Supreme Court of South Carolina, 2012

130 opinions

In the Matter of Kay F. PASCHAL, Respondent 2012-01-03
Phillip D. GRIMSLEY, Sr., and Roger M. Jowers, on behalf of themselves and others similarly situated, Appellants, v. SOUTH CAROLINA LAW ENFORCEMENT DIVISION and the State of South Carolina, Defendants, of which the State of South Carolina is the, Respondent 2012-01-03
In the Matter of Richard M. LOVELACE, Jr., Petitioner 2012-01-10
In the Matter of Douglas Francis GAY, Respondent 2012-01-13
In the Matter of Jeffery Glenn SMITH, Respondent 2012-01-13
GRAHAM LAW FIRM, P.A., Appellant, v. Mohamed MAKAWI, Individually and d/b/a International House of Pancakes, and MKKM, Inc., Respondents 2012-01-17
In the Matter of Ivan James TONEY, Respondent 2012-01-17
In the Matter of Allan Riley HOLMES, Jr., Respondent 2012-01-25
In the Matter of Michael James SARRATT, Petitioner 2012-01-26
CAROLINA CHLORIDE, INC., Respondent/Petitioner, v. RICHLAND COUNTY, a South Carolina Political Subdivision, Petitioner/Respondent 2012-01-26
William Barry CHISHOLM, Respondent, v. Susan Elaine CHISHOLM, Petitioner 2012-02-01
In the Matter of Wallace A. MULLINAX, Jr., Respondent 2012-02-01
In the Matter of John Barry KERN, Respondent 2012-02-01
In the Matter of Jennifer Elizabeth MEEHAN, Respondent 2012-02-01
In the Matter of Dannitte Mays DICKEY, Respondent 2012-02-01
Alexander MICHAU, Employee, Claimant, Appellant, v. GEORGETOWN COUNTY, Self-Insured Employer, through, SOUTH CAROLINA COUNTIES WORKERS COMPENSATION TRUST, Defendants, Respondents 2012-02-01
In the Matter of Frederick James NEWTON, Respondent 2012-02-14
In the Matter of William G. MAYER, Respondent 2012-02-15
Robert L. KNIGHT, Appellant, v. Charles P. AUSTIN, Sr., in his capacity as Columbia City Manager, City of Columbia, and Board of Trustees of Firemens Retirement and Pension Fund of the Columbia Fire Department, Respondents 2012-02-22
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Respondent, v. Billy Joe CARTRETTE, Petitioner 2012-02-22
In the Matter of John Barry KERN, Respondent 2012-02-22
In the Matter of Craig J. POFF, Petitioner 2012-02-23
In the Matter of Barton W. FORDHAM, Jr., Respondent 2012-02-27
In the Matter of William R. TAYLOR, Respondent 2012-02-29
The STATE, Respondent, v. John M. STERLING, Jr., Appellant 2012-02-29
In the Matter of Glenn Oliver GRAY, Respondent 2012-02-29
Kristi Glenn McLEOD f/k/a/ Kristi G. Starnes, Appellant, v. Robert Anthony STARNES, Respondent 2012-03-07
Kim MURPHY, Appellant, v. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL and District 5 of Lexington and Richland Counties, Respondents 2012-03-07
In the Matter of C. Kevin MILLER, Respondent 2012-03-07
In the Matter of William H. JORDAN, Respondent 2012-03-07
YELSEN LAND COMPANY, INC., Appellant, v. The STATE of South Carolina and the State Ports Authority, Respondents 2012-03-14
Marcus HYMAN, Petitioner, v. STATE of South Carolina, Respondent 2012-03-14
Osiel Gomez NARCISO, Petitioner, v. STATE of South Carolina, Respondent 2012-03-14
The STATE, Respondent, v. Reginald R. LATIMORE, Petitioner 2012-03-14
In the Matter of Joseph R. NEAL, Jr., Respondent 2012-03-27
The STATE, Respondent, v. Benjamin P. GREEN, Appellant 2012-04-04
Creola YOUNG, Appellant, v. CHARLESTON COUNTY SCHOOL DISTRICT, Respondent 2012-04-04
Robert M. BAYLY, Respondent, v. STATE of South Carolina, Petitioner 2012-04-04
The STATE, Respondent, v. Robert WHITESIDES, Appellant 2012-04-04
SOUTH CAROLINA DEPARTMENT OF REVENUE, Respondent, v. BLUE MOON OF NEWBERRY, INC., d/b/a Blue Moon Sports Bar, Petitioner 2012-04-04
