2.  Donna Wilson v. Leon Hunter Wilson - No. 091506. Petitioner wife appeals from the circuit court’s order reversing the family court’s ruling that the parties’ closely held business possessed an enterprise goodwill valued at approximately $9.3 million. The circuit court ruled there was no enterprise goodwill of the closely-held business. Accept to Motion Docket

3.  Robert L. Sams v. City of White Sulphur Springs, Board of Zoning Appeals - No. 091507. Petitioner board appeals from the circuit court’s order reversing its decision that respondent’s use of certain property was a non-conforming use under pertinent zoning laws. Petitioner asserts that the circuit court erred by allowing the admission of new evidence at a hearing before the circuit court on respondent’s petition for a writ of certiorari. Petitioner asserts that its decision was not clearly erroneous and that it could only act upon the record made before it. Accept to Motion Docket

4.  Earl J. Reynolds and Anna Reynolds v. Jerry I. Hoke, Sr. - No. 091510. Petitioners appeal from the circuit court’s order granting summary judgment in favor of respondent and finding, as a matter of law, that respondent’s routine record title examination qualified as "reasonable diligence" under W.Va. Code §11-4-4(b). Petitioners seek a reversal of the circuit court’s order in this action seeking to set aside a tax deed, as well as a remand for a jury trial. Grant 3-2 (Benjamin, J., Ketchum, J.)

5.  Junior Robert Callison v. Junior Robert Callison, as the Executor of the Estate of Robert Callison, Sr. - No. 091513. William Medley appeals from the circuit court’s order upholding an order of the family court finding respondent, Junior Robert Callison, to be the biological child of the decedent, Robert Callison, Sr. The circuit court refused to rule upon the defense of the statute of limitations barring respondent’s suit. Medley seeks a ruling upon whether or not the statute of limitations for bringing this action had expired. Refuse  5- 0

6.  Gary Wade Morris v. Office of Adjutant General - No. 091515. Plaintiff appeals from the circuit court’s order granting summary judgment in favor of defendant and dismissing plaintiff’s age-based discriminatory discharge action. Plaintiff seeks a reversal of the circuit court’s order and a remand with directions that the matter be reinstated to the docket of the circuit court.  Refuse  4- 0, (Workman J. not participating)

7.  In Re: Chevie V. - No. 091521. The Department of Health and Human Resources appeals from the circuit court’s order directing the Department to reimburse respondent’s counsel for the $6,810.63 paid to an expert medical witness retained by respondent mother. The circuit court found, pursuant to Rule 54(b), there was no just reason to delay the appeal of this issue. The Department asserts that these fees should be paid by the Public Defender’s Corporation and seeks a reversal of the circuit court’s order. Grant  5- 0

8.  William C. Level v. Margaret Green - No. 091522. Defendant appeals from the circuit court’s order enjoining defendant from constructing a fence across a right-of-way that defendant contends was abandoned. The circuit court ruled that plaintiff had established a prescriptive easement. Defendant appeals from the circuit court’s adverse rulings made following a bench trial in this action for declaratory and injunctive relief. Refuse  5- 0

9.  State of West Virginia ex rel. Robert Muncy v. Thomas McBride, Warden, Mount Olive Correctional Complex - No. 091529. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus. Petitioner seeks a new trial. Refuse  5- 0

10.  Donna Fowkes and Robert Fowkes v. The Nutting Company, Inc., a West Virginia corporation and Eastern Ohio Newspapers, Inc., a foreign corporation - No. 091538. Plaintiffs appeal from the circuit court’s order dismissing their personal injury action against defendants. Plaintiffs challenge the circuit court’s determination that they could not pierce the corporate veil with regard to one corporate defendant and challenge the circuit court’s application of W.Va. Code §56-1-1a, the forum non conveniens statute, for purposes of dismissing their claims against the other corporate defendant. Plaintiffs seek a reversal of the circuit court’s dismissal of their personal injury action. Refuse  5- 0

11.  Phillip Michael Collins v. Howard Painter, Warden - No. 091539. Petitioner appeals from the circuit court’s order denying his petition for habeas relief. Petitioner challenges the rulings of the circuit court and their sufficiency under applicable law. Petitioner seeks a reversal of the circuit court’s order and the award of a new trial. Accept to Motion Docket

12.  Betty Jarvis v. West Virginia State Police, D. M. Nelson, A. S. Perdue, and C. E. Akers, consolidated for purposes of discovery and pleadings with Wanda Carney v. West Virginia State Police, D. M. Nelson, A. S. Perdue, and C. E. Akers - No. 091547. Defendants, the West Virginia State Police and troopers/former troopers D. M. Nelson, A. S. Perdue, C. E. Akers, appeal the circuit court’s order denying their motion to dismiss. Grant  4- 1, (Ketchum, J.)

13.  Willis McLemore v. Kanawha County Board of Education (Kanawha County Schools), An Agency of the State of West Virginia; Clinton H. Giles, Individually and as an Employee of Kanawha County Schools; and Frank Thompson, Individually and as an Employee of Kanawha County Schools - No. 091549. Plaintiff Willis McLemore appeals the circuit court’s "Partial Dismissal Order," which was entered pursuant to Rule 54(b), and the court’s "Order Denying Plaintiff’s Motion to Alter or Amend Judgment." He asserts that the court should have converted the defendants’ motion to dismiss into a motion for summary judgment, that the court misapplied a statute requiring payment of wages, and that the court erred in ruling that his punitive damages claim is statutorily prohibited. Refuse  5- 0

14.  In re the Marriage of Charles D. Kittle and Susan R. Burke - No. 091564. Susan R. Burke appeals the circuit court’s order which refused a petition for appeal from the family court’s order denying Burke’s motion to relocate children to a different state. Grant  5- 0, consolidate with no. 35289

