Supreme Court of Appeals of West Virginia

 Gavel3.gif (863 bytes)     Argument Docket     Gavel.gif (863 bytes)

January 26, 1999

1. Nathan Peters, et al. v. County Commission of Wood County - 25354 - Appeal of the dismissal of claims challenging executive sessions and unnoticed meetings of the Wood County Commission as violations of the Open Governmental Proceedings Act. 

2.  State of West Virginia v. Clyde J. Hedrick, et al. - 25360 - Bonding company appeals order that it forfeit $100,000.00 following 37 days absence of criminal defendant from the jurisdiction of the court.

3. Elaine M. Runner(formerly Howell) v. Eric Mark Howell, et al. - 25342 -  The Child Support Enforcement Division appeals an Agreed Order terminating a father's parental rights and waiving his obligation to pay past, present and future child support. 

4.   Kay K. Meadows v. Wal-Mart Stores, Inc. - 25325 - Plaintiff appeals from entry of summary judgment for defendant in a Wage Payment and Collection Act matter.
Beverly Judy and Karen Austin v. Sheetz Corporation - 25326 - Plaintiffs, former employees of Sheetz, appeal the circuit court's decision finding that the West Virginia Wage Payment and Collection Act does not require payment for accrued (1) vacation days and (2) personal leave days upon separation from employment.
Christine Remsberg, Sandra Sakl, Pattie Bostic and Michelle Harrison v. Kmart Corporation -25327 - Plaintiffs, former employees of Kmart, appeal the circuit court's decision finding that the West Virginia Wage Payment and Collection Act does not require "accrual" of fringe benefits, such as a vacation benefit.
Elizabeth Besaw Hutzler and Contessa Besaw Vanorsdale v. Easton Molding Corp. - 25328 - Employees appeal a circuit court's decision finding that the West Virginia Wage Payment and Collection Act does not require the payment of vacation when an employee is laid off.
H. Vance Stewart v. Waco Equipment Co., dba Waco Scaffolding & Equipment - 25329 - Employer appeals a circuit court's decision finding that the West Virginia Wage Payment and Collection Act requires the payment of accrued sick days when an employee is laid off. Employee was awarded $7,642.56 for accrued sick leave and $6,033.60 for liquidated damages, reasonable attorney fees, interest and costs.
These cases consolidated for purposes of oral argument.

5. Lucille Robertson and Kelly Gloeckler v. Opequon Motors, Inc. and Ellen Parsons - 25331 - Employer appeals a decision finding liability under the West Virginia Wage Payment and Collection Act. A directed verdict was granted to the employees on three counts, and the jury returned a verdict for the employees on two counts.

6.  Kinsey Martin Howell v. Appalachian Energy, Inc., Westar Energy, Inc., and Pentex Energy, Inc., AND Charles E. and Julie J. Tomes v. Doran & Associates, Inc., Westar Energy, Inc., and Pentex Energy, Inc. - 25334 - Companies/lessees appeal the circuit court's order finding that certain oil and gas leases were abandoned.

7.  John G. Bartley, et al., dba Panhandle Athletic Club v. D.M. Morgan Jr., Inc. et al. - 25337 - This is an appeal from a summary judgment denying insurance coverage for property damage allegedly caused by blasting, where the insurance company submitted the opinion of an engineering expert, and the petitioners submitted the affidavit of one of the owners of the property. 

8. State of West Virginia v. Tammy R., et al. - 25348 - Mother appeals her termination and the placement of the child with the paternal grandmother.   Mother was terminated based upon her prolonged incarceration.  The Court granted the petition only as to the placement of the child, not the mother's termination.  

9. William "Benji" Becton v. Nicholas Hun, Commissioner - 25364 - Petitioner seeks review of the denial of his Petition for Omnibus Habeas Corpus Relief. 

10. Central West Virginia Regional Airport Authority, et al. v. West Virginia Public Port Authority - 25628 - Certified Question - No summary available.