March 15, 2006 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Wednesday, March 15, 2006

1. Alice Clay, Admx. of the Estate of Robert Clay v. Kenneth R. Grant & Lana E. Grant t/a K&L Transport and Prime Inc. - 052522 - Plaintiff appeals from the circuit court's award of summary judgment in favor of defendant on the issue of joint venture or joint enterprise. Plaintiff appeals following the circuit court's entry of a Rule 54 order permitting an immediate appeal of the circuit court's dismissal of Prime, Inc., finding the same to be in the interest of judicial economy and fairness to all parties. - Refuse 4 - 1, Starcher.

2. Garry Kelly and Betty J. Kelly v. Eastern Associated Coal Corp. and Peabody Coaltrade, Inc. - 052676 - Plaintiffs in a deliberate intent case appeal the circuit court's order granting defendants' motion in limine and defendants' motion for summary judgment. - Refuse 4 - 1, Starcher.

3. Virgil Helton, WV State Tax Commissioner v. MBNA America Bank, N.A. - 052588 - Taxpayer appeals from the circuit court's order reversing the final decision of the office of tax appeals and denying taxpayer's cross-petition for appeal in this action regarding taxpayer's liability for West Virginia Corporate Net Income and Business Franchise Tax. - Grant 5 - 0.