Supreme Court of Appeals of West Virginia

 Argument Docket  
Tuesday, January 11, 2005

1.  SER Linda Artimez, Acting Adm. v. Hon. Arthur M. Recht, Judge, et al. -  31873 

• Petition
• Response and Motion to Dismiss (DHHR)

2.  Mt. State Bit Service, Inc. v. State of W. Va., Dept. of Tax & Revenue - 31735 - Petitioner files a direct appeal from the circuit court's order denying its petition for appeal from the decision of the ALJ regarding the assessment of use tax by the WV Department of Tax and Revenue. The Petitioner seeks a reversal of the lower court's ruling or a remand to either the lower court or the ALJ for further factual findings. 

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief

3.  Cara Hanna Koerner v. WV Department of Military Affairs & Public Safety, et al. - 31683 - Petitioner appeals an adverse jury verdict and the circuit court's refusal to alter or amend the judgment. She asserts that respondent illegally fired her and that a previous settlement agreement with respondents is null and void and did not waive her rights under the WV Human Rights Act.

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief
• Amicus Curiae (WV Human Rights Comm.)
• Amicus Curiae (WV Employment Lawyers Assoc.)

4.  Peggy Frances Miller v. Yuel Vance Miller  - 31634 - Wife in underlying divorce action appeals circuit court order reversing finding of family court which found that proceeds of settlement of fraud claim was marital property. - To be submitted on briefs only without oral argument.

• Appellant's Brief
• Appellee's Brief

5.  April Lynn Hudson Perdue v. Douglas L. Jones, et al. - 31708 - Dismissed. 

• Appellant's Brief
• Appellee's Brief
• Amicus Curiae (WV Insurance Federation)

6.  Cattrell Companies, Inc. v. Carlton, Inc., et al.  - 31730 - Two defendants appeal an order which struck their answer and entered default judgment against them. The court issued this sanction after finding that these defendants had committed discovery violations.

• Appellant's Brief
• Appellee's Brief
• Appellant's Reply Brief

7.  Randolph County Board of Education v. Charlotte Scott, et al.  - 31691 - The Board of Education appeals from the circuit court's order affirming the Grievance Board's decision that the Board of Education erred by posting an Aide II position with the requirement that the successful applicant possess a nursing license.

• Appellant's Brief
• Appellee's Brief
• Brief of Intervenor (Melinda White)
• Appellant's Reply Brief

8.  Jeffrey M. Mullen v. State of W. Va., Division of Motor Vehicles - 31740 - The DMV appeals from the circuit court's order which expunged all records of respondent's DUI-based license revocation. 

• Appellant's Brief
• Appellee's Brief

The briefs and other filings are provided in PDF format. 
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Monday, January 10, 2005