2019-000238: Case View

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Case Information: 2019-000238
Court:	Supreme Court	Classification:	Appeal - Common Pleas - Other
Short Title:	Ex Parte: Builders Mutual (In Re: Palmetto Pointe v. Island Pointe)	Case Status:	Remittitur
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Consolidated:

Filed Date:	02/19/2019	Oral Argument Date:	02/11/2020 10:00 AM
Disposition Date:	05/13/2020	Disposition Type:	Opinion
Remittitur Date:	08/31/2020
Lower Court or Tribunal:	Charleston (2015CP1000955)

- Party Information
Appellate Role	Party Name	Former	Attorney(s)
Appellant	Builders Mutual Insurance Company	N	John Lucius McCants
Appellant	FCCI Insurance Company	Y	W. James Flynn (Former)
Appellant	Nationwide Mutual Fire Insurance Company	Y	John Robert Murphy (Former) Timothy J. Newton (Former)
Appellant	Nationwide Mutual Insurance Company	N	John Robert Murphy Timothy J. Newton
Appellant	Nautilus Insurance Company	Y	Janice Holmes (Former) Shelley Sunderman Montague (Former)
Respondent	Jack Love	N	Justin O'Toole Lucey Stephanie D. Drawdy Joshua Fletcher Evans Edward D. Buckley, Jr.
Respondent	Palmetto Pointe at Peas Island Condominium Property Owners Association, Inc.	N	Justin O'Toole Lucey Stephanie D. Drawdy Joshua Fletcher Evans Edward D. Buckley, Jr.
Respondent	Stanley's Vinyl Fence Designs	Y	George Troy Thames (Former)
Respondent	Tri-County Roofing, Inc.	N	Steven L. Smith Zachary James Closser Samuel Melvil Wheeler
Respondent	W C Services, Inc.	N	James A. Atkins
Other Participants
Amicus Curiae	Hartford Fire Ins, Co. & Hartford Casualty Co.	N	Mark Steven Barrow Christy Elizabeth Mahon Steven M. Klepper
Amicus Curiae	The South Carolina Association for Justice	N	Frank L. Eppes Jesse A. Kirchner Michael A. Timbes Thomas J. Rode

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Event Information
Filed Date	Event Information	Doc
08/31/2020	Correspondence - Outgoing (mailed remittitur)
08/31/2020	Remittitur - Remittitur Sent
08/31/2020	Rehearing - No Petition for Rehearing Filed - Remittitur to be Sent
08/12/2020	Correspondence - Outgoing (mailed Order granting Petition for Rehearing and Re-Filed Opinion)
08/12/2020	Rehearing - Granted with Re-Filed Opinion
07/02/2020	Rehearing - Consolidated Reply to Return's to Petition for Rehearing
06/25/2020	Rehearing - Return - Builders Mutual
06/24/2020	Correspondence - Incoming letter enclosing filing fee for Motion to Consolidate
06/22/2020	Correspondence - Outgoing (mailed Order granting Motion to File a Consolidated Reply)
06/22/2020	Non-Dispositional Decision - Order granting Motion to File a Consolidated Reply
06/22/2020	Correspondence - Incoming e-mail from counsel advising they have obtained consent of counsel for Nationwide and Builders Mutual
06/19/2020	Motion - Respondent's Motion to File a Consolidated Brief (Reply to Returns' to Petition for Rehearing)
06/16/2020	Rehearing - Return - Nationwide Mutual
05/29/2020	Correspondence - Outgoing E-MAILED REQUEST TO COUNSEL REQUESTING A RETURN TO THE PETITION FOR REHEARING
05/28/2020	Rehearing - Petition for Rehearing
05/13/2020	Correspondence - Outgoing (mailed opinion)
05/13/2020	Dispositional Decision - Opinion
03/02/2020	Brief - Amicus Reply
02/21/2020	Correspondence - Outgoing (extension order)
02/21/2020	Non-Dispositional Decision - Extension Granted - Builder's Mutual reply to amicus curiae brief due March 2, 2020.
