Argument
Docket
Wednesday, April 28, 2004
1. (*) Board of Trustees of Firemen’s Pension & Relief Fund, etc. v. Wilma J. Davis - 31625 - Petitioner (defendant below) appeals the granting of an adverse summary judgment. The court found that petitioner's remarriage terminated her right to pension benefits that she had been receiving since the death of her first husband, but petitioner asserts she is entitled to the benefits because her subsequent marriage has been annulled.
2 (#) State of W. Va. v. Michael Rogers - 31566 - Petitioner appeals his conviction for burglary and conspiracy to commit burglary.
3. Fair Oaks Homeowners Ass’n, Inc. v. Country Club Investment & Development Co. - 31624 - Plaintiff appeals from the circuit court's adverse ruling in this declaratory judgment action seeking the determination of the rights and duties of a subdivision developer versus the Homeowners Association with regard to the construction of paved streets and roads in the subdivision. The circuit court found that the Homeowners Association was responsible for the streets and roads.
4. State of W. Va. v. Steven H. - 31601 - This is an appeal of a “status offender” juvenile case. It is argued on
appeal that the juvenile should not have been placed on probation and that the circuit court subsequently failed to conduct an appropriate dispositional hearing before revoking his probation.
5. Jeff Farley v. Mayor Harold Worley, et al. - 31629 - Petitioner seeks review of the Court's denial of the petitioner's request for reasonable attorney fees and costs after he successfully forced disclosure of public documents pursuant to the West Virginia Freedom of Information Act.
6. Criminalist V Terry G. Montgomery v. WV State Police, et al. - 31644 - Petitioner appeals under Rule 3 of the WV Rules of Appellate Procedure seeking relief from an Order entered on 3/21/03, affirming the decision of the Hearing Examiner below which upheld the order of the respondent Superintendent discharging petitioner.
7. Arch A. Moore Jr. v. CNA Insurance Co., dba Continental Casualty Co. - 31637 - Petitioner appeals the denial of his motion for summary judgment and the finding that Respondent did not owe a duty to defend Petitioner in a federal lawsuit filed by the State of West Virginia against Petitioner.
8. Harvey Maupin, Jr. v. George Sidiropolis, Commission Chairman, et al. - 31642 - The Petitioners, the WV Racing Commission and its individual members, appeal the circuit court's order which overturned the petitioners' administrative decision and held that two dogs were eligible for payments from the WV Greyhound Breeder Development Fund.
9. Katherine Anne Hoover, M.D. v. West Virginia Board of Medicine - 31576 - The West Virginia Board of Medicine appeals from the circuit court's order reversing the Board's decision to revoke the medical license of Dr. Hoover. On appeal, the circuit court found that because the Board of Medicine's complaint and notice of hearing were not personally signed by both the Secretary and President of the Board but were, instead, signed in their names by their secretary, the Board's decision violated W.Va. Code §30-3-8.
10. SER Susan R. Raines v. WV Board of Examiners for Registered Professional Nurses - 31700 - Continued to June 8.
11. (+) SER Jerome M. Blaney v. Hon. Jeffrey B. Reed, Judge - 31701 - Petitioner seeks through a writ of prohibition, to prohibit further criminal proceedings against him for failure to include all charges in the original indictment.
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) This case will be heard at 2:00 p.m.
Justice Davis disqualified
Judge Pratt sitting by temporary assignment
(#) This case will be heard at 11:30 a.m.
Justice Albright disqualified
Judge Bloom sitting by temporary assignment
(+) This case will be heard immediately following the No. 1 case on the list.
Justice Albright disqualified
Judge Pratt sitting by temporary assignment