16 JADE STREET, LLC, Respondent/Appellant, v. R. DESIGN CONSTRUCTION CO., LLC, and Carl R. Aten, Jr., Individually and in his capacity as principal and agent of R. Design Construction Co., LLC, Catterson & Sons Construction and Michael S. Catterson, Individually and in his capacity as principal and agent of Catterson & Sons Construction, Defendants, Of whom, Carl R. Aten, Jr., is Appellant; and Michael S. Catterson, Individually and in his capacity as principal and agent of Catterson & Sons Construction, is Respondent, R. Design Construction Co., LLC, Third Party Plaintiffs, v. Kintz Electric, Third Party Defendant 2012-04-04
In the Matter of Thaddaeus T. VIERS, Respondent 2012-04-11
HOOK POINT, LLC, Respondent, v. BRANCH BANKING AND TRUST COMPANY, First Reliance Bank, and Allan Risinger, Defendants, Of Whom Branch Banking and Trust Company is, Appellant 2012-04-11
James Cal BELL, Othella Bernard, Katherina Bower, Linda M.W. Bratton, Ann T. Bridges, Richard M. Cobb, as Personal Representative of the Estate of Rance C. Cobb, Jeannie B. Croxton, Bernetha L. Culbreath, William K. Dreyer, Jacqueline D. Farr, Ruth Fritts, Nancy Glenn, Etta Jane Jones, Geneva M. Martin, Mary H. McCabe, Beverly McClanahan, Max D. Randolph, Carolyn McIver Smith, Maggie G. Williams, and Paula Woodlief, Appellants, v. SOUTH CAROLINA DEPARTMENT OF CORRECTIONS and Palmetto Unified School District No. 1, Respondents 2012-04-11
CITY OF NORTH MYRTLE BEACH, Respondent, v. EAST CHERRY GROVE REALTY CO., LLC, The State of South Carolina, and John Doe, Defendants, Of whom East Cherry Grove Realty Co., LLC is the Appellant, and The State of South Carolina is Respondent 2012-04-11
Marilee B. FAIRCHILD and Larry J. Fairchild, Plaintiffs, Of whom Marilee B. Fairchild is Respondent, v. SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, William Leslie Palmer and Palmer Construction Co., Inc., Defendants, Of whom William Leslie Palmer and Palmer Construction Co., Inc., are Petitioners 2012-04-11
In the Matter of P. Michael DuPREE, Respondent 2012-04-18
In the Matter of Kenneth Gary COOPER, Respondent 2012-04-25
In the Matter of Michael E. ATWATER, Respondent 2012-04-25
Ex parte David G. CANNON, Appellant, v. GEORGIA ATTORNEY GENERALS OFFICE; South Carolina Attorney Generals Office; Terry Brown; Romunzo Brown; Forlando Brown, Darren Lumar, M & T Bank; Tommie Rae Hynie Brown; Stephen L. Slotchiver, the Guardian ad Litem of James B., II; Larry Brown, Daryl Brown, Individually and on behalf of his minor children, Lindsey B. and Janise B.; Vanisha Brown; Deanna J. Brown Thomas, Individually and on behalf of her minor child Jackson B.; Yamma N. Brown Lumar, Individually and on behalf of her minor children, Sydney L. and Carrington L.; Tonya Brown; Robert L. Buchanan, Jr. and Adele J. Pope, as Special Administrators; Albert Dallas and Alfred A. Bradley, as Personal Representatives of the Estate of James Brown, a/k/a James Joseph Brown, Respondents, In re: The Estate of James Brown, a/k/a James Joseph Brown, Respondent 2012-05-02
Evelyn GRIER, as the appointed Personal Representative of the Estate of Willie James Fee, deceased, Appellant, v. AMISUB OF SOUTH CAROLINA, INC., d/b/a Piedmont Medical Center, Respondent 2012-05-02
Michael ANDERSON and Robert Barger, Plaintiffs, v. SOUTH CAROLINA ELECTION COMMISSION; Marci Andino, as Executive Director and as a representative of the South Carolina State Election Commission; South Carolina Democratic Party; Richard A. Harpootlian, as Chair of the Executive Committee of and as a representative of the South Carolina Democratic Party; South Carolina Republican Party; Chad Connelly, as Chair of the Executive Committee of and as a representative of the South Carolina Republican Party; Lexington County Commission of Registration and Elections; Dean Crepes, as Director of and as a representative of the Lexington County Commission of Registration and Elections; Lexington County Democratic Party; Kathy Hensley, as Chair of and as a representative of the Lexington County Democratic Party; Lexington County Republican Party; Steven Isom, as Chair of and a representative of the Executive Committee of the Lexington County Republican Party, Defendants 2012-05-02