02/20/2020	Brief - Amicus Reply - Palmetto Pointe and Jack Love
02/20/2020	Brief - Amicus Reply - Nationwide
02/18/2020	Motion - Extension of Time (1st) to serve and file reply to amicus curiae brief
02/13/2020	Correspondence - Incoming letter addressed to the Court of Appeals and received via interagency mail.
02/11/2020	Oral Argument - Oral Argument Held
02/11/2020	Correspondence - Outgoing (mailed order granting amicus curiae motion)
02/11/2020	Correspondence - Outgoing (mailed Order denying Motion by Hartford to present argument as amicus curiae)
02/10/2020	Non-Dispositional Decision - Order granting amicus curiae motion on behalf of The South Carolina Association for Justice.
02/10/2020	Non-Dispositional Decision - Order - Motion by Hartford to present argument as amicus curiae is denied.
02/10/2020	Correspondence - Incoming letter from counsel for Tri-County Roofing
02/10/2020	Motion - Return to Motion of Hartford to Present Argument as Amicus Curiae
02/10/2020	Motion of Hartford to Present Argument as Amicus Curiae
02/10/2020	Correspondence - Outgoing (mailed letter addressed to counsel for respondents advising of adjustment to time limits for oral arguments).
02/10/2020	Brief - Amicus - The SC Association for Justice
02/10/2020	Motion - Appear as Amicus Curiae - The SC Association for Justice
02/07/2020	Correspondence - Incoming letter request from counsel for respondents requesting an additional (5) minutes to present oral argument.
02/05/2020	Correspondence - Outgoing (Letter advising counsel of adjusted time limits for oral arguments on behalf of appellants, Builders Mutual and Nationwide).
01/30/2020	Correspondence - Incoming letter from counsel for Nationwide requesting additional time to present oral arguments and split the time with counsel for Builders Mutual.
01/21/2020	Correspondence - Outgoing Letter -Notify Counsel of Argument Time Limits
12/04/2019	Final Brief - Briefing and Record Complete
11/27/2019	Final Brief - Respondents - Palmetto Pointe and Jack Love
11/26/2019	Final Brief - Amicus Reply
11/26/2019	Final Brief - Reply - Builders Mutual Insurance Company to Palmetto Pointe
11/26/2019	Final Brief - Reply - Builders Mutual Insurance Company to Tri-County Roofing
11/26/2019	Final Brief - Appellant - Builders Mutual Insurance Company
11/26/2019	Record - Record on Appeal Filed
11/25/2019	Final Brief - Respondent - Tri-County Roofing
11/25/2019	Final Brief - Reply - Nationwide Mutual Insurance
11/25/2019	Final Brief - Appellant - Nationwide Mutual Insurance
11/22/2019	Record - Appendix to the Record on Appeal
11/08/2019	Record - Proof of Service of Record on Appeal
10/21/2019	Initial Brief - Initial Briefing Complete
10/21/2019	Initial Brief - Reply (Nationwide Mutual)
10/18/2019	Initial Brief - Reply (Builders Mutual)
10/11/2019	Brief - Amicus Reply (Palmetto Pointe and Jack Love)
10/11/2019	Brief - Amicus Reply (Builders Mutual)
10/11/2019	Designation of Matter - Respondent's Designation of Matter Filed (Palmetto Pointe and Jack Love)
10/11/2019	Initial Brief - Respondent (Palmetto Pointe and Jack Love)
10/07/2019	Motion - Return to Motion for Clarification
10/07/2019	Correspondence - Outgoing (Order Denying Motion to Dismiss Appeal of Nationwide, etc)
10/07/2019	Non-Dispositional Decision - Order denying Motion to Dismiss Appeal of Nationwide Mutual Insurance Company and advising parties of time limits pursuant to Motion for Clarification.
