April 15, 2004
1. In Re: The Adoption of W. A. B. , K. A. B., S. N.B. , No. 040255. Petitioner father appeals from the circuit court’s order finding that petitioner had abandoned his children, terminating petitioner’s parental rights, and granting the adoption in favor of respondents. Petitioner father seeks a reversal of the adoption and the restoration of his parental rights.
Grant 3-2
[Maynard, C.J., McGraw, J.]2. Curniff Rowe, et al. v. Grapevine Corp., et al. - Docket No. 032523. Plaintiffs, temporary foreign agricultural workers, appeal from the circuit court’s order dismissing their claims and granting judgment in favor of defendants in their action seeking to recover a minimum work guarantee required by law and to recover wages assigned in violation of W. Va. Wage Payment and Collection Act.
Defer
3. Jefferson County Public Service District v. Sherman W. Dimon, as Trustee of Brandon Dale French and Rick Faron French, Jr., Trust, and as Trustee of Christopher Allen Dimon Trust; Brandon Dale French; Christopher Allen Dimon; and Rick Faron French, Jr., No. 040183. Plaintiff Public Service District appeals from the circuit court’s order in favor of defendants following a bench trial in this action to collect on a delinquent account. The circuit court concluded that the Public Service District had failed to prove by a preponderance of the evidence that the requirements of W.Va. Code §16-13A-9 were met as to notice to the owner of the land that the land would be charged for a sewer debt.
Refuse 3-2
[Maynard, C.J., Davis, J.]
4. John F. Genovese d/b/a Genovese Pain & Chiropractic v. D. Michael Burke, No. 032729. Defendant appeals from the circuit court’s order awarding summary judgment in favor of plaintiff chiropractor in this action to recover plaintiff’s bill to a former patient, who was a client of the defendant attorney.
Grant 4-1
[ Davis, J. ]
Defendant manufacturer appeals from an adverse jury verdict in this personal injury action arising out of an occupational accident. Defendant seeks a judgment as a matter of law or, in the alternative, a new trial.5. Jesse Dale Fisher v. Norton Company, No. 040237.
Refuse 4-1
[ Maynard, C.J.]
6. State of West Virginia v. Lovell Griffin, No. 040240. Defendant seeks a reversal of his convictions for drug related crimes. He asserts various evidentiary and trial errors.
Refuse 4-1
[ Starcher, J. ]
7. State of West Virginia v. Ricky Allen Maynard, No. 040241. Defendant appeals from his conviction on driving on a revoked operator’s for DUI 3rd offense. He also appeals from the circuit court’s order refusing to give him credit for time spent on home confinement awaiting trial. Defendant seeks either a new trial, credit for the four months that he spent on home incarceration, or consideration of home incarceration as an alternative to further prison time.
Accept To Motion Docket
8. IPI, Inc. v. Gregory A. Burton, in his capacity as acting Commissioner, West Virginia Bureau of Employment Programs, Workers’ Compensation Division
, No. 040247. Petitioner appeals from the circuit court’s order affirming the administrative agency decision to reclassify and succeed liability.Accept To Motion Docket
9. Garrett M. Hicks, a minor, by and through Donna J. Saus, his mother, guardian and next of friend, and Donna J. Saus, individually, and on behalf of all others similarly situated v. Todd A. Jones; Chriswell Electric Motor Service, Inc.; Mull Machine Company; and Liberty Mutual Fire Insurance Company, No. 040216. Defendant insurance company appeals from the circuit court’s Rule 54(b) order holding that a settlement for "net" lost wages violated the Unfair Trade Practices Act.
Accept To Motion Docket
10. Mark A. Whitley v. West Virginia Division of Motor Vehicles, No. 040268. The Department of Motor Vehicles appeals from the circuit court’s order entered on October 31, 2003, denying DMV’s motion for relief from judgment.
Refuse 5-0
11. Chris K. Gray v. Coldwater Creek, No. 022326. Plaintiff appeals from the circuit court’s order in this action brought under the Wage Payment and Collection Act challenging the method by which liquidated damages were calculated.
Refuse 3-2
[Starcher, J., McGraw, J.]
12. Brian R. DeLong v. Coldwater Creek, No. 040269. Plaintiff appeals from the circuit court’s order in this action brought under the Wage Payment and Collection Act challenging the method by which liquidated damages were calculated.
