Mosley v. Alston ( 2020 )

THIS OPINION HAS NO PRECEDENTIAL VALUE. IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR. THE STATE OF SOUTH CAROLINA In The Supreme Court Mark C. Mosley, Respondent, v. Christine Alston, Personal Representative of the Estate of Robert Alston, DaVita, Inc. d/b/a DaVita Walterboro Dialysis #3073, DVA Healthcare Renal Care, Inc., DVA Renal Healthcare, Inc., DaVita Healthcare Partners, Inc., and Howard Elj, of which DaVita, Inc., DVA Healthcare Renal Care, Inc., DVA Renal Healthcare, Inc., DaVita Healthcare Partners, Inc., and Howard Elj are Petitioners. Appellate Case No. 2019-001056 Appeal from Hampton County Perry M. Buckner III, Circuit Court Judge Memorandum Opinion No. 2020-MO-010 Heard October 15, 2020 – Filed October 21, 2020 DISMISSED AS IMPROVIDENTLY GRANTED Martin S. Driggers Jr., Richard E. McLawhorn Jr., and Brandon R. Gottschall, all of Sweeny, Wingate, & Barrow, PA, of Hartsville; and James F. Flanagan, of Columbia, all for Petitioners DaVita, Inc., DVA Healthcare Renal Care, Inc., DVA Renal Healthcare, Inc., DaVita Healthcare Partners, Inc., and Howard Elj. John E. Parker, William F. Barnes III, and John E. Parker Jr., all of Peters, Murdaugh, Parker, Eltzroth & Detrick, PA, of Hampton, for Respondent Mark C. Mosley. C. Mitchell Brown, A. Mattison Bogan, and Nicholas A. Charles, all of Nelson Mullins Riley & Scarborough LLP, of Columbia, for Amici Curiae Chamber of Commerce of the United States of America and South Carolina Chamber of Commerce. Wm. Grayson Lambert, of Burr & Forman LLP, of Columbia, for Amici Curiae Columbia Chamber of Commerce and Greater Lexington Chamber and Visitors Center Chambers of Commerce. A. Johnston Cox, of Gallivan, White & Boyd, PA, of Columbia, for Amicus Curiae South Carolina Defense Trial Attorneys' Association. PER CURIAM: We issued a writ of certiorari to review a discovery order dated February 11, 2019. We now dismiss the writ as improvidently granted. DISMISSED AS IMPROVIDENTLY GRANTED. BEATTY, C.J., KITTREDGE, HEARN, FEW and JAMES, JJ., concur.