Supreme Court of Appeals of West Virginia
Motion Docket
Tuesday, May 23, 2006
1. Rick Alan Booth, II and Jennifer Booth v. National Casualty Co. - 052965 - Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of the third-party defendant insurer on the issue of coverage. - Refuse 3 - 2 , Starcher & Albright.
2. Lonnie T. Campbell, et al. v. Hon. James J. Rowe, Judge, et al. - 052984 - Plaintiffs appeal the circuit court's order granting summary judgment to defendant the WV Department of Transportation, Division of Highways and the circuit court's order granting summary judgment to defendant Nationwide Mutual Insurance Company. - Grant 5 - 0.
3. Daniel R. Strahin v. Earl Sullivan and Farmers & Mechanics Mutual Insurance Co. of West Virginia, Inc. - 052974 - Plaintiff Daniel Strahin appeals the circuit court's order granting summary judgment in favor of Farmers & Mechanics Insurance Company of West Virginia, Inc. on plaintiff's Shamblin v. Nationwide claim which had been assigned by the defendant Earl Sullivan. The court found that because a pre-trial Covenant Not to Execute between the plaintiff and the defendant insured meant that the insured's personal assets were no longer at risk, then there can be no Shamblin claim. - Grant 3 - 2 , Maynard & Benjamin.
4. Ameriquest Mortgage Co. v. Eugene E. Brown and Debra A. Brown - 060017 - The defendants appeal the circuit court's order granting partial summary judgment in favor of the plaintiff mortgage company. The court ruled that while the defendants' counterclaim raises triable issues which remain for adjudication, these issues do not raise a defense to plaintiff's suit to take possession of property after a foreclosure sale. - Refuse 3 - 2 , Starcher & Albright.
5. State of W. Va. v. Brusie "Don" Lanham - 060176 - This is an appeal from the order of the circuit court denying the motion for a new trial filed by petitioner who was convicted of felony-murder. Petitioner was sentenced to life in prison without the possibility of parole. - Grant 4 - 1, Maynard, on issue # 1 only.
6. State of W. Va. v. Aaron Nelson - 060066 - Petitioner appeals his conviction for first degree murder, first degree sexual assault, and kidnapping. He was sentenced to life without a recommendation of mercy for murder, 15 to 35 years for sexual assault, and life without a recommendation of mercy for kidnapping, said sentences to run consecutively. - Refuse 3 - 2 , Starcher & Albright.
7. Harold B. Wolfe and Luther Ellison v. Vips Alfizar - 060151 - On October 4, 2004, petitioners filed a Petition to enjoin Vips Alpizar from blocking access of plaintiffs across Turkey Creek and sought an Order that the Defendant construct a bridge across Turkey Creek. Summary Judgment was granted in favor of Vips Alpizar. Petitioner now appeals the circuit courts denial of their Motions for Reconsideration, Amendment to the Complaint and Summary Judgment. - Grant 5 - 0.
8. Peggy S. Helms and Larry S. Helms v. Medical Assurance of West Virginia, Inc. - 060149 - Petitioner, the Medical Assurance of West Virginia, Inc., seeks a reversal of the circuit court's Order denying a request for Summary Judgment. Petitioner had argued below that the plaintiffs failed to file the Complaint within the one year statute of limitations pursuant to Klettner v. State Farm Mutual Auto Insurance Company. - Dismissed.
9. Randall Renaldo v. Lois Renaldo - 060147 - The following case stems from a post divorce domestic relations proceeding. Petitioner prevailed below in the Family Court and the Court reduced the child support to $0.00. The Circuit Court overturned that part of the decision and petitioner now seeks to have the Family Court's decision reinstated. - Refuse 5 - 0.
10. Gary Wolfingbarger v. Pricie Fern Wolfingbarger - 052962 - Petitioner husband appeals from the final order of the family court refusing to enforce the terms of a written property settlement agreement executed by the parties in connection with their divorce proceeding and from the circuit court's order upholding the family court's decision. - Grant 5 - 0.
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