February 8, 2005 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, February 8, 2005

1. Barbara Calhoun, Exex.* v. Jack R. Traylor, Jr., M.D., et al. - 041633 - Plaintiff appeals an order granting partial summary judgment in favor of defendants in a medical malpractice and wrongful death case. - Grant 5 - 0.

2. Mark Bays, Adm. v. Jeffrey W. Hively, M.D. - 041629 - Defendant files his petition for a review of the circuit court's certified questions in this medical malpractice action. - Grant 5 - 0.

CERTIFIED QUESTIONS

"1. Does the thirty (30) days to respond to a notice of claim, as put forward in Section 55-7B-6(e) of the West Virginia code [sic], begin to run at the time of mailing or the time of receipt by the defendant?

This Court answers that service is complete upon mailing.

2. Does failure to comply with the notice and screening provisions contained within Section 55-7B-6 of the West Virginia Code deny a circuit court a jurisdiction over a case involving medical professional liability?

This Court answers that Section 55-7B-6 of the West Virginia Code is jurisdictional, and thus failure to comply with Section 55-7B-6 would deny this Court of jurisdiction."

3. Carroll Burl Wright v. Lloyd D. Talkington, Donna Talkington and Ruby Edward Orr, et al.- 041485 - Petitioner appeals from the circuit court's adverse summary judgment order in a case where petitioner sought to partition real estate in which he claims an interest. - Refuse 5 - 0.

4. William Smith, et al. v. David Stewart, State Superintendent of Schools, et al. - 041505 - Petitioners, parents who filed a lawsuit challenging the constitutionality of the closure and consolidation of four high schools in Lincoln County, petition for appeal from an adverse summary judgment order.
Refuse 3 - 2, Starcher & Maynard.

5. WV Federation of Teachers, AFL-CIO, Judy Hale, President, et al. v. Mark A. Manchin, Superintendent, et al. - 041411 - Petitioners appeal from the circuit court's order denying their petition for a writ of mandamus brought by the West Virginia Federation of Teachers on behalf of three teachers whose jobs were eliminated without adherence to W.Va. Code §18A-2-2. Petitioners seek to have the reduction in force overturned or, in the alternative, to allow them to set forth their factual claims before the trial court. - Continued.

6. State of W. Va. v. Tom Webb - 041627 - Petitioner was convicted of one count of obtaining money or property by false pretenses. He appeals the conviction and the failure of the Court to grant a Motion for Directed Verdict. - Continued to March 23.