15.  The Shepherdstown Observer, Inc. v. Jennifer Maghan - No. 091567. The Shepherdstown Observer appeals the circuit court’s order dismissing its Freedom of Information Act complaint. The petitioner seeks access to zoning referendum petitions from the Clerk of the Jefferson County Commission, but the circuit court ruled that these documents were not subject to the Freedom of Information Act. Grant  5- 0

16.  Delores Halburn and Mark Halburn v. City of Hurricane, West Virginia, a municipal corporation, Ben Newhouse, individually and in his capacity as City Manager for the City of Hurricane, Cleveland Construction, Inc. d/b/a Cleveland Construction, Inc. of Nevada, and Kanawha Stone Company, Inc. - No. 091568. Plaintiff Delores Halburn appeals the circuit court’s order granting summary judgment for the defendant City of Hurricane on Mrs. Halburn’s claim of retaliatory selective enforcement of a municipal ordinance. Refuse  5- 0

17.  Mary J. Wells v. Key Communications, L.L.C. d/b/a West Virginia Wireless and Dennis Bloss - No. 091635. Plaintiff below, Mary J. Wells, appeals the circuit court’s order denying her motion for new trial after an adverse jury verdict in her age discrimination lawsuit. She argues that the court erroneously excluded admissible evidence regarding age discrimination against another employee of the defendant. Grant 2-2 (Ketchum, J., McHugh, J.) (Workman J. not participating )

18.  State of West Virginia v. Howard Kenneth Murray - No. 091586. Howard Kenneth Murray appeals his conviction for First Degree Murder under a felony murder theory. He asserts, inter alia, that it was unfair and contrary to law to convict him under a concerted action theory for the Attempted Burglary committed by his co-defendant. Grant 3-2 (Benjamin, J., Workman, J.)

19.  J. Enoch Hunter v. James F. Truman and John Truman - No. 091590. In a boundary line dispute, plaintiff below, J. Enoch Hunter, appeals the circuit court’s order granting partial summary judgment and order denying his motion to alter or amend that judgment. Refuse  5- 0

20.  State of West Virginia v. Edwin Lee Wright, II - No. 091593. Petitioner Edwin Lee Wright, II appeals his conviction and sentence for seven counts of Sexual Assault in the First Degree; one count of Sexual Abuse by a Parent, Guardian or Custodian; and two counts of Use of Obscene Matter to Seduce a Minor. He asserts that he was denied an impartial jury; improper vouching of the alleged victim’s credibility; that his sentence is cruel and unusual; material variations between the indictment and jury instructions; double jeopardy; improper prosecutorial comments; and insufficiency of the evidence. Refuse  5- 0

21.  In re: The Adoption of T.J. P. - No. 091595. Biological father appeals the circuit court’s order denying his motion to vacate an adoption order that terminated his parental rights and granted the stepfather’s petition to adopt. Petitioner asserts lack of proper notice of the adoption proceedings and fraud. Refuse 3-2 (Benjamin, J., Ketchum, J.)

22.  State of West Virginia v. Timothy C. Edmonds - No. 091597. Petitioner Timothy C. Edmonds appeals his convictions for three counts of sexual abuse by a person in a position of trust under West Virginia Code §61-8D-5. On appeal, petitioner argues that there was insufficient evidence presented at trial that the alleged victim was under his care, custody or control. Accept to Motion Docket

23.  John Carr v. West Virginia Department of Education and West Virginia Department of Juvenile Services - No. 091607. Petitioner John Carr filed a complaint alleging employment discrimination and workers’ compensation discrimination in his constructive discharge from his employment as a teacher with the Davis Center located in Tucker County, West Virginia. A jury found that the Respondents were not liable on any of the claims and found in favor of the Department of Education’s counterclaim against the Petitioner. Petitioner now appeals following the circuit court’s denial of his Motion for a New Trial. Refuse  5- 0

24.  State Farm Mutual Automobile Insurance Company v. Amber Tharp a/k/a Amber Phipps - No. 091613. This appeal concerns a declaratory judgment action by an insurer against an insured to determine if the insured had knowingly and voluntarily waived optional underinsured coverage. The Greenbrier County Circuit Court granted Summary Judgment in favor of State Farm Mutual Automobile Insurance Company. Refuse  5- 0

25.  State of West Virginia v. Douglas Bowles - No. 091614. Petitioner appeals his sentence of three to fifteen years in a penitentiary following his convictions on two counts of first degree domestic battery, brandishing a weapon, fleeing on foot and attempted kidnapping. Petitioner seeks to have his convictions set aside. Accept to Motion Docket

26.  David L. Ryder v. First National Bank, et al. - No. 091583. Petitioner, David L. Ryder, requests this Court to grant his petition for appeal seeking the Writ of Certiorari to be issued to the Circuit Court of Greenbrier County in connection with the lower court’s rulings dated January 28, 2009, February 25, 2009, and June 3, 2009. On appeal, Mr. Ryder requests to have this Court declare the September 11, 2003, Correction Deed null and void or, in the alternative, to remand this case to the circuit court for a new trial. Refuse  5- 0

27.  Charles C. Buckland, Jr. v. Tina M. Buckland - No. 091636. In this divorce action, Charles C. Buckland appeals the ruling of the Family Court, which was affirmed by the Kanawha County Circuit Court, awarding Tina M. Buckland 50% of the proceeds of an annuity which was funded with settlement proceeds arising out of a personal injury lawsuit brought under West Virginia Code §23-4-2 and alleging deliberate intent against Mr. Buckland’s employer. Refuse  5- 0

 
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