Supreme Court of Appeals of West Virginia
Miscellaneous Motions Conference

Wednesday, March 21, 2001

 

1.

Michael A. Davenport

No.27869

Grant 4-0
[Davis, J., Disqualified]

 

Petitioner in Alice F. Harmon v. Workers’ Compensation Appeal Board, No. 27869, seeks to file petition for a rehearing out-of-time.

 

2.

Christopher K. Robertson

No. 010472

Grant 5-0

Petitioner in State of West Virginia v. Herman R. Palmer, No. 010472, seeks expedited consideration of his petition for appeal.

 

3.

Michael J. Farrell

Tamela J. White

Paul V. Morrison, II

No. 28738

Grant 5-0

Appellee in June Glover v. St. Mary’s Hospital of Huntington, Inc., No. 28738, moves to supplement the record with complete deposition transcripts.

4.

Martha E. Barber

No. 010510

Grant 5-0
Unless Sooner Mooted

Petitioner in Barbara Taylor, Chief Office of Water Resources, Division of Environmental Protection v. Honorable Andrew N. Frye, Jr., No. 010510, seeks a writ of mandamus to compel the respondent judge to rule upon the DEP’s pending appeal.

 

5.

Allen R. Prunty

Gretchen E. Pyles

No. 010190

Refuse 3-2
[Davis, J, Maynard, J.]

[ Remand to Wcab for Consideration of Relevance of Evidence Attached to Petition for Appeal and Review of Any Evidence Offered in Response Thereto.

Maynard, J. Would Grant But JoinsIn Decision to Remand.

Davis, J. Would Grant on Basis That Both Parties Were Represented by Counsel, That All Evidence Should Be Presented And Included in the Record Before The OOJ and New Evidence Should not be Filed With This Court. ]

Employer in Russell Parsons v. West Virginia Workers’ Compensation Division, No. 010190, moves to strike an x-ray report and an ILO form that was not introduced into evidence while this claim was pending before the Division or the Office of Judges.

 

6.

Harley O. Staggers, Jr.

No. 003004

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

Claimant in Joseph D. Butts v. Workers’ Compensation Division, No. 003004, moves to strike facts and arguments based therein in respondent’s response.

 

7.

Edward M. George, III

No. 28866 (991559- old#)

Refuse 4-1

[ Remand to Wcab for Consideration of Relevance of Evidence Attached to Petitionfor Appeal and Review of Any Evidence Offered in Response Thereto.

Maynard, J. Would Grant but JoinsIn Decision to Remand. ]

Employer in Jerry G. Genther v. WCD, No. 28866, seeks to strike exhibits appended to petitioner’s petition for appeal.

 

8.

Michele Grinberg

No. 01-043

Grant 5-0

Appellee Hospital in Elias H. Khoury, M.D. v. Roane General Hospital Foundation, Inc. d/b/a Roane General Hospital, No.01-043, moves for a protective order as contemplated by the West Virginia Health Care Peer Review Organization Protection Act.

9.

Harley O. Staggers, Jr.

No. 010478

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

Petitioner in Christine B. Phares v. Phil Jordan, Judge of the Circuit Court of Mineral County, No. 010478, seeks a writ of prohibition to prohibit the lower court from enforcing its order that plaintiff submit to an independent medical examination.

 

10.

D. Scott Tyree

No. 01-032

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

Respondent/mother in In re: Brandon G., No. 01-032, moves for a stay of an order of the lower court terminating her parental rights pending appeal.

 

11.

Scott A. Curnutte

No. 010555

Grant 4-1
[McGraw, C.J.]

Petitioners in State ex rel. Brandon Lang and Carol Joe Lang v. The Honorable Alan Moats, No. 010555, seek a writ of prohibition to prohibit the lower court from conducting further proceedings in a grandparent visitation action and seek to block a final evidentiary hearing set for March 30, 2000.