January 13, 2005

1.  In Re: The Children of Philip Osborn G. and Susan Lynn M. - No. 041650. Petitioner father appeals from the circuit court’s order affirming the decision of the family court that (1) directed petitioner to cease all contact with two minor children until the family court is satisfied that the best interests of the children will be promoted by a resumption of contact, and (2) directed petitioner to pay child support to respondent mother in the amount of $50 per month.

 3.  State of West Virginia v. James Stewart Richardson - No. 041652. Defendant was convicted following a jury trial of third offense DUI. Defendant appeals from the circuit court’s orders denying his motions to dismiss and his motion for entry of judgment of acquittal.

 4.  Alpharma, Inc. v. Rebecca M. Craig, State Tax Comm’r. - No. 041662. Petitioner appeals from the circuit court’s order affirming the Tax Commissioner’s denial of petitioner’s application for ad valorem property tax treatment as a certified capital addition.

5.  Albert E. Ruble, Administrator C.T.A. of the Estate of Mary Alverta Green v. Albert E. Ruble, Betty Ruble, Jacob Mullett, Jeremy Potter, Mark Cappillini, Brenda Cappillini, Steve Brannon, Christine Brannon, Robert DeClerico, and Philip Richel c/o Herod Funeral Home, Maude Copeland, Donald Copeland, Kathryn Evans, Betty Lou Green, James Green, Mary M. Bishop, Raymond Abernathy, Mary Margaret Sullivan, Martha Lancaster, Inez Deeley, and all Unknown Heirs of the Estate of Mary Alverta Green - No. 041666. Defendants, Donald and Maude Copeland, appeal from the circuit court’s order finding that the residue clause of a holographic Will was valid and that the residue of the decedent’s estate was to be distributed to plaintiffs, Albert and Betty Ruble, in accordance with the terms of the holographic will. 

Grant 3-2
[ Davis, J., Maynard, J. ]

6.  George Summers v. West Virginia Consolidated Public Retirement Board - No. 041677. Petitioners appeal from the circuit court’s order affirming the final decision of the West Virginia Consolidated Public Retirement Board ("CPRB") denying petitioners’ request to include lump-sum payments for accumulated vacation in the calculation of benefits from the teachers’ retirement system.

 7.  Paul Noechel v. Dolan’s Welding & Steel Fabrication, Inc. - No. 041680. Plaintiff appeals from the circuit court’s order dismissing his breach of contract and employment action on the basis that the court lacked both personal and subject matter jurisdiction.

Accept To Motion Docket

 8.  Gary Hall v. Dolan’s Welding & Steel Fabrication, Inc. - No. 042407. Plaintiff appeals from the circuit court’s order dismissing his breach of contract and employment action on the basis that the court lacked both personal and subject matter jurisdiction.

Accept To Motion Docket

 9.  Dan McQuain and Jeffrey McQuain v. William E. Nelson and Elizabeth Nelson, Husband and Wife, and Paul G. Mallow - No. 041694. Defendants appeal from the circuit court’s order granting plaintiffs a new trial on the issue of whether plaintiffs have a right of way by necessity over defendants’ land.

 10.  State of West Virginia v. John Fields, Jr. - No. 041698. Defendant appeals from his conviction on three counts of first degree sexual assault, three counts of sexual abuse by a parent, guardian or custodian, and one count of custodian allowing sexual abuse. Defendant alleges evidentiary and trial errors.

Refuse 4-1
[ Starcher, J. ]

 11.  Vicky Lynn Gray v. Ashraf Mena Kamel Mena, M.D., Princeton Endocrinology, PLLC, and Princeton Community Hospital Association, Inc., d/b/a Princeton Community Hospital - No. 041696. Plaintiff appeals from the circuit court’s order dismissing her medical malpractice action for failure to follow the pre-suit requirements as set forth in the Medical Professional Liability Act.

Grant 4-1
[ Maynard, J. ]

 12. State of West Virginia v. David M. Reed - No. 041712. Petitioner appeals his conviction for third offense domestic battery and the enhanced sentence imposed pursuant to the habitual criminal statute. He asserts that the circuit court erred by denying his motion to bifurcate in accordance with an opinion of this Court released shortly after his trial, State v. McRaine, 214 W. Va. 188, 588 S.E.2d 177 (2003).

