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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.
Thursday, May 9, 2024
10:40 a.m. (Time Limits: 10-10-5)
2019-001570 The State, Respondent, v. Devin Zachary Elijah Ruttle, Appellant.
Christopher Todd Brumback and Spencer Davis Langley, both of Brumback & Langley, LLC, of Greenville, for Appellant. Attorney General Alan McCrory Wilson, Deputy Attorney General Donald J. Zelenka, Senior Assistant Deputy Attorney General Melody Jane Brown, and Julianna E. Battenfield, all of Columbia, for Respondent.
In this criminal proceeding, Devin Z.E. Ruttle, was convicted of murder and unlawful carrying of a handgun at the trial court. On appeal, Ruttle alleges juror bias concealment and abuse of discretion for the trial court's denial of his motion for a new trial on this basis. Ruttle also alleges that the trial court erred in its denial of immunity under the Protection of Persons and Property Act and that the implied malice charge provided to the jury was reversible error when evidence was presented Ruttle acted in self-defense.
11:20 a.m. (Time Limits: 10-10-5)
2022-000897 Crescent Homes SC, LLC, Appellant, v. CJN, LLC, Respondent.
Ellis Reed-Hill Lesemann and Benjamin Houston Joyce, both of Lesemann & Associates LLC, of Charleston, for Appellant. John T. Crawford, Jr. and Francis James Warmoth, both of Kenison Dudley & Crawford, LLC, of Greenville, for Respondent.
Crescent Homes SC, LLC appeals the master-in-equity's determination that a right of first refusal was unenforceable. Crescent Homes asserts there is no pending bona fide offer to purchase the property and thus, the master erred in finding a justiciable controversy. It also contends the master improperly refused to consider evidence of the conduct of the parties. It further maintains the master erred in finding the right of first refusal created an unreasonable restraint on alienation of interest in land based on finding it lacked specific terms. Additionally, it argues the master should have addressed whether the right of first refusal violates the rule against perpetuities and if it determined it did violate it, reformed the provision.
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.
Tuesday, June 4, 2024
10:40 a.m. (Time Limits: 10-10-5)
2022-001587 315 Corley CW LLC; 368 Mount Pelia LLC; Bridge Charleston Investments B LLC; Bridge Charleston Investments C LLC; Bridge Charleston Investments E LLC; Bridge Charleston Investments H LLC; Anne Bosler and Dylan Hart as Trustees of the Bosler-Hart Trust; Geoffrey J. Block; R. Jeffrey Kimball and Deborah S. Kimball; Sebrina Leigh-Jones and Chris Leigh-Jones; Jennifer Albero; Live Oak Assets LLC; Matthew N. Lynch and Barbara A. Lynch; MKM 22 West LLC; One Rumford Lane LLC; Salt Works LLC; and TTJR LLC; individually, derivatively, and as class representatives, as set forth herein, Respondents/Appellants, v. Palmetto Bluff Development, LLC; Palmetto Bluff Club, LLC; Palmetto Bluff Real Estate Company, LLC; PBLH, LLC; Montage Palmetto Bluff, LLC; Palmetto Bluff Preservation Trust, Inc.; Palmetto Bluff Preservation Trust Board of Stewards: Jordan Phillips; Mark Polites; Gray Ferguson; Henry Armistead; South Street Partners, LLC; John Does 1-25, Appellants/Respondents.
Val H. Stieglitz, III, of Maynard Nexsen LLP, of Columbia; Robert Bruce Wallace, of Maynard Nexsen, PC, of Charleston; Kirsten Elena Small, of Maynard Nexsen, PC, of Greenville; and Donald Falk, of San Francisco, CA, all for Appellants-Respondents. Ian S. Ford, Hunter H James, and Ainsley Fisher Tillman, all of Ford Wallace Thomson LLC, of Charleston, for Respondents-Appellants.
11:20 a.m. (Time Limits: 10-10-5)
2022-001665 In the Matter of James Marshall Shoemaker, Jr., James Marshall Shoemaker, III, Appellant, v. Lesley R. Moore, Esq., as Personal Representative and Trustee, and Edward Sloan Shoemaker and Jonathan Evans Shoemaker as Beneficiaries and as Individuals, Respondents. And James Marshall Shoemaker, III, Petitioner/Plaintiff, v. Lesley R. Moore, Esq. as Personal Representative and Trustee, Edward Sloan Shoemaker and Jonathan Evans Shoemaker, Respondents/Defendants.
William R. McKibbon, III, of Greenville, for Appellant. Tyler Earl McLeod and Julia Virginia Hendricks McLeod, both of Brown Massey Evans McLeod & Haynsworth, LLC, of Greenville, for Respondents.