Supreme Court of Appeals of West Virginia

 gavel Argument Docket  
                
Tuesday, April 23, 2002

 

1.   Sue Martin Politino v. Azzon, Inc., et al. -  29766 - Petitioners seek to appeal summary judgment in favor of respondent for breach of contract and subrogation rights relating to a payment made to a bank to regain heavy equipment seized by the bank as collateral for delinquent debt of petitioner. Petitioners also seek to overturn summary judgment on counterclaims against respondent.

2.  Conseco Finance Servicing Corp. v. Virgil Myers, et al. v. The Home Show, et al.  - 30089 -  Continued to June 4, 2002.

3.  State of W. Va. v. Jessie Lee Swims  - 30099 - Defendant appeals from his conviction for conspiracy and aggravated robbery for which he was sentenced to 120 years.

4.  Columbia Gas Transmission Corp. v. Elaine Foster, et al.  - 30125 - No summary available. 

5.  Spencer & Helen Graham v. Samuel H. Beverage, P.C., Comm’r, et al.  - 30110 - The petitioners, Spencer and Helen Graham, appeal from orders entered in the Circuit Court of Berkeley County granting summary judgments in favor of the respondent, West Virginia Division of Highways, and the respondents, Earle and Jean Parker. The petitioners alleged that the respondents were responsible for, and should have taken remedial action with regard to, the discharge of damaging storm waters onto the petitioners' property. The petitioners contend, inter alia, that the summary judgments were inappropriate in view of questions of material fact.

6.  In Re: The Marriage of Larry D. Santee v. Barbara S. Santee  - 30124 - Defendant/wife in divorce action appeals circuit court order which overturned the Family Law Master's ruling that she was entitled to $ 200 a month alimony to offset the loss of former UMWA health insurance benefits for life. Defendant argues that the exceptions filed by her husband to the order were not timely and should not have been considered by the circuit court. Further, the wife argues that the circuit court's decision was improper as it failed to identify which of the six statutory criteria of W.Va. Code § 48A-4-20 (c) justified the change from the Family Law Master's finding that she was entitled to alimony.

7.  SER Lenvel A. Spencer, Jr. v. Hon. John L. Cummings, Judge, et al.  - 30405 - Petitioner, pro se, filed a Petition for a Writ of Mandamus seeking to compel the Cabell County Circuit Court to rule on his Complaint filed against Romey S. Swanson and David Green, employees of Hands Extended Inc. Midway Housing Program, filed on 9/20/00 (Civil Action No. 00-C-751), and to rule upon other pending motions pertaining to that complaint.To be presented on briefs only without oral argument.

8.  SER Ronald Dee Carpenter v. Hon. Paul Zakaib, Jr., Judge  - 30406 -  Petitioner, pro se, filed a Petition for a Writ of Mandamus in which to compel Judge Zakaib to produce a Final Order detailing an Omnibus Habeas Corpus hearing held on 5/6/98. - To be presented on briefs only without oral argument.

9.  (*) State of W. Va. v. Marvin Steve Mills  - 30031 - Defendant appeals from his conviction for first degree murder with the use of a firearm. He was sentenced to life imprisonment without a recommendation of mercy.

10.  SER Weirton Medical Center, et al. v. Hon. James P. Mazzone, Judge, et al.  - 30360 - Weirton Medical Center and Lawrence Callahan, M.D. petition this Court for an Original Jurisdiction Writ of Prohibition, seeking to prohibit the effect of the lower court's ruling precluding petitioners from introducing expert evidence at trial concerning the death of Paul Vilga and the ruling that petitioners could introduce only one expert per specialty, such that Dr. Callahan could not express the opinion that his care met the applicable standard of care and also call an emergency medicine expert to testify. Petitioners claim that Judge Mazzone exceeded his legitimate power in so ruling. 

11.  SER Frazier & Oxley, L.C., et al. v. Hon. John L. Cummings, Judge, et al.  - 30434 - No summary available. 

12.  SER Robert L. Kerr, Jr. v. Timothy Bowen, Director  - 30436 -  Dismissed.

 

(*) This case will be heard at 10:00 a.m.
Justice McGraw disqualified
Judge Alsop Sitting by temporary assignment

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Monday, April 15, 2002