5. Patricia McDowell v. Jefferson Memorial Hospital - No. 022383. Plaintiff appeals from the circuit court’s order awarding summary judgment in favor of the defendant hospital in her action brought under the West Virginia Wage Payment and Collection Act. Plaintiff sought wages for unpaid, earned, accrued sick leave, plus liquidated damages and attorney’s fees.

Grant 3-2
[ Davis, J., Maynard, J. ]

6. Carolyn Hedrick, William Phelps, John Phelps, Cathy Stemple, Kristy Knotts, Judith Cummins and Ruth Makepeace v. Charles R. Mosser and Robert Mosser - No. 022385. Petitioners appeal from the circuit court’s order in this declaratory judgment action regarding the construction of the Will of Glendie E. Mosser, Jr., as it pertains to certain parcels of real estate. Petitioners seek a reversal of the circuit court’s order in favor of respondents, the decedent’s sons.

Grant 3-2
[ Maynard, J., McGraw, J. ]

7. Sherry Blake v. Kanawha County Board of Education - No. 022387. Petitioner appeals from the circuit court’s order affirming the decision of the Grievance Board. She seeks a reinstatement of her contract along with back-pay, lost benefits, interest, costs, and attorney fees.

Refuse 3-2
[ Maynard, J., McGraw, J. ]

8. Lisa Sanson and Monica Sanson v. Brandywine Homes, Inc.; Skyline Corporation; and Conseco Finance Corp. - No. 022406. Plaintiffs appeal from the circuit court’s order enforcing a settlement and awarding attorney’s fees and costs against plaintiffs. Plaintiffs initiated this suit against Skyline Corp., Brandywine Homes, and Conseco Finance Corp. alleging that they had engaged in unlawful conduct associated with the sale of a mobile home. Plaintiffs seek a reversal of the circuit court’s rulings and a remand of their case with instructions that an order be entered denying Skyline’s motion to enforce the settlement in its entirety.

Grant 5-0

9. Nationwide Mutual Insurance Company v. Frank S. Martino - No. 030298. Pursuant to W.Va. Code §58-5-2 and Rule 13 of the West Virginia Rules of Appellate Procedure, the circuit court certifies questions regarding West Virginia regulations regarding "Privacy of Consumer Financial and Health Information" (Title 114 C.S.R. Series 57) (hereinafter the "West Virginia Privacy Rule"), promulgated by the Insurance Commissioner, and the Gramm Leach Bliley Act (15 U.S.C. § 6801 et seq.)

Grant 5-0

10. Duane Adams v. Consolidated Rail Corporation - No. 022248. Defendants in asbestos litigation appeal the circuit court’s granting of partial summary judgment to plaintiffs and appeal several in limine rulings favorable to plaintiffs.

Grant 4 - 1
[ As to Assignments of Error Nos. 2, 3, & 4 Only ]
[ McGraw, J. ]

11. Barbara Zerkle v. A&I Co. - No. 022409. Manitowoc Cranes, Inc., a defendant in asbestos litigation, appeals the circuit court’s order refusing to set aside a 1.4 million dollar default judgment.

Refuse 3-2
[ Davis, J., Albright, J. ]

12. State of West Virginia v. James Richard Haney - No. 022421. Petitioner appeals his conviction, based on guilty plea, of two felony counts of forgery. He asserts that the circuit court lacked venue over one count and that his defense counsel was ineffective, causing him to plead guilty.

Accept To Motion Docket

13. Larry A. Hedrick v. Meadow Ridge Property Owners Association, Inc. - No. 022426. Defendants appeal the circuit court’s denial of several motions in a case where the jury found that plaintiffs had a prescriptive easement for farm use across a housing subdivision’s roads.

Refuse 5- 0

14. State of West Virginia v. Merrill Miller - No. 022429. Petitioner appeals his sentence of a determinate ten years followed by an indeterminate three to twenty-five years; he plead guilty to seven counts involving a struggle with police when he did not surrender a firearm. Petitioner asserts that his sentence is unconstitutionally excessive and disproportionate to the crime.