Refuse 3-2
[Starcher, J., McGraw, J.]13. Sandra Blevins v. Kenneth Blevins, No. 040271. Petitioner Sandra Blevins appeals from the circuit court’s order remanding this action back to the family court for a hearing on respondent’s objections to the family court’s order holding respondent in contempt. Petitioner complains that instead of ruling on the appeal and entering a final order, which could have taken respondent’s objections into consideration, the circuit court remanded the action to family court for another hearing on the limited issue of respondent’s objections to the language in the family court’s order.
Refuse 4-0
[ Maynard, C.J. not participating]14. Roy Lee Wayson and Nancy Ann Wayson, his wife v. ERX Logistics, Limited Liability Company, a Michigan corporation; Penske Truck Leasing Co., Limited Partnership, a Delaware corporation; and Penske Logistics, Inc., a California corporation, No. 040425. The circuit court certifies a question regarding whether an employer violated the Workers’ Compensation law by terminating an employee who was off work and receiving benefits. The employer (petitioner herein) asserts there was no violation because the employee was terminated solely because of a company-wide absenteeism policy which applies to all employees, not because of discrimination for filing a workers’ compensation claim.
Refuse 5-0
15. State of West Virginia v. James Aaron Cooper, II, No. 032224. Petitioner appeals his convictions for attempted aggravated robbery and aggravated robbery.
Accept To Motion Docket
16. Cynthia Stanley, Lexie Redden, Jerry L. Payne, David Kinder, George Cremeans, Marysue Catlett, and William Annon v. The Department of Tax and Revenue and The Division of Personnel, No. 032846. The State Department of Tax and Revenue petitions for appeal from the circuit court’s order which requires the Department to pay $1,500 in attorney’s fees for each employee who succeeded in a combined state employees grievance case, for a total of $10,500 in attorney’s fee. The Department argues that the statute authorizes a maximum of $1,500 for the case.
Accept To Motion Docket
17. Rodney E. Rovello, Vikki L. Rovello, and Rovello Cycle and ATV Sales and Service, Inc. v. Rick Wyatt, Brenda Wyatt, American Asset Management Organization, a West Virginia Business Trust, and David Orndorff, No. 040144. Defendants appeal from a jury verdict and the circuit court’s refusal to alter or amend judgment in a contract case involving the sale of a business.
Refuse 4-1
[ Maynard, C.J.]18. State of West Virginia v. Harry David Leonard, No. 040145. Petitioner appeals his conviction for first degree murder without a recommendation of mercy.
Accept To Motion Docket
19. State of West Virginia v. Scott Bruce Cobun, No. 040163. Petitioner appeals the sentence he received after pleading guilty to robbery and after he was found unfit to remain at the Anthony Center.
Refuse 3-2
20. Shepherdstown Men’s Club, William E. Lewandowski, Joyce Ann Lewandowski, Ledge Low Homeowners Association, Miriam Wilson, and Richard Super v. Jefferson County Planning and Zoning Commission v. Aubrey E. Henry, Intervenor, No. 040168. Petitioner appeals the circuit court’s order which reversed and remanded the decision of the Jefferson County Planning and Zoning Commission to issue a conditional use permit to allow petitioner to build a housing development. The court found that the Planning Commission had failed to make required findings of fact when granting the permit.
[Starcher, J., Albright, J.]Refuse 5-0
21. State of West Virginia v. David Appleby, No. 040171. Petitioner appeals his conviction as a recidivist for which he was sentenced to life in prison. He raises several trial and constitutional errors.
Accept To Motion Docket
22. State of West Virginia v. Michael Province, No. 040200. Petitioner appeals his conviction, based upon guilty plea, of five counts of third degree sexual assault. He asserts that the circuit court failed to properly ascertain whether he understood the plea agreement.
Refuse 5-0
23. State of West Virginia v. James Allen Smith, No. 040210. Petitioner appeals his conviction for first degree murder with a recommendation of mercy. He asserts several trial errors.
Accept To Motion Docket
24. Eric T. Johnston v. Thomas McBride, No. 040004. The Division of Corrections appeals from the circuit court’s habeas corpus order which released respondent from prison by finding that respondent had accumulated enough good time to satisfy his maximum sentence. Petitioner asserts the circuit court misapplied the law and awarded more than "day for day" good time such that respondent has been prematurely released.
