1. Dale T. Brant v. James Davis, Jr. - No. 012523. Petitioner appeals from the circuit court’s order denying his petition for a writ of prohibition. Petitioner sought to enjoin the respondent from holding a trial on the indictment against him.

Accept To Motion Docket

 

2. Linda J. Kelley v. Freddie B. Kelley - No. 020444. Petitioner husband appeals from the circuit court’s orders concerning the establishment of a parenting plan and petitioner’s request for a modification of alimony and child support. The primary custodian (respondent mother) remained the same, alimony was not modified and child support was set at $498.40 per month.

Refuse 5-0

 

3. Duane E. Drennen v. Pamela L. Drennen - No. 020452. Petitioner appeals from the circuit court’s order in this divorce action. She asserts that the circuit court erred in refusing to award her alimony, ownership of the marital home, and adequate attorney fees and costs. She also challenges certain credits, which the circuit court gave to respondent in equitable distribution.

Grant 4-1
[ Maynard, J. ]

 

4. David Stanley v. Linn Mining Co., et al. - No. 020557. Plaintiff, a judgment creditor, seeks a reversal of the circuit court’s order which found that the intervenor bank’s perfected security interest in proceeds derived from the mining of coal had priority over plaintiff’s security interest.

Grant 5-0

 

5. Pamela Davis v. Robert Worden - No. 020559. Defendant appeals from the circuit court’s order that vacated an earlier order dismissing defendant from this action following a settlement.

Refuse 4-1
[ Davis, C.J. ]

 

6. Louis Pelliccioni v. Debra Pelliccioni - No. 020566. Petitioner appeals from the circuit court’s order affirming the recommended decision of the family law master, which denied both an extension of alimony and a modification of child support as requested by petitioner.

Grant 4-1
[ Maynard, J. ]

 

7. Michele M. Beto, Jr. v. Daniel Stewart, M.D. - No. 020567. The petitioner, Michele M. Beto, appeals from an order entered in the Circuit Court of Harrison County denying her motion to hold the respondent, Daniel H. Stewart, M.D., in contempt for "discovery obstruction." In the underlying matter, the petitioner prevailed in a medical malpractice action against the respondent physician, and the respondent’s appeal was refused, in March 2002, by this Court. This matter is collateral thereto. The petitioner contends, inter alia, that the Circuit Court abused its discretion in not conducting an evidentiary hearing upon the contempt motion.

Grant 5-0

 

8. Roger Mullins v. Beverly Dean Bowles - No. 020569. This is a boundary dispute matter wherein the petitioner, Roger Mullins, appeals from an order entered in the Circuit Court of Kanawha County dismissing his complaint against the respondent, Beverly Dean Bowles. The dismissal, entered pursuant to Rule 12(b)(6) of the West Virginia Rules of Civil Procedure, was granted upon the ground of res judicata. The petitioner contends that the boundary line in question was not the subject of earlier proceedings before the Circuit Court and that, therefore, res judicata did not apply.

Accept To Motion Docket

 

9. Samuel McGilton v. Wheeling Race Track Downs - No. 020577. The petitioner, Samuel McGilton, appeals from an order entered in the Circuit Court of Ohio County dismissing his case against the respondent, Wheeling Downs Race Track and Gaming Resort, for failure of the petitioner to exhaust his administrative remedies. The petitioner, who had a $185 winning ticket dispute with the respondent, filed a civil action, rather than pursuing an appeal before the West Virginia Racing Commission. The petitioner contends, inter alia, that the administrative remedies notwithstanding, he had a common law right to institute and proceed with the civil action.

Refuse 5-0

 

10. SER John Samuel Moore v. William Haines, Warden - No. 020643. The petitioner, John Samuel Moore, appeals from an order entered in the Circuit Court of Cabell County denying his petition for a writ of habeas corpus. In the underlying proceeding, the petitioner entered pleas of guilty to 2nd degree sexual assault and 1st degree sexual abuse. The petitioner’s direct appeal to this Court was refused in October 1992. The petitioner contends, inter alia, that he was entitled to habeas relief because 2nd degree sexual assault was not a lesser included offense of any charge for which the petitioner was indicted.

Refuse 4-1
[ Albright, J. ]

 

11. State of West Virginia v. Charles E. Canterbury - No. 020549. This is a certified question case wherein the operator of a pawnshop, petitioner Charles E. Canterbury, was indicted for alleged violations of W.Va. Code, 61-3-51 [1981], which concerns the reporting of information concerning the purchase of precious metals and precious gems. The petitioner moved to dismiss the indictment upon the ground that the statute applies to "purchases" but not to bailments, such as pawn transactions. The Circuit Court agreed. The State, however, contends that the intent of W.Va. Code, 61-3-51 [1981], and the definition of the term "purchases," include the activities of pawnshop operators.

Refuse 4-1
[ Starcher, J. ]

 

12. William T. McCoy v. Scott Miller, M.D., et al. - No. 020621. This appeal arises from events following the decision of this Court in McCoy v. C.A.M.C., 210 W.Va. 324, 557 S.E.2d 378 (2001). The petitioners, William McCoy and Beverly McCoy, who have since alleged a new theory of liability in their malpractice action against the respondent physicians, appeal from orders entered in the Circuit Court of Kanawha County dismissing the action (and new theory) as untimely filed. The petitioners contend that, in so ruling, the Circuit Court failed to properly apply the discovery rule.

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

 

13. City of Cameron v. Nancy L. Parsons - No. 020623. This is a certified question case wherein the petitioner, The Marshall County Commission, challenges the rulings of the Circuit Court of Marshall County which were favorable to the respondent, Nancy L. Parsons, Administratrix. The decedent, a designated pyrotechnic operator and member of the Cameron Volunteer Fire Department, died as the result of an accident during the annual fireworks display of the City of Cameron. The petitioner, The Marshall County Commission, contends that the Circuit Court committed error in holding that it was not entitled to immunity under the West Virginia Governmental Tort Claims and Insurance Reform Act.

Accept To Motion Docket

 

14. City of Cameron v. Nancy L. Parsons - No. 020624. This is a certified question case wherein the petitioners, The City of Cameron and the Cameron Volunteer Fire Department, challenge the rulings of the Circuit Court of Marshall County which were favorable to the respondents, Nancy L. Parsons, Administratrix, et al. The decedent, a designated pyrotechnic operator and member of the Cameron Volunteer Fire Department, died as the result of an accident during the annual fireworks display of the City of Cameron. The petitioners contend that the Circuit Court committed error in holding that they were not entitled to immunity under the West Virginia Governmental Tort Claims and Insurance Reform Act.