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Requests for Oral Presentation
and
Petitions for Appeal

October 1, 1998

1.    State of West Virginia v. Clyde J. Hedrick, No. 982035. Bonding company appeals Order that it forfeit $100,000.00 following 37 days absence of criminal defendant from the jurisdiction of the court.
Grant 4-1
[Starcher, J.]

2.    Marguerite L. Price v. Robert Lynn Price, No. 982045. Mother/custodial parent appeals Order in an action seeking to increase the child support award.
Grant 4-1
[Maynard, J.]

3.    State of West Virginia v. Dewaine C. King, No. 982070. Defendant appeals his concurrent sentences of life without mercy for kidnaping and 84 years for aggravated robbery.
Accept

4.    Delores C. Surface v. Harris Brothers Roof, No. 982071. Plaintiff appeals from entry of summary judgment for the defendant in a personal injury action.
Accept

5.    Sherrill G. Rankin v. Joyce Pullen, No. 982074. Plaintiff appeals granting of summary judgment in a personal injury action.
Accept

6.    Cindy Dawn Pauley v. Jeanette L. Gilbert, No. 982090. Defendant appeals jury verdict for plaintiff in a breach of fiduciary duty action.
Refuse 5-0

7.    Cindy Dawn Pauley v. Jeanette L. Gilbert, No. 982415. Plaintiff seeks review of Order denying award of attorney's fees and costs and seeks recalculation of prejudgment interest.
Accept

8.    Patricia G. Anderson v. Ralph E. Wood, M.D., No. 982088. In seeking reimbursement (for benefits paid) from awards or settlements, the DHHR must deduct a portion representing attorney fees. The issue herein is whether the DHHR must also deduct a portion representing litigation costs.
Grant 5-0

9.     State of West Virginia v. John & Nancy Talbert, No. 982112. The petitioners appeal their convictions of cruelty to animals. They were sentenced to 150 days in jail and ordered to pay court costs and restitution.
Refuse 5-0

10.    Patricia A. Mallet v. Selbert Pickens, No. 982013. This appeal concerns the invitee-licensee distinction. The petitioners, although friends of the respondents, were found to be licensees, and their complaint was dismissed upon a motion for summary judgment.
Accept

11.    Johnny Underwood v. Dudley Burgess, No. 982138. The petitioner was allegedly held in the Southern Regional Jail twenty-four days beyond his release date. His civil action in that regard, however, was dismissed upon summary judgment. The petitioner appeals that ruling to this Court.
Refuse 5-0

12.    Tamara L. Sawyers v. Robert L. Jenkins, No. 981403. In this appeal in a personal injury action, the petitioner's assignments of error include a challenge to the trial court's reassembling the jury, after the jury was discharged, for the correction of the verdict.
Accept

13.    City of Morgantown v. Arlie Campbell, No. 982175. The petitioner challenges his misdemeanor conviction of making an illegal left turn.
Refuse 5-0

14.    Rodney E. Smith v. Rick Wilt, No. 982181. The petitioner appeals from an order of the Circuit Court of Monroe County dismissing his complaint concerning the disconnection of his telephone service. The controversy arose when the petitioner declined to pay that portion of his telephone invoices relating to the collection of government fees and taxes.
Refuse 5-0