In the Matter of Spartanburg County Magistrate Keith Allen SHERLIN, Respondent 2012-05-07
In the Matter of Christopher Blakeslee ROBERTS, Respondent 2012-05-09
Watson William ELDRIDGE IV and Thomas Hadley Eldridge, as Trustees for the Watson William Eldridge, III Revocable Trust, Appellants, v. Frances Ulmer ELDRIDGE, Individually and Frances Ulmer Eldridge as Trustee for the Frances Ulmer Revocable Trust, Respondents 2012-05-09
The STATE, Respondent, v. Jennifer Rayanne DYKES, Appellant 2012-05-09
The STATE, Respondent, v. Zeb Eron BINNARR, Petitioner 2012-05-09
The STATE, Respondent, v. Joey ELLIS, Appellant 2012-05-16
NEELTEC ENTERPRISES, INC., d/b/a Fireworks Supermarket, Petitioner, v. Willard LONG, d/b/a Foxys Fireworks, and d/b/a Fireworks Superstore, Respondent 2012-05-16
Michael Jermaine GOINS, Petitioner, v. STATE of South Carolina, Respondent 2012-05-16
ATLANTIC COAST BUILDERS AND CONTRACTORS, LLC, Respondent, v. Laura LEWIS, Petitioner 2012-05-16
In the Matter of Richard J. BREIBART, Respondent 2012-06-01
FLORENCE COUNTY DEMOCRATIC PARTY; Sheila C. Gallagher, as Chairwoman of and as a Representative of the Florence County Democratic Party, and in her Individual Capacity as a Registered Voter of Florence County, Plaintiffs, v. FLORENCE COUNTY REPUBLICAN PARTY, William Bill Pickle, as Chairman of the Florence County Republican Party and as a Representative of the Florence County Republican Party; Florence County Election Commission, David Alford, as Director of the Florence County Election Commission; South Carolina State Election Commission, Marci Andino, as Executive Director of the South Carolina State Election Commission and as a Representative of the South Carolina Election Commission, Defendants 2012-06-05
The STATE, Respondent, v. Chris Anthony LIVERMAN, Petitioner 2012-06-06
The STATE, Petitioner, v. Jarod Wayne TAPP, Respondent 2012-06-06
In the Matter of Paul ARCHER, Respondent 2012-06-13
In the Matter of Brian Austin KATONAK, Respondent 2012-06-13
NATIONWIDE MUTUAL INSURANCE COMPANY, Petitioner, v. Kelly RHODEN, Ashley Arrieta and Emerlynn Dickey, Respondents 2012-06-13
In the Matter of Jack L. SCHOER, Petitioner 2012-06-14
In the Matter of Fredrick Scott PFEIFFER, Respondent 2012-06-15
The STATE, Respondent, v. Kathy SALLEY, Appellant 2012-06-20
Wayne ARGABRIGHT, Respondent, v. Lisa ARGABRIGHT, Appellant 2012-06-20
In the Matter of the Care and Treatment of Bobbie MANIGO, Petitioner 2012-06-20
In the Matter of Kenneth B. MASSEY, Petitioner 2012-06-21
In the Matter of Howard HAMMER, Respondent 2012-06-22
Richard FREEMANTLE, individually and on behalf of himself and all others similarly situated, Appellant, v. Joe PRESTON, in his official capacity and individually, while Administrator of Anderson County; Anderson County, a political subdivision of the State of South Carolina; Anderson County Council, the Legislative and Executive body of Anderson County; Ron Wilson, in his official capacity and individually; Bill McAbee, in his official capacity and individually; Larry Greer, in his official capacity and individually; Michael Thompson in his official capacity and individually; Gracie Floyd, in her official capacity and individually, Respondents 2012-06-27
In the Matter of Gloria Y. LEEVY, Respondent 2012-06-27
Fred BRADLEY, Respondent, v. BRENTWOOD HOMES, INC., Brentwood Homes-Limehouse, LLC, Brentwood Homes-The Retreat at Johns Island, LLC, Brentwood Homes of South Carolina, Inc., Brentwood Homes of North Carolina, Inc., Brentwood Homes of Myrtle Beach, Inc., Brentwood Homes of Low Country, Inc., Brentwood Homes of Fort Mill, Inc., Brentwood Homes of Beaufort-Bluffton, Inc., Harris Street, LLC, Crescent Homes of SC, Inc., Brentwood Homes Incorporated, a Georgia Corporation, Appellants 2012-07-11
