Supreme Court of Appeals of West Virginia

gavel Argument Docket  
Tuesday, November 9, 2004

SUPREME COURT CHAMBER
State Capitol

1.  Edson R. Arneault v. Margaret B. Arneault  - 31772 - Petitioner wife appeals from the circuit court's order denying her petition for a writ of prohibition and/or mandamus seeking to require the family court to award her suit money, living expenses in the form of pendente lite alimony, and an advance on her share of marital property subject to equitable distribution. The circuit court held that because the final hearing had already been held on equitable distribution, petitioner did not need any suit money.

2.  SER Mary Ann Podelco v.Earl Ray Tomblin, Senate President, et al.  - 31793 - Petitioner is a citizen who seeks a writ of mandamus to require the Legislature to comply with the Modern Budget Amendment in preparing the Budget Digest, and to compel the West Virginia Ethics Commission to undertake certain activites with regard to legislative lobbyists.

3.  Bernard Boggs, Adm., et al. v. Camden-Clark Memorial Hospital Corp., et al. - 31757 - Plaintiff in a medical negligence lawsuit appeals from the circuit court's order dismissing his complaint for failure to comply with the pre-suit requirements of the Medical Professional Liability Act and the circuit court's subsequent order refusing plaintiff leave to amend his complaint. 

4.  SER Elizabeth Ann Miller, Admx. v. Hon. Robert B. Stone, Judge, et al. - 31755 - Plaintiff in medical malpractice action seeks a writ of prohibition to prevent enforcement of an order holding that her claim was not governed by the Medical professional Liability Act as it existed prior to July 1, 2003. The petitioner argues that the circuit court erred in holding that because the Certificate of Merit was provided on June 20, 2003, the action could not have been commenced until 30 days later, thereby requiring that the new statutory scheme should apply.  - To be submitted on briefs only without oral argument.

5.  Pritchard Mining Co. v. Ronald C. Stone, State Tax Comm’r - 31725 - Petitioner seeks the reversal of a circuit order which affirmed the decision of the State Tax Commissioner. The court held that for severance tax purposes, freight charges paid to transport coal from the mine to river docks and tippling fees paid to transload the coal from trucks into barges, are not deductible from the gross value of the coal. - Dismissed.

     Kanawha Eagle Coal, LLC v. Tax Comm’r of the State of West Virginia  - 31791- Petitioner seeks the reversal of a circuit order which affirmed the decision of the State Tax Commissioner. The court held that for severance tax purposes, freight charges paid to transport coal from the mine to river docks and tippling fees paid to transload the coal from trucks into barges, are not deductible from the gross value of the coal.

6. William E. Wehner, Jr., Adm., et al. v. Brett Barry Weinstein, et al.  - 31736 - Plaintiffs, who sought insurance proceeds to satisfy a judgment and who want to pursue a related bad faith complaint, appeal from the circuit court's order declaring that a policy issued by New Hampshire Insurance Company does not provide coverage. -  Justice Starcher disqualified. Judge Spaulding by temporary assignment. These cases will be called for argument at 2:00 p.m.

    William E. Wehner, Jr., Adm., et al. v. Brett Barry Weinstein, et al.  - 31737 - Travelers Casualty & Surety Company and the Standard Fire Insurance Company appeal the circuit court's order which found that a policy issued by New Hampshire Insurance Company did not provide insurance coverage for a judgment which the petitioner insurers have had to pay.

    William E. Wehner, Jr., Adm., et al. v. Brett Barry Weinstein, et al.  - 31738 - Pennsylvania National Mutual Insurance Company appeals the circuit court's order which found that a policy issued by New Hampshire Insurance Company did not provide insurance coverage for a judgment which the petitioner insurer has had to pay.

7.  SER Carlos V. Fields v. Thomas McBride, Warden - 31798 - Petitioner/Inmate seeks issuance of writ of habeas corpus, arguing that he is subjected to cruel and unusual punishment in the conditions of his confinement, that good time was wrongfully taken away from him, and that he has been denied access to the courts. 

8.  State of W. Va. v. Brian Bush Ferguson - 31720 - Petitioner appeals his conviction of first degree murder without a recommendation of mercy. 

9.  Lawyer Disciplinary Board v. James F. Sigwart, II - 30727 -  Office of Disciplinary Counsel seeks a rule to show cause why the repondent should not be held in contempt for failure to comply with a prior order of the Court and an agreement with his supervising lawyer. ODC seeks suspension of respondent's license to practice law until respondent can demonstrate compliance. - To be submitted on briefs only without oral argument.

10.  Office of Disciplinary Counsel v. James Scott Rowe  - 31771 - Dismissed as Moot

11. Marie Richardson v. Kentucky National Insurance Co.  - 31658 - Plaintiff appeals the circuit court's refusal to reconsider a jury's award for attorney's fees in this insurance case. She maintains that it was the court's job to determine the amount of the fee award, not the jury's. She also appeals the court's decision that, if this Court should reverse the jury's $10,000 attorney's fee award, then the proper amount of attorney's fees would be $8,242.50.  Justice McGraw disqualified. Judge Swope by temporary assignment. This case will be called for argument at 10:00 a.m.

The briefs and other filings are provided in PDF format. 
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Monday, November 08, 2004