TANKOVITS, et al. v. GLESSNER, et al., No. 30028. (Albright, J.)(April 5, 2002).   Reversing orders of the Circuit Court of Ohio County pertaining to a settlement agreement arising from allegations of improper funding and management of a trust.  Holding that the circuit court was without jurisdiction to characterize, for federal income tax purposes, a $900,000 settlement payment.   Expressly declining to address the characterization of such funds due to the exclusive jurisdiction of the federal courts in this area of federal taxation.

NAPIER v. NAPIER, No. 30015 (Davis, C.J.)(April 5, 2002). Reversing an entry of summary judgment of the Circuit Court of Logan County that required removal of a mobile home and dismissed a counterclaim for wrongful eviction.  Holding that a summary eviction proceeding may be brought under W.Va. Code 55-3A-1 et seq., against a person who has been permitted to possess rental property without having to pay rent in any form.  Further holding that the summary judgment order was insufficient in that it failed to set forth sufficient findings that the tenant deliberately or negligently damaged the property or knowingly permitted another person to do so.

RINER, et al. v. NEWBRAUGH, et al., No. 30087 (Albright, J.)(April 5, 2002).  Reversing an order entered in the Circuit Court of Berkeley County that directed the appellants to sign a settlement agreement that differed in substance from the agreement reached as a result of the mediation conference.  Setting forth standard of review and principles to govern the enforceability of settlement agreements reached through court-ordered mediation.

TENNANT, et al. v. SMALLWOOD, No. 30036 (Davis, C.J.)(McGraw, J., dissenting)(Starcher, J., concurring)(April 5, 2002).  Reversing a decision by the Circuit Court of Wetzel County that granted summary judgment in favor of the plaintiff below and permitted the plaintiff to collect UM benefits despite the fact that she had previously recovered proceeds from a policy insuring the defendant below. Holding that where a prior recovery from a defendant's motor vehicle insurance policy satisfies the financial responsibility laws of this State, that defendant is not an uninsured motorist.  Accordingly, the UM provisions of the plaintiff's policy are not applicable.

BD. of ED. of WOOD COUNTY v. AIRHART, et al., No. 30103 (Albright, J.)(McGraw, J., concurring in part and dissenting in part)(April 5, 2002). Reversing an order entered in the Circuit Court of Wood County that reversed a Level IV grivance decision regarding whether employees were entitled to compensation under 240-day annula contracts or 261-day annual contracts.  Holding that the 240-day contract employees are entitled to compensation and benefits under 261-day contract terms, but are not entitled to back pay or retroactive application of the Court's decision.

STATE v. CHESTER CHANZE, No. 29810 (Albright, J.)(Davis, C.J. and Maynard, J., dissenting)(Starcher, J., concurring)(April 5, 2002).  Vacating a conviction for petit larceny obtained after a magistrate jury trial that had been affirmed by the Circuit Court of Marshall County.  Holding that where the electronic record of a magistrate court jury trial is so defective as to prevent meaningful appellate review, and reconstruction of the record is not possible, a defendant is entitled to a new trial by jury in magistrate court.

STATE v. SHAWNA DAWN JAMES, No. 29990 (Per Curiam)(April 5, 2002).
Affirming a conviction for malicious assault obtained in the Circuit Court of Kanawha County.  Rejecting argument that the trial court erred in giving a so-called "missing witness" instruction.