Converted WP file july15m

Supreme Court of Appeals of West Virginia
Miscellaneous Motions Conference

Thursday, July 15, 1999

1.	Ancil G. Ramey No. 26355 Refuse 5-0	Motion of Dr. Benavides to Dismiss Kent Gerver v. Aurelio Benavides, M.D., No. 26355, scheduled for submission October 5, 1999. It is argued that the Court is without jurisdiction because this matter involves an appeal from an Order awarding a new trial. An Order setting aside a verdict and awarding a new trial does not constitute a final judgment. The change in statutory authority to entertain an appeal from the award of an interlocutory order awarding a new trial is noted. See, W.Va. Code § 58-5-1.
2.	John McFerrin No. 25950 Under Advisement	Motion of the West Virginia Human Rights Commission to Dismiss Tom's Convenient Food Mart, Inc. d/b/a Whitewater Information v. West Virginia Human Rights Commission and Charles Akins, No. 25950, scheduled for submission September 21, 1999. The WVHRC seeks dismissal on the grounds that the Appellant, Tom's Convenient Food Mart, Inc. has not filed a brief in accordance with the Court's briefing schedule.
3.	Lynn C. Photiadis No. 991482 Grant 4-1 [McGraw, J.]	Motion of Bell Atlantic-West Virginia, Inc. to strike Exhibit in Roy L. French v. B.U.C.D and Bell Atlantic-West Virginia, Inc., No. 991482. Bell Atlantic argues that a letter from the billing clerk of the Department of Veterans Affairs dated May 28, 1999 was not admitted below, is not part of the record, is unsworn, inaccurate and intended to inflame.
4.	Harley E. Stollings No. 25893 Grant 5-0	Appellant's, James Robert Stephens, Motion to Supplement in State of West Virginia v. James R. Stephens, No. 25893. Seeks to supplement with excerpt of trial transcript showing that a motion for a mistrial was requested and denied.
5.	J. Franklin Long No. 26422 Grant 5-0	Appellant's, Dollie Huffman, Motion for Leave to Proceed with Discovery and the Retention of Jurisdiction by the Circuit Court of Mercer County for the Sole Purpose of Resolving Discovery Disputes in SER Dollie Huffman, Administratrix of the Estate of Kayla Rene Huffman v. Honorable Booker T. Stephens, No. 26422, scheduled for submission September 1, 1999. Appellant notes that written discovery has been exchanged and depositions scheduled. It is stated that the case will be tried in Mercer or McDowell County, depending upon the decision of the Court on the venue issue and there is no need for discovery to be stayed. It will not be prejudicial for the Circuit Court of Mercer County to resolve any discovery disputes during the time that the Court is considering the Writ of Prohibition. Response filed by Joseph P. Nieto D.O. requesting that the motion be denied.
6.	Catherine Bond Wallace No. 991896 Grant 5-0	Petition for a Writ of Mandamus in William R. Matney v. Honorable Kendrick King, No. 991896. Petitioner seeks to compel Judge King to enter orders in a matter pending before him. A Motion for Default Judgment was filed January 7, 1997. A Motion to Compel was filed July 29, 1998 and a Motion for Summary Judgment was filed July 29, 1998. The underlying action is one for unpaid wages that was filed in 1993.
7.	Catherine Bond Wallace No. 991899 Grant 5-0	Petition for Writ of Mandamus in Catherine Christian v. Honorable Kendrick King, No. 991899. Petitioner states that on February 5, 1999 a proposed Order Approving Final Divorce Decree with Amendment, signed by both parties was sent to Judge King. On April 27, 1999 a letter was sent to Judge King regarding entry of the Order. Telephone calls have also been made. It is asserted that the parties and the children are suffering from insecurity and uncertainty due to the delay in entering the Order.