Supreme Court of Appeals of West Virginia

 gavel     Argument Docket    

Wednesday, November 7, 2001

1.  *(1) A K. H. v. Linda Dorsey, et al.  - 29324- Plaintiff appeals from the circuit court's order granting defendant's Rule 50(b) motion for judgment as a matter of law finding that plaintiff's claims were barred by the statute of limitations. - Dismissed. 

2.  Denise Jarvis Hannan v. Jeffrey L. Baker  - 29775  - The petitioner, Jeffrey Lynn Baker, appeals from an order entered in the Circuit Court of Kanawha County adopting the recommended decision of the Family Law Master concerning the petitioner's obligation to pay child support.  The primary question is whether income the petitioner received from the exercise of stock options should be included in the calculation of his gross income. The petitioner contends that the exercise of those options were isolated incidents and that, therefore, the stock options were not really part of his gross income.


3. Fred Lamphere v. Consolidated Rail Corp., et al.  - 29691 - Defendant appeals from the circuit court's order granting a new trial in favor of plaintiff after a verdict was rendered in favor of defendants in this action brought pursuant to the Federal Employer's Liability Act. Plaintiff alleged that defendant failed to provide him with a safe place to work, which caused him to develop mesothelioma.

 

4.  Steven L. Story, Guardian v. Eleanor Worden, et al.  - 29773 - Plaintiffs appeal from the circuit court's award of summary judgment in favor of defendants in this personal injury action. 

5. Herbert Dale Stover v. Morris Milam  - 29762 - Defendant appeals from the circuit court's order granting, in part, plaintiff's motions under Rules 59 and 60 of the West Virginia Rules of Civil Procedure in this action over a disputed right-of-way.

    Herbert Dale Stover v. Morris Milam  - 29763 - Plaintiff appeals from the circuit court's order granting, in part, his Rule 59(e) and Rule 60(b) motions in this action involving a semi-public right-of-way.
    

6.  Herbert Howerton v. Tri-State Salvage, Inc. - 29640 - Plaintiff appeals from the circuit court's denial of his motion to reconsider the circuit court's earlier order, which denied plaintiff's motion to reinstate his personal injury action.

7.  John E. Porter, Jr. v. Pebble I. Porter -  29333 -  Continued to January 22, 2002.

8.  State of W. Va. v. Rickey Carey -  29325 - The petitioner, Rickey Carey, appeals from his conviction in the Circuit Court of Jefferson County of murder of the first degree without mercy.

9. State of W. Va. v. Kenneth Chapman - 29633 - The petitioner, Kenneth James Chapman, appeals from his convictions in the Circuit Court of Logan County of two counts of malicious assault. The petitioner, who entered pleas of guilty to those offenses, contends that the Circuit Court failed to make a sufficient determination upon the question of whether the petitioner was mentally competent to enter the pleas.

10.  State of W. Va. v. Dean E. Gamble - 29562 - The petitioner, Dean E. Gamble, appeals from an order entered in the Circuit Court of Nicholas County sentencing him to 1 to 3 years in the penitentiary for the felony offense of attempted forgery. In sentencing the petitioner, the Circuit Court determined that the petitioner was entitled to credit for time served after September 15, 1999, the date the State of West Virginia sought the petitioner's extradition from North Carolina. The petitioner contends that the Circuit Court should have granted him additional credit for time served between March 18, 1999 (when the petitioner's West Virginia surety obtained a bailpiece seeking the petitioner's return from North Carolina) and September 15, 1999.

11.  Farmers & Mechanics Mutual Insurance Co. v. Gerald Cook, et al. - 29841- The petitioner, Leah D. Buckler, challenges a summary judgment entered in the Circuit Court of Hardy County in favor of the respondent, Farmers and Mechanics Mutual Insurance Company. In the underlying action, Ms. Buckler alleged a wrongful death claim against Gerald and Brenda Cook arising from the shooting death of Homer G. Buckler.

       Farmers & Mechanics Mutual Insurance Co. v. Gerald Cook, et al.  - 29842 - The petitioners, Gerald Cook and Brenda Cook, challenge a summary judgment entered in the Circuit Court of Hardy County in favor of the respondent, Farmers and Mechanics Mutual Insurance Company.

12.  Grady D. Hager v. Pauline Kay Hager - 29688 -  Petitioner husband appeals from the circuit court's order affirming the family law master's alimony award to respondent wife seeking either a reversal of that award or a remand to the family law master for a recalculation of petitioner's alimony obligation.  - To be presented on briefs only without oral argument.

13.James Jasper, et al. v. Farmers & Mechanics Mutual Insurance Co., et al.  - 29777 - Dismissed. 

14.  Geraldine Willard, et al., Co-Executors v. Gary Eugene Whited, Executor - 29327 - Plaintiffs appeal from the circuit court's order dismissing their action for declaratory judgment.
     

15.  SER Kevin Callahan v. Hon. Katherine Santucci, Magistrate - 29103 - Petitioner appeals from the circuit court's denial of his petition for a writ of mandamus to compel the magistrate court to conduct an evidentiary hearing in this misdemeanor action.

 

*(1) This case will be heard at 2:00 p.m.
Justice Albright disqualified
Judge Murensky sitting by temporary assignment

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Wednesday, November 07, 2001