Mark FOUNTAIN, Appellant, v. FIRST RELIANCE BANK, Thomas C. Ewart, and Ernest Pennell, Defendants, of Whom First Reliance Bank and Thomas C. Ewart are, Respondents 2012-07-11
The STATE, Respondent, v. Samuel WHITNER, Appellant 2012-07-11
Brandon BENTLEY, Appellant, v. SPARTANBURG COUNTY, and S.C. Association of Counties SIF, Respondents 2012-07-11
In the Matter of Kenneth C. KRAWCHECK, Respondent 2012-07-13
Aletha M. JOHNSON, Claimant, Respondent, v. RENT-A-CENTER, INC., Employer and Sedgwick CMS, Carrier, Appellants 2012-07-18
In the Matter of Verdell BARR, Respondent 2012-07-18
BAC HOME LOAN SERVICING, L.P., f/k/a Countrywide Home Loan Servicing, L.P., successor in interest to Defendant Mortgage Electronic Registration Systems, Inc., MIN #: 100039032108093192, Appellant, v. Debra KINDER, Personal Representative of the Estate of George William Brelsford, IV a/k/a George W. Brelsford, and Debra Kinder, Personal Representative of the Estate of Patricia M. Brelsford, Respondents 2012-07-25
SOUTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, Respondent, v. Henry KENNEDY, Petitioner 2012-07-25
ADOPTIVE COUPLE, Appellants, v. BABY GIRL, a minor child under the age of fourteen years, Birth Father, and the Cherokee Nation, Respondents 2012-07-26
In the Matter of Shana Denice JONES-BURGESS, Respondent 2012-07-26
In the Matter of Charles Thomas BROOKS, III, Respondent 2012-08-01
In the Matter of Robert E. HEMINGWAY, Sr., Respondent 2012-08-01
Cathy C. BONE, Respondent, v. U.S. FOOD SERVICE and Indemnity Insurance Company of North America, Petitioners 2012-08-01
In the Matter of George E. LAFAYE, III, Respondent 2012-08-01
In the Matter of George Thomas SAMAHA, III, Respondent 2012-08-01
MILLIKEN & COMPANY, Respondent, v. Brian MORIN, Petitioner 2012-08-01
The STATE, Respondent, v. Christopher MANNING, Appellant 2012-08-01
Monica WESTON, Petitioner, v. KIMS DOLLAR STORE and CIBA Vision, a Division of Novartis Company, Respondents 2012-08-08
ALLTEL COMMUNICATIONS, INC., Petitioner, v. SOUTH CAROLINA DEPARTMENT OF REVENUE, Respondent; Alltel Mobile Communications of the Carolinas, Inc., Petitioner, v. South Carolina Department of Revenue, Respondent; New York Newco Subsidiary, Petitioner, v. South Carolina Department of Revenue, Respondent; Telespectrum, Inc., Petitioner, v. South Carolina Department of Revenue, Respondent; 360 Communications Co. of SC No. 1, Petitioner, v. South Carolina Department of Revenue, Respondent; 360 Communications Co. of SC No. 2, Petitioner, v. South Carolina Department of Revenue, Respondent 2012-08-08
Edward MIMS, by and through his legal guardian, Margaret MIMS, Appellant, v. BABCOCK CENTER, INC., Judy Johnson, the South Carolina Department of Disabilities and Special Needs, Kathi Lacy and Stanley Butkus, Respondents 2012-08-15
John DOE, Petitioner, v. STATE of South Carolina, Alan Wilson in his capacity as South Carolina Attorney General, and Mark Keel, in his capacity as Chief of SLED, Respondents 2012-08-15
In the Matter of William Koatesworth SWOPE, Respondent 2012-08-15
RFT Management Co., L.L.C., Appellant, v. TINSLEY & ADAMS L.L.P. and Welborn D. Adams, Individually, Respondents 2012-08-15
DUTCH FORK DEVELOPMENT GROUP II, LLC and Dutch Fork Realty, LLC, Respondents, v. SEL PROPERTIES, LLC and Stephen E. Lipscomb, Defendants, of whom Stephen E. Lipscomb is the, Appellant 2012-08-22
In the Matter of William Ashley BOYD, Respondent 2012-08-29
The STATE, Respondent, v. Anthony GRACELY, Appellant 2012-08-29
In the Matter of Lawrence J. PURVIS, Jr., Respondent 2012-08-29
Michael Joseph FLEMING, Petitioner, v. STATE of South Carolina, Respondent 2012-08-29
ARROW BONDING COMPANY, Respondent, v. Jay Edward WARREN, Appellant 2012-08-29
In the Matter of Christopher Lance SHEEK, Respondent 2012-08-29
Andrew P. BALLARD, Respondent, v. Tim ROBERSON, Rick Thoennes, Rick Thoennes, III, and Warpath Development, Inc., Appellants 2012-08-29
