2. Camden-Clark Memorial Hospital Corp. v. Sonya Turner - No. 012418. Defendant appeals from the circuit court’s award of a permanent injunction in favor of the plaintiff Hospital.

3. State of West Virginia v. Charles J. Akers - No. 012430. Defendant appeals from the circuit court’s denial of his motion for a new trial after his convictions on 10 counts of first degree sexual assault and 10 counts of sexual abuse by a custodian.

4. Georgia Poling v. Pre-paid Legal Services, Inc. - No. 012442. Plaintiffs appeal from the circuit court’s order granting summary judgment in favor of defendant on plaintiffs’ fraud and breach of contract claims.

5. Clark Apartments by J. E. Hood v. Lawrence Walaszczyk - No. 012449. Defendant appeals from the circuit court’s award of damages to the landlord in the amount of $2,610.00 in this landlord/tenant dispute.

6. William Conrad v. National Union Fire Insurance Co. - No. 012450. Plaintiffs appeal from the circuit court’s award of summary judgment in favor of respondent finding that plaintiffs were not entitled to recover under the insurance policies issued by respondent.

7. Charles E. Lemley v. National Union Fire Insurance Co. - No. 012451. Plaintiffs appeal from the circuit court’s order granting summary judgment in favor of the National Union Fire Insurance Company of Pittsburgh and the Morgantown Utility Board.

 

8. Deborah H. Jividen v. Dale Ray Jividen - No. 012492. Petitioner appeals from her final divorce order and from the circuit court’s denial of her Rule 60(b) motion for relief from judgment regarding the evaluation and distribution of real property.

 

9. Howard W. Sheppard v. Elkay Mining Company - No. 012351. This is a renewed petition for appeal concerning a deliberate intent action wherein the petitioner-employer, Elkay Mining Company, appeals from an order of the Circuit Court of Logan County amending upward a judgment previously entered in favor of the respondents, Howard W. Sheppard and Edna Sheppard. In amending the judgment, the Circuit Court struck a jury finding that Mr. Sheppard was 30% at fault for the accident and, in addition, ruled that the petitioner was not entitled to a stipulated off-set for workers’ compensation benefits to be paid to Mr. Sheppard in the future. The petitioner focuses upon the Circuit Court’s denial of the stipulated off-set for future workers’ compensation benefits and contends that the denial of the off-set constituted error.

10. State of West Virginia v. James M. Flippo - No. 012417. This appeal concerns the denial by the Circuit Court of Fayette County of petitioner James Michael Flippo’s motion to suppress, following the remand of the case to the Circuit Court by the United States Supreme Court in Flippo v. West Virginia, 528 U.S. 11 (1999). In the underlying case, the petitioner was convicted by a jury of murder of the first degree, without mercy, based upon circumstances wherein the petitioner’s wife was found dead in a cabin at Babcock State Park. The petitioner contends, inter alia, that the Circuit Court, upon remand, committed error in denying the petitioner’s motion to suppress photographs seized, without a warrant, from the petitioner’s closed briefcase at the crime scene.

11. Celia J. Coon v. Ricky J. Cummings - No. 012453. In this dispute over real property, the petitioners, Ricky Joe Cummings, Delma Blankenship and Margaret Smith, appeal from orders entered in the Circuit Court of Clay County in favor of the respondent, Celia Coon. The Circuit Court upheld the will of the testator, Jesse Cummings, pursuant to which respondent Coon was the principal devisee of the testator’s 50 acre parcel in Clay County. The will also named Ms. Coon as executrix of the testator’s Estate. The petitioners contend, inter alia, that the testator lacked the ability to communicate his testamentary intent and that, consequently, the Circuit Court committed error in finding the will to be valid.

 

12. Ralph E. "Gene" Butler v. Johne E. Price, CSX Trans., Inc. - No. 012457. The petitioner, Ralph E. "Gene" Butler, appeals from a summary judgment granted by the Circuit Court of Wood County in favor of the respondent, CSX Transportation, Inc. The Circuit Court held that the petitioner, who operated a restaurant on a parcel subject to a railroad right-of-way, had no implied right of passage over the tracks for commercial purposes. The petitioner contends, inter alia, that an implied right of passage is a necessity, since the railroad right-of-way is located between the petitioner’s business and the public highway.

13. Robert J. Smith v. West Virginia Bureau of Employment Programs - No. 012467. The petitioner, Bureau of Employment Programs, by petition for a writ of certiorari, challenges an order entered in the Circuit Court of Kanawha County holding that a claimant, who quit her job approximately two weeks prior to her involuntary termination date, was disqualified from receiving unemployment compensation benefits for that two week period but qualified to receive such benefits subsequent to the date her involuntary termination would have occurred. The petitioner-Bureau contends, inter alia, that the Circuit Court committed error in that regard because the Circuit Court, in effect, ruled (inconsistently) that the claimant both voluntarily quit her job and was involuntarily discharged by her employer.

 

14. Tom Weyrauch v. Erie Indemnity Co. - No. 012484. This is an employment discrimination action wherein the petitioner, Tom Weyrauch, (plaintiff below) appeals from an order entered in the Circuit Court of Ohio County denying his motion for a new trial. The jury found in favor of the respondent employers, notwithstanding the petitioner’s claim that the respondents did not promote him because they perceived that the petitioner suffered from a stress or anxiety related handicap. The petitioner contends that he is entitled to a new trial because the Circuit Court committed error in allowing the respondents to call a defense witness who stated that the petitioner’s work performance was poor, yet, who did not, in fact, supervise the petitioner until well after the failure to promote occurred.

 

15. State of West Virginia v. Susan Brown - No. 012494. The petitioner, Susan Brown, challenges her convictions in the Circuit Court of Monongalia County of the felony offenses of falsifying accounts, embezzlement and conducting a fraudulent scheme. The petitioner, an employee of West Virginia University, was accused of taking in excess of $28,000 in various monies collected from WVU branch libraries. The petitioner contends that her convictions should be set aside: (1) because her trial counsel was ineffective, because a witness for the State was allowed to comment upon the petitioner’s pre-arrest silence and (3) because her right of protection from double jeopardy was violated.

 

16. Henry Walker and Patricia Walker v. Medtronic, Inc.; West Virginia University Hospitals, Inc.; and Stephen M. Bloomfield - No. 012436. Plaintiffs in two identical medical malpractice cases seek to appeal lower court dismissal of one suit for failure to timely effect service of process and the second for the running of the statute of limitations.

 

17. Henry Walker and Patricia Walker v. Medtronic, Inc.; West Virginia University Hospitals, Inc.; and Stephen M. Bloomfield - No. 012569. Plaintiffs in two identical medical malpractice cases seek to appeal lower court dismissal of one suit for failure to timely effect service of process and the second for the running of the statute of limitations.

 

18. State of West Virginia v. Robert E. Emmons, Jr. - No. 012468. Criminal defendant seeks to appeal the lower court’s acceptance of guilty plea and sentence based thereon.

 

19. State of West Virginia v. Damon Laroi Jennings - No. 012483. Defendant convicted of malicious wounding seeks to appeal based upon incidents at trial.

 

20. In Re: The Name Change of Khori Paige Lowther, No. 012495. Father of an infant seeks to appeal denial of his petition to change infant’s name.