CAROLE E. DAMRON SHORTT v. FREDERICK CECIL DAMRON, No. 33185 (STARCHER, J.)(May 11, 2007). Former husband appealed an order of the Circuit Court of Kanawha County that affirmed a family court decision requiring him to pay expenses for the post high school education of his child. Clarifying the relationship between two versions of a statute relating to such orders in syllabus point 2: "W.Va. Code, 48-2-15d [1993] was amended in 1994 (using language now codified at W.Va. Code, 48-11-103(c) [2002]) to authorize courts to vacate the provisions of certain divorce orders entered under the authority of W.Va. Code, 48-2-15d [1993] that required a parent to pay for a child's post-majority college expenses without the agreement of the parent." Holding that the order in question was not subject to vacation, and therefore declining to reach the issue of whether the separation agreement was enforceable.

IN RE: MARRIAGE OF MISTY D.G. v. RODNEY L.F., No. 33226 (Per Curiam)(June 13, 2007). Reversing an order of the Circuit Court of Raleigh County that reversed a family court decision. Holding that the circuit court erred in concluding that the family court improperly considered inadmissible hearsay and expert witness evidence in rendering its decision to modify child custody. Holding that the family court properly admitted certain testimony by a counselor under the medical treatment exception to the hearsay rule, and that other improperly admitted testimony was harmless and did not affect the ultimate outcome. Remanded for reinstatement of family court's decision.

Today I'll be posting the contents of Issue #92 of the opinion summary service. The most recent issue covers the last 45 opinions issued in the January 2007 term of court.