Joetta P. WHITLOCK, Trustee of the Joetta P. Whitlock Trust, Plaintiff, v. STEWART TITLE GUARANTY COMPANY, Defendant 2012-09-12
Stacy W. HOWARD, Appellant, v. SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, Respondent 2012-09-12
Franklin HUTSON, Petitioner, v. SOUTH CAROLINA STATE PORTS AUTHORITY, Employer, and State Accident Fund, Carrier, Respondents 2012-09-19
George TEMPEL, Appellant/Respondent, v. SOUTH CAROLINA STATE ELECTION COMMISSION (Marci Andino, as Executive Director, and Chris Whitmire, as Director of Public Information and Training); South Carolina Republican Party (Matt Moore, as Executive Director, and Chad Connolly, as Chairman); Charleston County Republican Party (Lin Bennett, as Chairman); Charleston County Board of Elections and Voter Registration (Joseph L. Debney, as Director, and Dan Martin, as Chairman); Dorchester County Republican Party (Carroll S. Duncan, Chairman); Dorchester County Board of Elections (Joshua Dickard, as Executive Director); and Paul Thurmond, Defendants, of whom South Carolina Republican Party (Matt Moore, as Executive Director, and Chad Connolly, as Chairman); Charleston County Republican Party (Lin Bennett, as Chairman); Charleston County Board of Elections and Voter Registration (Joseph L. Debney, as Director, and Dan Martin, as Chairman); Dorchester County Republican Party (Carroll S. Duncan, Chairman) are Respondents, and South Carolina State Election Commission (Marci Andino, as Executive Director, and Chris Whitmire, as Director of Public Information and Training), and Paul Thurmond, are Respondents/Appellants 2012-09-20
Larry Gene MOORE, Petitioner, v. STATE of South Carolina, Respondent 2012-09-26
In the Matter of Charles V.B. CUSHMAN, III, Respondent 2012-09-27
Kenneth B. JENKINS, Respondent, v. Benjamin Scott FEW and Few Farms, Inc., Petitioners 2012-10-03
CAROLINA PARK ASSOCIATES, LLC, and Republic-Charleston, LLC, for itself and on behalf of Carolina Park Associates, LLC, Appellants, v. Benedict T. MARINO, Douglas H. Dittrick, John Chalsty, MDC of Charleston, LLC, and CDM of Charleston, LLC, Respondents 2012-10-03
The STATE, Respondent, v. Jason Ervin BLACK, Petitioner 2012-10-03
In the Matter of Eleazer R. CARTER, Respondent 2012-10-10
In the Matter of Patrick James Thomas KELLEY, Respondent 2012-10-10
The STATE, Respondent, v. Gregory DANIELS, Appellant 2012-10-10
M. Lee JENNINGS, Respondent, v. Gail M. JENNINGS, Holly Broome, Brenda Cooke, Individually and BJR International Detective Agency, Inc., of whom Holly Broome is, Petitioner 2012-10-10
HISTORIC CHARLESTON FOUNDATION and Preservation Society of Charleston, Respondents, v. The CITY OF CHARLESTON, The City of Charleston City Council and Library Associates, LLC, Appellants 2012-10-17
SAVANNAH RIVERKEEPER, South Carolina Coastal Conservation League, South Carolina Wildlife Federation, Conservation Voters of South Carolina, and the Savannah River Maritime Commission, Petitioners, v. The SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, Respondent 2012-11-02
Connie CARSON, as Personal Representative of the Estate of Beryl Harvey, Appellant, v. CSX TRANSPORTATION, INC., Respondent 2012-11-07
Clarence RUTLAND, as Personal Representative of the Estate of Tiffanie Rutland, Petitioner, v. SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, Respondent 2012-11-07
In the Matter of Greenwood County Magistrate Walter Rutledge MARTIN, Respondent 2012-11-07
The STATE, Respondent, v. Gene Tony COOPER, Petitioner 2012-11-07
Robert W. OSKIN, Glenn Small, and Freddie Kanos, Appellants, v. Stephen Mark JOHNSON, Michael Brown, Joan Conner Brown and J. Conner, LLC, Respondents 2012-11-07
The SAVANNAH BANK, N.A., Respondent, v. Alphonse STALLIARD; Oldfield Club; and Oldfield Community Association, Inc., Defendants, of whom Alphonse Stalliard is the Appellant 2012-11-07