Argument
Docket
Wednesday, January 12, 2005
Supreme Court of Appeals of West Virginia
Argument
Docket
Wednesday, January 12, 2005
1. John F. Genovese, dba Genovese Pain & Chiropractic Center v. D. Michael Burke - 31729 - Dismissed.
2. Theresa D. Messer v. Huntington Anesthesia Group, Inc., et al. - 31739 - Rescheduled to March 22.
3. Parkette, Inc. v. Micro Outdoors Advertising, LLC., et al. - 31753 - Petitioner, Parkette, Inc., appeals from the lower court's granting of summary judgment. On appeal, it is alleged that the Court erred because issues of fact exist for a jury.
4. Jackie Lucas, et al. v. Fairbanks Capital Corp., et al. - 31745 - Plaintiffs petition the Court to docket the circuit court's certified questions and clarify their opposition to the petition to docket certified questions filed by defendant Fairbanks Capital Corp. Plaintiffs support the circuit court's affirmative answers to the certified questions.
Certified Questions:
1. Does the fiduciary duty of the trustee to both parties of a deed of trust include the duty to proceed to foreclosure (a) only after review of the account records to ascertain the actual amount due, and (b) to consider legitimate objections of the grantor/homeowner to foreclosure sale?
The circuit court answered this question in the affirmative.
2. Does the principle that equity abhors forfeiture require home equity loan servicers such as Fairbanks Capital Corp. to pursue another remedy (e.g., a repayment plan, or other remedy at law) other than foreclosure when it can be made whole through such other remedy?
The circuit court answered this question in the affirmative.
Jackie Lucas, et al. v. Fairbanks Capital Corp., et al. - 31744 - Defendant appeals from the circuit court's order certifying two questions concerning the fiduciary duties of trustees under deeds of trust and whether home equity loan servicers must first pursue remedies other than foreclosure in the case of default.
- Brief of Plaintiffs
- Brief of Respondent Fairbanks Capital Corp.
- Response to Brief of Respondent Fairbanks Capital Corp.
- Reply Brief of Respondent Trustee, R. Vance Golden, III
- Fairbanks Capital Corp.'s Response to Reply Brief of Respondent Trustee, R. Vance Golden, III
- Amici Curiae (WV Bankers Assoc. and WV Assoc. of Community Bankers, Inc.)
5. Evans Geophysical, Inc. v. Ramsey Associated Petroleum, Inc. - 31746 - Petitioner appeals from the circuit court's order which refused to give full faith and credit to a default judgment entered against respondent by a Michigan court. The circuit court found that the Michigan court had lacked jurisdiction over respondent.
6. Jeanette Sue Conrad v. Delmer Wayne Conrad - 31747 - Wife in a divorce case appeals issues of equitable distribution, alimony and attorney's fees.
Jeanette Sue Conrad v. Delmer Wayne Conrad - 31748 - Husband in a divorce case appeals issues of equitable distribution and alimony.
7. State of W. Va. v. Kenneth Y. - 31742 - To be submitted on briefs only without oral argument.
8. West Virginia-American Water Co., et al. v. PSC of W. Va. & Consumer Adv. Div. - 31750 - Water company seeks review and reversal of order of the Public Service Commission in rate making case. - Dismissed .
- Appellant's Brief
- Appellee's Brief
- Appellant's Reply Brief
- Amicus Curiae (Construction and General Laborers' Local Union No. 1353)
- Amicus Curiae (Utility Workers Union of America, etc.)
- Amicus Curiae (Bluefield Gas Co.)
- Amicus Curiae (City of Charleston and City of South Charleston)
- Brief of Intervenor (County Commission of Kanawha Co., etc.)
- Brief of Intervenor (Attorney General)
- Brief of Intervenor (Consumer Advocate Divison of PSC of WV)
The briefs and other filings are provided in PDF format.
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Wednesday, January 12, 2005