App. 2014) interpreting the Freedom of Information Act.

11:30 a.m.           (Time Limits: 15-15-5)
2015-001366    Gary Kubic, in his official capacity as County Administrator for Beaufort County, South Carolina, and Dale L. Butts, in his official capacity as Register of Deeds for Beaufort County, South Carolina, Respondents, v. MERSCORP Holdings, Inc., Mortgage Electronic Registrations Systems, Inc., Bank of America, N.A., Deutsche Bank National Trust Company, JPMorgan Chase Bank, N.A., CitiMortgage, Inc., HSBC Bank USA, N.A., HSBC Mortgage Corporation (USA), HSBC Mortgage Services, Inc., South State Bank, Coastal Banking Company, Inc., and Tidelands Bank, Petitioners. __________ 2013-CP-07-1340 __________ Thessa G. Smith, in her official capacity as County Administrator for Allendale County, South Carolina, and Elaine Sabb, in her official capacity as Register of Deeds for Allendale County, South Carolina, Respondents, v. MERSCORP Holdings, Inc., Mortgage Electronic Registrations Systems, Inc., Bank of America, N.A., South State Bank, SunTrust Mortgage, Inc., Branch Banking and Trust Company, Citibank, N.A., Quicken Loans, Inc., Wells Fargo Bank, N.A., Regions Bank, and Green Tree Servicing, LLC, Petitioners. __________ 2014-CP-03-00146 __________ Andrew P. Fulghum, in his official capacity as County Administrator for Jasper County, South Carolina, and Patsye M Greene, in her official capacity as Register of Deeds for Jasper County, South Carolina, Respondents, v. MERSCORP Holdings, Inc., Mortgage Electronic Registrations Systems, Inc., Bank of America, N.A., CitiMortgage, Inc., South State Bank, Nationstar Mortgage, LLC, Wells Fargo Bank, N.A., SunTrust Mortgage, Inc., Branch Banking and Trust Company, 1st Choice Mortgage/Equity Corporation of Lexington, Regions Bank, and Countrywide Home Loans, Inc., Petitioners. __________ 2014-CP-27-00242 __________ Sabrena P. Graham. in her official capacity as County Administrator for Hampton County, South Carolina, and Mylinda Nettles, in her official capacity as Register of Deeds for Hampton County, South Carolina, Respondents, v. MERSCORP Holdings, Inc., Mortgage Electronic Registrations Systems, Inc., Bank of America, N.A., South State Bank, Wells Fargo Bank, N.A., SunTrust Mortgage, Inc., Branch Banking and Trust Company, and Countrywide Home Loans, Inc., Petitioners. __________ 2014-CP-25-00262 __________ Kevin Griffin, in his official capacity as County Administrator for Colleton County, South Carolina, and Debbie Gusler, in her official capacity as Register of Deeds for Colleton County, South Carolina, Respondents, v. MERSCORP Holdings, Inc., Mortgage Electronic Registrations Systems, Inc., Bank of America, N.A., South State Bank, SunTrust Mortgage, Inc., Branch Banking and Trust Company, Countrywide Home Loans, Inc., Citibank, N.A., TD Bank, N.A., Quicken Loans, Inc., and Capital One, N.A., Petitioners. ___________ 2014-CP-15-00650 ___________

Brian P. Crotty and B. Rush Smith, III, both of Nelson Mullins Riley & Scarborough, LLP, of Columbia and J. Edward Bell, III, of Bell Legal Group, of Georgetown, Joseph F. Yenouskas and Thomas M. Hefferon, both of Goodwin Procter, LLP, of Washington, D.C., Robert M. Brochin and Clay M. Carlton, both of Morgan Lewis and Bockius, LLP, , of Miami, Florida, Thomas V. Panoff and Lucia Nale, both of Mayer Brown, LLP, of Chicago, Illinois, Brian A. Herman, of Morgan Lewis and Bockius, of New York, New York, Elizabeth A. Frohlich, of Morgan Lewis and Bockius, of San Francisco, California, C. Pierce Campbell, of Turner Padget Graham and Laney, P.A., of Florence, Robert E. Sumner, IV, of Moore & Van Allen, PLLC, of Charleston, Michael C. Griffin, of Bradley Arant Boult Cummings, LLP, of Charlotte, North Carolina, Wm. Grayson Lambert, of McGuire Woods, LLP, of Charlotte, North Carolina, Tobias G. Ward, and J. Derrick Jackson, both of Tobias G. Ward, P.A., of Columbia, for Petitioners. Antonia T. Lucia, Roberts Vaux and James P. Scheider, Jr., all of Vaux Marscher Berglind, P.A., of Bluffton, for Respondents.

This case arises from a Rule 12(b)(6) motion in a case brought by the county administrators and registers of deeds for five counties and involves the implication of the MERSCORP system on the indexes maintained in those counties.

Cases to be Submitted Without Oral Argument

Russell Earley, Respondent, v. State of South Carolina, Petitioner.

Attorney General Alan M. Wilson, and Assistant Attorney General Daniel Gourley, of Columbia, for Petitioner. Tommy Arthur Thomas, of Columbia, for Respondent.

Jarvis Gibbs, 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 Megan Harrigan Jameson, both of Columbia, for Respondent.

Eddie Pilcher, Petitioner, v. State of South Carolina, Respondent.

Appellate Defender Benjamin John Tripp, of Columbia, for Petitioner. Attorney General Alan M. Wilson and Assistant Attorney General Alicia A. Olive, both of Columbia, for Respondent.