10/02/2019	Initial Brief - Reply
09/27/2019	Motion for Clarification - Appellant Nationwide Mutual's Motion for Clarification to Preserve It's Right to Respond
09/27/2019	Correspondence - Incoming from counsel for Nationwide Mutual Insurance Co. advising Court of developments which affect their pending appeal
09/26/2019	Correspondence - Outgoing (Order granting Motion to Appear as Amicus Curiae)
09/26/2019	Non-Dispositional Decision - Order granting Motion to Appear as Amicus Curiae
09/17/2019	Non-Dispositional Decision - Extension Granted (1st)(Reply Brief)
09/17/2019	Non-Dispositional Decision - Order
09/16/2019	Motion - Return
09/16/2019	Motion - Amended Extension of Time (1st)
09/16/2019	Motion - Extension of Time (1st)(Reply Brief)
09/13/2019	Motion - Extension of Time (1st)
09/13/2019	Initial Brief - Respondent (Tri-County Roofing, Inc.)
09/10/2019	Non-Dispositional Decision - Order Granting Pro Hac Vice
09/06/2019	Brief - Amicus - Hartford
09/06/2019	Motion - Appear as Amicus Curiae - Hartford
09/05/2019	Correspondence - Incoming (From Bar Admissions)
09/05/2019	Motion - Appear Pro Hac Vice
08/28/2019	Correspondence - Outgoing (Partial Remittitur)
08/09/2019	Correspondence - Outgoing (Order Only)
08/09/2019	Non-Dispositional Decision - Extension Granted (2nd) (Tri-County Roofing)
08/09/2019	Motion - Extension of Time (2nd) (Tri-County Roofing)
08/07/2019	Correspondence - Outgoing (Order Granting Motion to Withdraw)
08/07/2019	Non-Dispositional Decision - Order Granting Motion to Withdraw
07/25/2019	Motion - No Reply
07/18/2019	Motion - Return to Motion to Dismiss or Hold in Abeyance Appeal of Nationwide Mutual Insurance Company
07/17/2019	Correspondence - Outgoing (Partial Remittitur)
07/17/2019	Correspondence - Outgoing (Order Only)(Tri-County)
07/17/2019	Non-Dispositional Decision - Extension Granted (1st)(Tri-County Roofing)
07/15/2019	Motion - Motion to Dismiss or Hold in Abeyance Appeal of Nationwide Mutual Insurance Company
07/15/2019	Correspondence - Outgoing (Order Only)(Palmetto Pointe)
07/15/2019	Non-Dispositional Decision - Extension Granted (1st)(Palmetto Pointe and Jack Love)
07/12/2019	Motion - Extension of Time (1st)(Palmetto Pointe and Jack Love)
07/12/2019	Motion - Extension of Time (1st)(Tri-County Roofing, Inc.)
07/10/2019	Motion - Withdraw Appeal (Appellant Nationwide Mutual Fire Insurance Company)
07/10/2019	Correspondence - Outgoing (Partial Remittitur)(FCCI)
06/27/2019	Non-Dispositional Decision - Withdrawn (Appellant Nautilus Insurance Company)
06/26/2019	Motion - Withdraw Appeal (Appellant Nautilus Insurance Company)
06/24/2019	Correspondence - Outgoing (Order Only)
06/24/2019	Non-Dispositional Decision - Withdrawn (Appellant FCCI Insurance Company)
06/24/2019	Motion - Withdraw Appeal (Appellant FCCI Insurance Company)
06/18/2019	Correspondence - Outgoing (extension order)
06/18/2019	Non-Dispositional Decision - Extension Granted (Nautilus Insurance) until July 5, 2019 to serve and file initial brief of appellant and designation of matter.
06/18/2019	Correspondence - Outgoing (extension order)
06/18/2019	Non-Dispositional Decision - Extension Granted (Nationwide Mutual Fire) until July 5, 2019 to serve and file initial brief of appellant and designation of matter.