Accept To Motion Docket

 13.  Belinda Billups v. West Virginia University Hospital, Inc. - No. 041713. Plaintiffs appeal the circuit court orders which found that plaintiffs failed to comply with the pre-suit requirements for a medical negligence case and which granted the defendants’ motions to dismiss without prejudice.

Accept To Motion Docket

 14. State of West Virginia v. Douglas J. Wesley, Jr. - No. 041721. A juvenile appeals from the order transferring his first-degree robbery case to the court’s adult criminal jurisdiction.

Refuse 4-1
[ Starcher, J. ]

 15.  Cindy L. Adkins, Cynthia S. Cooper, and Billie J. Gill v. Cathy S. Gatson, Clerk of the Circuit Court of Kanawha County; Board of Review, Bureau of Employment Programs; Commissioner, Bureau of Employment Programs; City of Hinton - No. 041722. Petitioners appeal the circuit court’s order which reversed the decision of the Bureau of Employment Programs in consolidated unemployment compensation cases. The circuit court held that the petitioners had resigned their employment without good cause involving fault by the employer and thus were disqualified from receiving unemployment benefits.

Grant 3-2
[ Davis, J., Maynard, J. ]

 16.  Steven Berryman, et al. v. West Virginia Department of Corrections - No. 041723. The Division of Corrections appeals from the circuit court’s order which reversed and remanded the Grievance Board’s decision on the issue of damages in a state employee grievance case.

 17.  Paul Edward Bowman v. Robert Adam Thomas - No. 041724. Plaintiff appeals from a jury verdict and the court’s denial of his motion for a new trial in a personal injury case. He asserts that his $726 damages award is inadequate and contrary to the law and evidence.

 18.  Ralph McKee Liggett v. Wheeling Automobile Club, Inc., Larry L. Travis and American Commerce Insurance Company - No. 041734. A co-defendant petitions for appeal from an order which approved another co-defendant’s settlement with plaintiff and which found that the settlement was made in good faith. The petitioner asserts that despite qualifying language in the order, the order may be read as barring a claim for unjust enrichment that the petitioner made against the settling co-defendant in a separate lawsuit.

Accept To Motion Docket

 19.  State of West Virginia v. Chesdon James Haught - No. 041763.  Petitioner appeals his conviction for domestic battery and kidnaping for which he was sentenced to life in prison with a recommendation of mercy.

Accept To Motion Docket

 20.  Janet Garrison v. Putnam County Board of Education - No. 041771. Petitioner appeals from her unsuccessful employment grievance concerning her demotion from school principal to classroom teacher.

Refuse 4-1
[ Starcher, J. ]

 21.  Glen Cogle v. West Virginia Department of Health and Human Resources - No. 041762. This action arises from the Jefferson County Health Department’s denial of the petitioners’ application for permits to drill water wells on two lots in the at Harpers Ferry Campsites. The petitioners appealed to the Circuit Court of Jefferson County. The Court denied the appeal. It is from this Order that the petitioners appeal to this Court.

Accept To Motion Docket

 22.  State of West Virginia v. Catherine Sue Pyles - No. 041774. Petitioner appeals the Order of the circuit court revoking her probation. The petitioner seeks a reversal of the decision and her release from incarceration.

Refuse 4-1
[ Starcher, J. ]

 23.  Michelle Nolan, individually and in her capacity as mother and next friend of Nicholas Nolan v. Kathy Kruger, D.O. - No. 041784. This is an appeal from Kathy Kruger, D.O. from an Order from the Ohio County Circuit Court, which denied Dr. Kruger’s motion to vacate a default entered against her on June 12, 2003, and a motion to reconsider said denial. Petitioner had argued that judgment was void because the Respondent failed to properly serve notice.

Refuse 4-1
[ Maynard, J. ]

 24.  David Franz v. Grant County Board of Education - No. 041785. Petitioner seeks review of the decisions of the Circuit Court and the WV Education & State Employees Grievance Board which had denied the petitioner’s grievance which alleged that the BOE had erred when it terminated a pay supplement that he had received for several years. On appeal, petitioner seeks reinstatement, reimbursement of lost wages, benefits, interest and attorney fees.