Supreme Court of Appeals of West Virginia

Miscellaneous Motions Conference

Thursday, February 8, 2001

 

1.

Tom White
No. 002813

Refuse As Moot
5-0

Grant Award of Attorney’s
Fees

Petitioner in State of West Virginia ex rel. Eugene Newland v. William Vieweg, No. 002813, initially filed a petition for writ of mandamus seeking to have the court direct respondent to enter an award for PPD. While petitioner now agrees that the mandamus action on the merits is moot, he asserts that attorney’s fees in the amount of $500 for 4 hours work in pursuing the mandamus petition is reasonable.

2.

Margaret Workman
No. 28888

Oral Argument Deferred And Remanded
5-0

Petitioners in In Re: Shanee Carol B., No. 28888, move to supplement the record with an affidavit concerning an alleged conflict of interest on behalf of the Guardian Ad Litem.

3.

E. Kay Fuller
No. 002652

Refuse 5-0

Petitioner in Winchester Medical Center v. Honorable David H. Sanders, No. 002652, seek leave to renew Petition for Writ of Prohibition. Petitioner previously sought a writ of prohibition effectively to prevent it from having to defend at trial a medical malpractice case.

4.

Theodore R. Dues, Jr.
No. 01-023

Motion to Withdraw
Grant 4-0

Motion to File Petition For Appeal
Out-of-Time
Refuse 3-1

[McGraw, C.J.]
[Starcher, J., Disqualified]

Petitioner in Wanda Leftridge v. The University of West Virginia Board of Trustees, No. 01-023, seeks to file Petition for Appeal approximately two years out-of-time.

5.

E. Kay Fuller
Walter M. Jones, III
No. 010074

Refuse 5-0

Petitioner in State ex rel. Allstate Insurance Company v. The Honorable Thomas A. Bedell, No. 010074, seeks a writ of prohibition to prohibit the enforcement of two orders of the lower court relating to discovery matters and an award of sanctions.

6.

James I. Stealy
No. 002869

Grant 5-0

Petitioner in Vicki Hearn v. William F. Vieweg, No. 002869, seeks a Writ of Mandamus to require the West Virginia Bureau of Employment Programs, Workers’ Compensation Division ["WCD"] to accept payment for WCD’s subrogation claims in an amount which reflects a pro rata reduction of its subrogation claim for its proportionate share of attorney’s fees and costs incurred in the underlying tort action which was settled.

7.

Timothy F. Cogan
No. 28457

Refuse 5-0

Claimant in the Board of Review of Employment Programs v. Joseph A. Panacci and Wheeling-Pittsburgh Steel Corp., No. 28457, moves to dismiss and strike portions of the Bureau’s reply brief.