Accept To Motion Docket
25. James Russell v. Verizon, a foreign corporation, and Charles Albertson, No. 040229. Plaintiff appeals from the circuit court’s order granting summary judgment to defendants in a reverse race and gender discrimination case.
Accept To Motion Docket
26. Tara Beth Cogar v. John Burton Cogar, No. 040235. Petitioner appeals the circuit court’s order which affirmed the decision of the family court that a temporary domestic violence order had expired.
Refuse 4-1
[ Maynard, C.J.]27. State of West Virginia v. James Dale McDaniel, No. 040264. Petitioner appeals his conviction for two counts of sexual abuse in the first degree and two counts of sexual abuse by a parent or guardian.
Refuse 4-1
[ Albright, J.]28. CATTRELL COMPANIES, INC. v. CARLTON, INC., a West Virginia corporation; CHARLES V. MAESCHER & COMPANY, a foreign corporation; BBL-WEST VIRGINIA, L.L.C., a West Virginia limited liability company; BBL-CARLTON, L.L.C., a West Virginia limited liability company; MAESCHER CONSTRUCTION, INC., a foreign corporation; MAESCHER INDUSTRIES, INC., a foreign corporation; MATRIX BUILDING COMPANY, a foreign corporation; BARRY, BETTE & LED DUKE, INC., a foreign corporation; BBL -CENTRAL, L.L.C., a limited liability company; DONALD LED DUKE; CARL F. AGSTEN; ROBERT COMPTON; GRANT V. HESSER; JOHN DOE; and DOUGLAS W. BARKER, No. 040298. Two defendants appeal an order which struck their answer and entered default judgment against them. The court issued this sanction after finding that these defendants had committed discovery violations.
Grant 5-0
29. Ronald E. Jarmuth and Angela Frinzi v. Brian Krolezyk, and in his capacity of "Acting Director of Clinical Services" for Valley Community Mental Health and Valley Comprehensive Community Mental Health Center, Inc. and The Monogalia County Board of Education, No. 040267. Petitioners seek to reverse the lower court’s order granting summary judgment for the Respondents. The conflict comes from a custody proceeding in the Family Court in Monongalia County. The petitioner filed suit alleging that Dr. Krolczyk and Valley Community Health committed breach of contract, libel, slander, bad faith, malpractice, loss of future income, intentional infliction of emotional distress, conspiracy, invasion of privacy among other complaints.
Refuse 4-1
[ Maynard, C.J.]30. Sarah V. Rankin v. West Virginia Bureau of Employment Programs, No. 040273. Petitioner, the WVBEP, appeals from an order from the Circuit Court which ordered that the ten day suspension imposed on the respondent be rescinded. Respondent was suspended for allegedly mistreating a customer.
Refuse 4-1
[ Davis, J.]31. James F. Humphreys & Association v. West Virginia Board of Review, No. 040299. Petitioner seeks to reinstate the decision of the WVBEP Deputy Commissioner which found in favor of petitioner by stating that respondent was not unfairly terminated. On appeal, the ALJ overturned the ruling and the order was affirmed by the Circuit Court.
Grant 3-2
[ Davis, J., Albright, J. ]32. State of West Virginia v. Robert Wayne Decker, No. 040308. Petitioner files a direct appeal from the circuit court’s order sentencing him to Life with eligibility for parole after ten years and an indeterminate sentence of not less than one nor more than five years for his conviction of Kidnaping, and First Degree Sexual Abuse.
Refuse 5- 0
33. Ronald L. Plumley v. Lynette Bledsoe, No. 040309. Suit involves a petition for declaratory relief as to whether the appellant is an heir of Margaret Plumley, or barred by homicide of deceased by testamentary heir, father of the appellant. Secondary was petition for injunction to prevent appellant from disposing of any assets of the estate.
Accept To Motion Docket
34. Cassandra L. Campbell v. Gary L. Smith, No. 040310. In this divorce proceeding, the petitioner sought alimony for 23 ½ year marriage with disparate income. The Court awarded alimony equal to the petitioner’s house payment for five years. It is from this ruling that the petitioner now appeals.
Grant 3-2
[Maynard, C.J., Davis, J.]
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