Supreme Court of Appeals of West Virginia

 Argument Docket  
Tuesday, March 2, 2010

* Please note: #5 Doris Michael v. Appalachian Heating, et al. - 35127 - will be called  at  2 P.M.
 AND
 #8 In Re: John T., Michael T., Natalie T. and Clare T. - 35281 will be called immediately following #5.

1.  Jefferson Orchards, Inc. v. Jefferson County Zoning Board of Appeals, et al. - 35129 - Jefferson Orchards, Inc. appeals the circuit court's order in a certiorari case regarding a conditional use permit to build a residential development in a rural district. This case was previously before this Court and was remanded for reconsideration in light of this Court's opinion in Far Away Farm, LLC v. Jefferson Board of Zoning Appeals, et al.. Petitioner asserts that on remand the circuit court applied the wrong standard of review; applied an analysis and criteria from an ordinance that this Court held in Far Away Farm does not apply; exceeded the scope of the remand order; and violated petitioner's rights to due process and equal protection.

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief
• Reply Brief

2.  Dianna Brekke Storrie v. Christopher Michael Simmons - 35289 -  Dianna Brekke Storrie appeals the circuit court's order which denied a petition for appeal of a family court order denying her motion to modify a parenting plan and notice of relocation.- To be presented on briefs only without oral argument. 

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief

     Charles D. Kittle v. Susan R. Burke - 35445 - Susan R. Burke appeals the circuit court's order which refused a petition for appeal from the family court's order denying Burke's motion to relocate children to a different state.-  This case will be orally argued. 

• Circuit Court Order
• Appellant's Brief 
• Appellee's Brief 
• Guardian Ad Litem's Brief 
• Reply Brief

3.  In Re: Isaiah A. - 35031- Guardian ad litem appeals circuit court order declining to terminate Mother's parental rights and placing young child in permanent foster care. - Continued to March 30 

• Circuit Court Order - on file in the Supreme Court Clerk's Office
• Petition/Brief of the Appellant
• Appellee's Brief/DHHR 
• Appellee's Brief/Mother

4.  Ella Montgomery and Margaret Bowers v. William Callison, Jr. and Cecil Callison - 35126 - Defendants appeal from an adverse jury verdict in this action to set aside two recorded deeds conveying farm properties. The jury returned a verdict in favor of plaintiffs and found that the deeds were not properly delivered and were ineffective to convey the real estate described therein. - Continued to April 21

5.  Doris Michael and Todd Battle v. Appalachian Heating, LLC and State Auto Ins. - 35127 - Defendant presents this petition for appeal on the following Certified Question from the Kanawha County Circuit Court:

"May a plaintiff present a cause of action against a tortfeasor's insurance carrier pursuant to the West Virginia Human Rights Act, West Virginia Code §5-11-9(A), when it is alleged that a tortfeasors' insurance carrier discriminated against the plaintiffs because they are African-American and reside in public housing?  Circuit Court: Yes." - THIS CASE WILL BE CALLED AT 2 P.M. Justices Benjamin and Workman disqualified. Judges Wilson and Canady sitting by temporary assignment.

• Circuit Court Order
• Petitioner's Brief
• Respondent's Brief
• Reply Brief

6.  Vernon Thompson v. Robert Hatfield - 35128 - Defendant Robert Hatfield appeals the circuit court's order which, inter alia, awarded a 2/7 interest in property to plaintiff Vernon Thompson in a partition suit.

• Circuit Court Order
• Appellant's Brief
• Appellee's Brief
• Reply Brief

7.  John David Mooney v. Michael Frazier and Frazier & Oxley, L.C. - 35224 - The circuit court certifies the following questions:

1. Whether the statute of limitations on a legal malpractice action stemming from the defense of a criminal defendant begins to run when the criminal defendant files a habeas corpus petition claiming that he suffered in effective assistance of counsel in the underlying proceedings? Circuit Court's Answer: Yes.

2. Is a criminal defendant collaterally estopped from filing a civil legal malpractice claim against his attorney until the underlying criminal conviction is overturned? Circuit Court's Answer: No.

3. Whether, under West Virginia law, an attorney who is court appointed to represent a criminal defendant in a federal criminal prosecution is immune from purely state law claims of legal malpractice stemming from the underlying criminal proceedings? Circuit Court's Answer: No.

• Circuit Court Order
• Petitioner's Brief
• Respondent's Brief
• Reply Brief

8.  In Re: John T., Michael T., Natalie T. and Clare T. - 35281 - Mother appeals circuit court order requiring her to pay Father's attorney fees and costs in abuse and neglect action. - THIS CASE WILL BE CALLED IMMEDIATELY FOLLOWING NO. 35127 AT 2 P.M. Justice Benjamin disqualified. Judge Wilson sitting by temporary assignment.

• Circuit Court Order - on file in the Supreme Court Clerk's Office
• Appellant's Brief
• Appellee's Brief
• Reply Brief

The briefs and other filings are provided in PDF format. 
 Download free Reader