06/14/2019	Motion - Extension of Time (2nd)(On behalf of Nationwide Mutual Fire Insurance Company pending settlement documents)
06/14/2019	Motion - Extension of Time (2nd)(On behalf of Nautilus Insurance pending receipt of settlement documents)
06/14/2019	Designation of Matter - Designation of Matter Filed
06/14/2019	Initial Brief - Appellant (Builders Mutual Insurance Company)
06/13/2019	Designation of Matter - Designation of Matter Filed
06/13/2019	Initial Brief - Appellant (Nationwide Mutual Insurance Company)
06/04/2019	Correspondence - Outgoing (Notice of Appeal Initial Letter - 5th NOA)
05/31/2019	Transfer - To Supreme Court
05/22/2019	Non-Dispositional Decision - Extension Granted (All Appellants' Initial Briefs)
05/14/2019	Motion - Extension of Time (1st - Appellant Nautilus Insurance Company's Initial Brief)
05/14/2019	Motion - Extension of Time (1st - Appellant Nationwide Mutual Insurance Company's Initial Brief)
05/14/2019	Motion - Extension of Time (1st - Appellant Nationwide Mutual Fire Insurance Company's Initial Brief)
05/14/2019	Non-Dispositional Decision - Extension Granted (Appellant's Initial Brief of Builders Mutual Insurance Company)
05/14/2019	Transcript Documents - Transcript Ordered
05/13/2019	Motion - Extension of Time (1st - Appellant's Initial Brief of Builders Mutual Insurance Company)
05/07/2019	Motion - Respondents' Return to Nationwide Appellants' Petitions for review of Circuit Court Order Lifting Stay
05/02/2019	Motion - Respondents' Return to Appellant Nautilus Insurance Company's Petition for Review of Circuit Court Order Lifting Stay
05/01/2019	Non-Dispositional Decision - Order (Motions to Stay, Petitions for Review, and Motions to Dismiss)
05/01/2019	Motion - Respondents' Response in Opposition to Nationwide Appellants' Petitions for Review of Circuit Court Order Lifting Stay
04/30/2019	Notice of Appeal (Civil) - Fifth
04/30/2019	Motion - Respondents' Return to Petition of Appellant Builders Mutual Insurance Company for Review of Circuit Court Order Lifting Stay And/or Cross-Motion to Dismiss Appeal, Grant Limited Remand, or Otherwise Confirm that Trial May Proceed as Scheduled
04/30/2019	Motion - Respondents' Return to Petition of Appellant Builders Mutual Insurance Company for Review of Circuit Court Order Lifting Stay AND/OR Cross-Motion to Dismiss Appeal
04/29/2019	Correspondence - Outgoing requesting expedited returns
04/29/2019	Appellant Nationwide Mutual Insurance Company's Petition for Review
04/29/2019	Appellant Nationwide Mutual Fire Insurance Company's Petition for Review
04/29/2019	Motion - Appellant Nautilus Insurance Company's Petition for Expedited Review of Order Lifting Stay
04/26/2019	Motion - Stay / Supersedeas (including lifting of automatic stay)
04/16/2019	Transcript Documents - Transcript Delivered - Direct Appeal
03/20/2019	Correspondence - Incoming (Copy of Motion to Transfer to Supreme Court)
03/20/2019	Correspondence - Incoming (Copy of Motion to Transfer to Supreme Court)
03/08/2019	Correspondence - Incoming (Copy of Motion to Transfer Filed in Supreme Court)
03/07/2019	Correspondence - Incoming letter enclosing correct filing fees for Notices of Appeal.
03/06/2019	Deficiency - Deficiency Letter Sent (Notice of Appeal (Civil) - Fourth)
03/06/2019	Deficiency - Deficiency Letter Sent (Notice of Appeal (Civil) - Third)
03/06/2019	Correspondence - Outgoing (Letter - Notice of Appeal Initial Letter - Multiple Notices Received Letter)
02/27/2019	Correspondence - Incoming (Copy of Motion to Certify Filed in the Supreme Court)
02/25/2019	Transcript Documents - Transcript Ordered
02/22/2019	Notice of Appeal (Civil) - Fourth
02/22/2019	Notice of Appeal (Civil) - Third
02/22/2019	Correspondence - Outgoing (Letter - Notice of Appeal Initial Letter)
02/20/2019	Notice of Appeal (Civil) - Second
02/19/2019	Notice of Appeal (Civil) - Initial