May 25, 2004 Motion Docket, Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia

Motion Docket

Tuesday, May 25, 2004

1. Denis Chapman, et al. v. Cabell County BOE - 031637 - Petitioners appeal from the circuit court's order which affirmed the order of the WV Education and Public Employees Grievance Board denying their grievances. Petitioners are teachers who assert the respondent school board has violated the law by only permitting them forty-five minute planning periods rather than ninety minute planning periods. - Refuse 4 - 1, McGraw.

2. West Virginia-American Water Company v. Public Service Commission of WV - 040258 - Petition for appeal seeking suspension, review and reversal of a final order of the Public Service Commission in this rate case. West Virginia-American Water Company argues that the rate of return on investment established by the Order of the Public Service Commission is not an appropriate rate of return on equity, as it is not a rate that the Company's equity investors may reasonably expect to have the opportunity to earn on their investment. - Grant 3-2, Starcher & McGraw.

3. James Tolley and Nancy Tolley, his wife v. Carboline Company, et al. - 032384 - Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of defendant in this personal injury action. - Grant 4 - 1, Maynard.

4. George E. Carr, Sr. v. Dottie Hancock - 032762 - This is an action to reverse and remand the decision of the Circuit Court in a divorce case in which the Court upheld the decision of the Kanawha County Family Court upon an incomplete record and without making findings of fact and conclusions of law on matters concerning a prenuptial agreement, an inequitable division of marital assets and an award of alimony and attorney fees. - Grant 3 - 2, Maynard & McGraw.

5. Darlene G. Mechem, Personal Representative of the Estate of Dwight Arthur Mechum v. James Youngblood, Jr. - 032671 - Plaintiff appeals from the circuit court's order denying plaintiff's motion for leave to amend pleadings and name additional defendants. - Refuse 3 - 2, Starcher & Albright.

6. State of W. Va. v. Krista L. Turner - 040100 - Petitioner appeals from the order which revoked her probation and imposed a previously ordered sentence for convictions of grand larceny and forgery. - Refuse 4- 1, Starcher.

7. Elizabeth Bailey v. Raleigh County BOE - 032844 - Petitioner appeals from the circuit court's order affirming the decision of the grievance board denying petitioner's grievance. Petitioner alleged that she was improperly removed from an extracurricular, after-school/Saturday detention program. Petitioner seeks reinstatement into the extracurricular assignment, retroactive wages and benefits, interest, costs and attorney's fees. - Refuse 3-2, Maynard & McGraw.

8. State of W. Va. v. Harold Donovan Taylor - 032852 - Petitioner appeals the circuit court's order which refused to seal records relating to petitioner's conviction. - Refuse 3-2, Starcher & Albright.

9. Parkette, Inc. v. Micro Outdoors Advertising, LLC, Morgantown Excavators, Inc., Parker Electric & Sign Service, Inc, and Cornerstone Engineering, Inc. - 040108 - Petitioner, Parkette, Inc., appeals from the lower court's granting of summary judgment. On appeal, it is alleged that the Court erred because issues of fact exist for a jury. - Grant 5 - 0.

10. State of W. Va. v. Keyston Jamory West - 040051 - Petitioner appeals his conviction for first degree murder without a recommendation of mercy. - Refuse 3 - 2, Starcher & Albright.

11. Garret M. Hicks, by Donna J. Saus, et al. v. Todd A. Jones, et al., and Liberty Mutual Fire Insurance Co. - 040216 - Defendant insurance company appeals from the circuit court's Rule 54(b) order holding that a settlement for "net" lost wages violated the Unfair Trade Practices Act. - Grant 4- 1, McGraw.

12. State of W. Va. v. Rick Allen Maynard - 040241 - Defendant appeals from his conviction on driving on a revoked operator's for DUI 3rd offense. He also appeals from the circuit court's order refusing to give him credit for time spent on home confinement awaiting trial. Defendant seeks either a new trial, credit for the four months that he spent on home incarceration, or consideration of home incarceration as an alternative to further prison time. - Refuse 3 - 2, Starcher & Albright.