Supreme Court of South Carolina
Event Date and Time: Tuesday, March 27, 2018 at 9:30 AM
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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, March 27, 2018
2016-001300 David M. Repko, Respondent, v. County of Georgetown, Petitioner.
Robert L. Widener, of Columbia and David J. Mills, of Pawleys Island, both of the McNair Law Firm PA, for Petitioner. Stephen L. Goldfinch, Jr., Ryan Patrick Compton and Thomas W. Winslow, all of Goldfinch Winslow, LLC, of Murrells Inlet, for Respondent.
Respondent, the owner of two undeveloped lots in a subdivision, filed a civil action against Petitioner alleging negligence and gross negligence in Petitioner's handling of a financial guarantee posted by the subdivision's developer. The circuit court granted Petitioner's motion for directed verdict. Respondent appealed, and the court of appeals reversed and remanded. Repko v. Cty. of Georgetown, 416 S.C. 22, 785 S.E.2d 376 (Ct. App. 2016). Petitioner filed a petition for a writ of certiorari, which the Court granted to review the court of appeals' decision.
2015-002206 The State, Respondent, v. Timothy Artez Pulley, Appellant.
C. Rauch Wise, of Greenwood, for Appellant. Attorney General Alan M. Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia and Solicitor David M. Stumbo, of Greenwood, for Respondent.
Pursuant to Rule 204(b), SCACR, we certified this appeal to review the circuit court's decision to admit evidence pertaining to appellant's traffic stop. Additionally, the Court considers whether the circuit court erred in failing to require the State to open fully on the law and facts and reply only to arguments of defense counsel. Finally, Appellant asks the Court to consider whether the circuit court erred in charging the jury on constructive possession.
2016-001632 Pavilion Development Corp. & Larry McNair, Appellants, v. Nexsen Pruet, LLC, Respondent, v. DC & Sons, LLC, Counterclaim Defendant.
Andrew K. Epting, Jr., Michelle N. Endemann and Jaan G. Rannik, all of Andrew K. Epting, Jr., LLC, of Charleston and George J. Kefalos, of Charleston, for Appellants. Elizabeth Van Doren Gray,Tina Marie Cundari and Benjamin R. Gooding, all of Sowell Gray Robinson Stepp & Laffitte, LLC of Columbia, for Respondent.
This appeal asks the Court to determine whether the circuit court erred in denying the appellants' motion to amend their complaint.
Wednesday, March 28, 2018
2016-001459 Nationwide Mutual Insurance Company and Gilliam Construction Company Inc., Respondents, v. Eagle Windows & Doors, Inc., Petitioner.
G. Dana Sinkler, of Wadmalaw Island and Ainsley Fisher Tillman, of Charleston, for Petitioner. Jason M. Imhoff and Ginger D. Goforth, both of The Ward Law Firm, of Spartanburg, for Respondents.
The Court reviews the court of appeals' decision concerning two issues: whether Petitioner Eagle Windows & Doors, Inc., was a mere continuation of its bankrupt predecessor corporation, thereby subjecting it to liability for its predecessor's allegedly defective windows; and whether Petitioner abandoned the issue of Respondent Nationwide Mutual Insurance Company's alleged failure to prove a manufacturing or design defect.
2016-001507 Randy Horton, Petitioner, v. Jasper County School District, Respondent.
James Ashley Twombley, of Twenge & Twombley, LLC, of Beaufort, for Petitioner. David T. Duff and David N. Lyon, both of Duff & Childs, L.L.C., of Columbia, for Respondent.
The Court granted Randy Horton's petition for a writ of certiorari to review the court of appeals decision in Randy Horton v. Jasper County School District, Op. No. 2016-UP-151 (S.C. Ct. App. filed Mar. 30, 2016). The issue deals with whether the circuit court awarded an appropriate amount of attorney's fees after Horton won his declaratory judgment action under the South Carolina Freedom of Information Act.
2016-001531 Palmetto Mortuary Transport, Inc., Petitioner, v. Knight Systems, Inc. and Robert L. Knight, Respondents.
John J. Pringle, Jr. and Lyndey Ritz Zwingelberg, both of Adams and Reese LLP, of Columbia, for Petitioner. Reginald I. Lloyd, of the Lloyd Law Firm LLC, of Camden and James Edward Bradley, of Moore Taylor Law Firm, P.A., of West Columbia, for Respondents.
Petitioner brought suit against Respondents alleging Respondents breached an asset purchase agreement executed in connection with the sale of Respondents' mortuary transport business to Petitioner. A special referee found Respondents breached the contract by violating a non-compete covenant and violating an exclusive sales provision in the agreement. Respondents appealed, and the court of appeals reversed and remanded. Palmetto Mortuary Transp., Inc. v. Knight Sys., Inc., 416 S.C. 427, 786 S.E.2d 588 (Ct. App. 2016). Petitioner filed a petition for a writ of certiorari, which the Court granted. Petitioner argues the court of appeals erred in reversing the special referee's decision upholding a non-compete covenant on the ground that the 150-mile territorial restriction was unreasonable.
2015-002360 The State, Respondent, v. Lamar Sequan Brown, Petitioner.
Appellate Defender David Alexander, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General William M. Blitch, Jr., both of Columbia and Solicitor Scarlett Anne Wilson, of Charleston, for Respondent.
The Court considers whether the circuit court properly admitted information acquired from the warrantless search of a cellphone
Thursday, March 29, 2018
2016-001566 In the Matter of the Care and Treatment of Kenneth Campbell, Petitioner.
Appellate Defender Susan Barber Hackett, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Senior Assistant Deputy Attorney General Deborah R.J. Shupe, both of Columbia, for Respondent.
The Court granted Kenneth Campbell's petition for a writ of certiorari to review the court of appeals decision in In re Kenneth Campbell, Op. No. 2016-UP-198 (S.C. Ct. App. filed May 11, 2016). In this appeal, the Court considers whether the court of appeals properly found that Petitioner's Rule 403, SCRE argument was not preserved. Additionally, the Court considers whether the court of appeals correctly affirmed the trial judge's decision to allow the State to impeach Petitioner's expert.
2016-001932 South Carolina Insurance Reserve Fund, Respondent, v. East Richland County Public Service District and Coley Brown, Defendants, Of whom East Richland County Public Service District is the Petitioner, and Coley Brown is a Respondent.
Scott A. Elliott of Elliott & Elliott, P. A. of Columbia, for Petitioner. Andrew F. Lindemann of Davidson & Lindemann, PA, of Columbia and Kenneth Emanuel Berger, of The Law Office of Kenneth E. Berger, LLC, of Columbia, for Respondents.
The Court reviews the court of appeals' decision in South Carolina Insurance Reserve Fund v. East Richland County Public Service District, 417 S.C. 149, 789 S.E.2d 63 (Ct. App. 2016).
2016-001940 Darryl Frierson, Petitioner, v. State of South Carolina, Respondent.
Appellate Defender Kathrine Haggard Hudgins, of Columbia, for Petitioner. Attorney General Alan McCrory Wilson and Assistant Attorney General James Clayton Mitchell, III, all of Columbia, for Respondent.
Petitioner Darryl Frierson contends the court of appeals erred in affirming the PCR court's decision to deny relief when Petitioner pled guilty without knowledge that his plea counsel failed to challenge the placement of a mobile tracking devise on Petitioner's car by the police without an order pursuant to S.C. Code Ann. § 17-30-140, and plea counsel failed to move to suppress any evidence gained as a result of the illegal search.