and

Petitions for Appeal

1.    Donna D. Gandee v. Allstate Indemnity Company, No. 993412. Petitioner, Allstate, appeals the entry of summary judgment in a declaratory judgment action.

Accept for Motion Docket

2.    Cindy Lou Cutlip v. Summersville Memorial, No. 993414. Plaintiffs appeal an order granting summary judgment for the defendant in an action for outrageous conduct.

3.    State of West Virginia v. Jimmy Trent, No. 993450. Defendant appeals convictions of two counts of wanton endangerment and one misdemeanor count of fleeing a police officer.

4.    State of West Virginia v. Robert Bowers, III, No. 993451. The defendant appeals convictions of aggravated robbery and malicious wounding. He was sentenced to 60 years on the aggravated robbery conviction and 2 to 10 years on the malicious wounding conviction to run consecutively to the sentence for aggravated robbery.

5.    Martha Fanary v. Monroe County Comm., No. 993453. Plaintiffs appeal from the circuit court's dismissal of their action on the basis that the County Commission was immune under the Public Duty Doctrine.


6.    State of West Virginia v. Tony Vance, No. 993454. Petitioner seeks a reversal of his conviction on 3 counts of delivery of marijuana for which he received a sentence of 1 to 5 years on each count, the first two sentences to run concurrently and the third to run consecutively with the sentences on counts one and two.


7.    Lori B. Jackson v. Edmund J. Matko, No. 993455. Plaintiff appeals from the circuit court's award of summary judgment in favor of defendants in this wrongful discharge action.


8.    Pamela S. Pleasants v. Alliance Corp., No. 993456. Plaintiff appeals from jury's verdict rendered in favor of defendants in this medical malpractice action involving the death of a 15-year old girl.

Accept for Motion Docket

9.    Bromley Lockhart v. State of West Virginia, No. 993457. Defendant appeals from the circuit court's denial of his petition for a writ of habeas corpus.



10.    State Automobile Mutual v. Alpha Engineering, No. 993458. Defendant appeals from the circuit court's award of summary judgment in favor of plaintiff in this declaratory judgment action. The circuit court determined that the subject insurance policy clearly and unambiguously precluded coverage for the defense and indemnification of defendant.


11.    IN RE: Keller B., III, No. 993462. The petitioner, Keller B., a juvenile found guilty of destruction of property, appeals from an order entered in the Circuit Court of Morgan County revoking his probation for various violations. The petitioner contends, inter alia, that the Circuit Court committed error in applying an incorrect standard of proof in finding the violations.

12.    Jeremy Clark, Infant v. Secondary School Act, No. 993463. The petitioner, the West Virginia Secondary School Activities Commission, appeals from an order entered in the Circuit Court of Wyoming County granting respondent Jeremy Clark injunctive relief and prohibiting the petitioner's determination that respondent Clark, a high school senior, was ineligible to participate in interscholastic athletics.
 

13.    Dorothy Jean Silvers v. Town of Bath, No. 993464. The petitioner, Town of Bath (Berkeley Springs), appeals from an order entered in the Circuit Court of Morgan County denying its claim of immunity in an action wherein the respondent, Dorthy Jean Silvers, asserted that the elimination of her position as Town Clerk was retaliatory and in violation of the West Virginia Whistle-Blower Law.

 

 

14.    Verla Shaffer v. Dept. Of Transportation, No. 993466. The petitioner, Verla Shaffer, appeals from an order entered in the Circuit Court of Jackson County dismissing her complaint against the respondent, Division of Highways. The petitioner sought to compel eminent domain proceedings based upon her allegation that drainage ditches and culverts constructed by the respondent resulted in flood damage to the petitioner's property.

15.    State of West Virginia v. Evan Lamarr Sears, No. 993475. The petitioner, Evan LaMarr Sears, appeals from his convictions in the Circuit Court of Berkeley County of aggravated robbery and battery.

16.    Robert John Stanley v. George Roach, et al., No. 993476. The petitioner, Robert John Stanley, appeals from an order entered in the Circuit Court of Mercer County denying his motion to reinstate an action which had been dismissed pursuant to Rule 41(b) for inactivity. The petitioner's counsel states that he never received notice that the action was to be dismissed.