Refuse 5- 0

15. State of West Virginia v. Jessica Billetter - No. 022430. Petitioner appeals her incarceration for possession with intent to deliver a controlled substance after her probation was revoked, and seeks remand with directions that she been sentenced with the rehabilitative goal of treating her alcohol addiction.

Refuse 5- 0

16. Betty Jo Kidd v. W. Quay Mull, II, et al. - No. 022432. Petitioners appeal the circuit court’s entry of an adverse summary judgment and the dismissal of their case with prejudice, contending that there existed genuine issues of material fact. Petitioners assert that agents of a land owner misrepresented that the property extended to the river front, and that they relied upon the misrepresentations to their detriment when entering into a lease-purchase agreement.

Accept To Motion Docket

17. Godwin Pumps of America v. Honey Creek Contracting Co., Inc. - No. 022437. Petitioner appeals the circuit court’s entry of partial summary judgment to respondent in a suit for unpaid rent on the use of equipment, where petitioner asserts that there was an oral lease-purchase agreement in place.

Refuse 5- 0

18. State of West Virginia v. Anthony White - No. 022439. Petitioner appeals his conviction for attempted unlawful assault. He plead guilty conditioned on his right to appeal the issue of whether the statute he was charged under, W. Va. Code § 61-8D-5(a) "attempted sexual abuse by a custodian", is unconstitutional as applied to the facts of his case.

Accept To Motion Docket

19. West Virginia Division of Labor/James Lewis, Comm’r. v. Larry McDaniel - No. 022468. The WV Division of Labor appeals the Circuit Court’s reversal of an administrative decision finding personal liability of a corporate officer for unpaid employee wages and benefits.

Grant  4-1
[ Albright, J. ]

20. West Virginia Division of Labor/James Lewis, Comm’r. v. L. Dean Schwartz - No. 022469. The WV Division of Labor appeals the Circuit Court’s reversal of an administrative decision regarding personal liability of two corporate officers for unpaid employee wages and benefits. The agency appeals the court’s finding that the agency had authority to award damages through the administrative process.

Grant  4-1
[ Albright, J. ]

21. State of West Virginia v. Anthony A. Dye - No. 022470. Petitioner appeals the circuit court’s order denying his petition for reduction of sentence. He was sentenced to fifteen years incarceration following a plea of guilty to aggravated robbery. He argues that his sentence is unconstitutionally disparate from the sentences of similarly or identically situated co-defendants.

Refuse 4-1
[ Starcher, C. J. ]

22. The Body Shop, Inc. v. West Virginia Human Rights Commission and Tony Richardson - No. 022472. Petitioner appeals from a decision of the West Virginia Human Rights Commission in which the petitioner was ordered to pay damages, including back pay, to the respondents. The lower court affirmed the decision.

Refuse 4-1
[ Maynard, J. ]

23. Kevin and Taunia Neiswonger v. Officer B.K. Hennessey - No. 022475. Petitioner appeals from a decision of lower court granting summary judgment based upon Federal Judge Irene Keeley’s prior order granting a motion to dismiss. On appeal, petitioners request that this Court reverse the three orders dismissing the claim and the granting of summary judgment in favor of the defendants.

Grant  3-2
[Davis, J. , Maynard, J. ]

24. Alisa Crockett Lake v. Martin Lake - No. 022476. Petitioner appeals from the Family Court order denying her motion for reconsideration of his order holding her in willful contempt, causing her arrest and changing custody of the three minor children. Petitioner filed a Writ of Prohibition with the Supreme Court of Appeals which was denied on 9/5/02.

Refuse 5- 0

25. State of West Virginia v. Jackie Lee Barker - No. 022479. Petitioner appeals a criminal conviction for grand larceny and conspiracy. On appeal petitioner seeks to have his conviction set aside, his sentence vacated and his release from incarceration or in the alternative that the matter be remanded for a new trial.

Accept To Motion Docket