January 25,
2007
1. Roger, Jr. and Ronette Ooten, et al. v. Massey Coal Services, Inc., et al. - No. 061853. Plaintiffs appeal from the trial court’s omnibus final order ruling upon all post-trial motions, including plaintiffs’ requests for attorney fees and expert witness fees and denying plaintiffs’ post-trial motion for a new trial and for post-trial discovery.
Refuse 3 - 1
(Benjamin, J.)
(Davis, C. J. Disqualified)
2. Roger, Jr. and Ronette Ooten, et al. v. Massey Coal Services, Inc., et al. - No. 061854. The Massey defendants appeal from the trial court’s orders (1) denying Massey’s renewed motion for judgment as a matter of law that the loss of ground water is not a violation of the West Virginia Surface Coal Mining Reclamation Act; (2) denying Massey’s renewed motion for judgment as a matter of law and that plaintiffs’ claims of subsidence/differential settlement damage were not supported by the evidence; (3) denying Massey’s motion for a new trial on its breach of contract claim against East Kentucky Water Company; and, (4) granting plaintiffs’ motion for attorney fees and expert witnesses fees under the fee-shifting provision contained in the WVSCMRA.
Refuse 3 - 1
(Benjamin, J.)
(Davis, C. J. Disqualified)
3. Michael Rinard, Carolyn Oates, James Richard Saville, and Edith R. Saville v. Fred Leon Shiflet, III and Karen Ann Shiflet - No. 062716. Defendants appeal from the circuit court’s order granting summary judgment in favor of plaintiffs in this action seeking a temporary and permanent injunction enjoining defendants from blocking and denying plaintiffs access to their real estate over plaintiffs’ right-of-way.
Refuse 5 - 0
4. State of West Virginia, Ex Rel. Daniel W. Mishow v. William S. Haines, Warden, Huttonsville Correctional Center - No. 062784. Petitioner appeals from the circuit court’s order denying his petition for a writ of habeas corpus.
Refuse 4 - 1
( Albright, J.)
5. Sandra Lynn Foster (now Lilly) v. James Tyrone Foster - No. 062733. Plaintiff wife appeals from the circuit court’s order reversing the family court and determining that respondent father’s claim for overpayment of child-support was not time-barred.
Grant 4 - 1
(Maynard, J.)
6. State of West Virginia v. Jonathon Freemont Ray - No. 062735. Defendant appeals his convictions on multiple sexual offenses. Defendant raises various issues, including whether he was competent to stand trial and his sentencing.
Accept To Motion Docket
7. Richard Hill and Robin Hill v. Mid-Town Motors, Inc., d/b/a John Howard Motors, a West Virginia Corporation, American Isuzu Motors, Inc., a foreign corporation not authorized to do business in West Virginia, and Fairmont Federal Credit Union, a West Virginia Corporation - No. 062736. Defendant American Isuzu Motors, Inc. appeals from the circuit court’s order granting, in part, defendant Midtown Motors, Inc.’s motion for reimbursement, costs, and attorney’s fees. This claim arises out of the underlying lemon law litigation.
Refuse 5 - 0
8. State ex rel. David Allen Rowe v. Division of Corrections - No. 062739. David Allen Rowe appeals the denial of his petition for habeas corpus. He was previously convicted of four counts of Sexual Abuse by a Guardian.
Refuse 5 - 0
9. Grandeotto, Inc., a corporation v. City of Clarksburg, a municipal corporation - No. 062764. Grandeotto, Inc. appeals the circuit court’s order which granted summary judgment in favor of the City of Clarksburg in Grandeotto’s lawsuit asserting fraudulent misrepresentation or negligent misrepresentation.
Grant 4 - 1
(Maynard, J.)
10. State ex rel. Alan D. Baker v. David H. Bolyard, Director, Division of Motor Vehicles, State of West Virginia - No. 062766. Alan D. Baker appeals the circuit court’s order which affirmed the decision of the Division of Motor Vehicles to suspend his driver’s license based upon his conviction for DUI following a nolo contendere plea.
Grant 5 - 0
11. State of West Virginia v. Richard Allen Haines- No. 062781. Richard Allen Haines appeals his conviction for one count of felony Delivery of a Schedule II Controlled Substance, to wit: methamphetamine.
Grant 5 - 0
on issue 2 only
12. Mark Roberts v. West Virginia American Water Company, a West Virginia corporation; Kanawha County Commission; E. L. Robinson Engineering Co., a Virginia corporation; and FAMCO Contracting, Inc., a West Virginia corporation - No. 062796. Plaintiff in a property damage case appeals the circuit court’s summary judgment orders which dismissed the claims against three defendants based upon the statute of limitations.
Accept To Motion Docket
13. In re the Marriage of: Tracy Michelle Houck Raines and David Lewis Raines - No. 062797. David L. Raines appeals the portion of the circuit court’s order which affirmed the family court’s award of partial attorney’s fees and costs to Tracy Raines (now Meadows).
Refuse 5 - 0
14. Ronsford Burford and Juanita F. Burford, his wife, v. Jeffrey Smith, Timothy Smith, and Carl Smith, Jr. - No. 062820. Plaintiffs Mr. and Mrs. Burford appeal the circuit court’s order denying their Motion for Judgment as a Matter of Law or, in the alternative, Motion to Set Aside the Jury Verdict in a boundary dispute case.
Refuse 5 - 0
15. Mary Alice Florio and Michael Florio v. Trustees of the Ohio Valley Christian Center of the Assemblies of God, an unincorporated religious association - No. 062821. Plaintiffs appeal the circuit court’s order denying their motion for new trial after a bench trial. Their suit alleged that the defendant took an easement and committed multiple torts.
Refuse 4 - 1
( Albright, J.)
16. Norman Lilly v. Board of Education of the County of Fayette - No. 062873. Norman Lilly appeals the circuit court’s order which affirmed the Education and State Employees’ Grievance Board’s order denying Lilly’s employment grievances. Mr. Lilly asserts that the Fayette County Board of Education violated the law in its handling of two extra-duty bus operator assignments.
Refuse 5 - 0
17. Highmark of West Virginia, Inc. d/b/a Mountain State Blue Cross Blue Shield v. Sharooz S. Jamie, M.D. - No. 062793. Dr. Jamie files this petition seeking reinstatement of his counterclaims which were dismissed pursuant to a W. Va. R. Civ. P. 12(b)(6) motion.
Accept To Motion Docket
18. Brian M. Powell v. Steven L. Paine, State Superintendent of Schools - No. 062874. Petitioner appeals a decision by the State Superintendent of Education suspending the petitioner’s teaching license for a period of four years. The Circuit Court affirmed the Superintendent’s decision.
Accept To Motion Docket
19. State of West Virginia v. Vernon Rice - No. 062875. Petitioner seeks an appeal of the Sentencing Order of the Circuit Court of Ohio County wherein the Court sentenced petitioner to one to ten years in the State Penitentiary for the guilty plea of Obtaining Money by False Pretenses. On appeal, petitioner requests a reversal of the circuit court’s sentence of incarceration to allow the petitioner the opportunity of probation.
Refuse 5 - 0
20. State of West Virginia ex rel, Scott Marshall v. State of West Virginia - No. 062914. Petitioner seeks review of the Jefferson County Circuit Court’s denial of a new trial based upon a petition for Habeas Corpus.
Accept To Motion Docket
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