Supreme Court of Appeals of West Virginia
State Capitol 1. Lillian Gibson, Admx. v. Northfield Insurance Co., et al. - 32690 -
Petitioner appeals the circuit court's order denying her relief in a declaratory judgment action pertaining to applicable insurance limits in a wrongful death case. - Justice Davis disqualified. Judge Murensky sitting by temporary assignment. Justice Benjamin disqualified.
Judge Spaulding sitting by temporary assignment.
2. United Bank, Inc., Trustee v. Robert C. Blosser, et al. - 32691 - Continued to November 1. 3. SER James William Berry, Sr. v. Thomas L. McBride, Warden - 30696 - Petitioner asserts that prison officials have violated his constitutional and federal statutory rights such as ADA by placing another person in his handicapped cell when he asserts that it should be a one person cell. Asserting that he is wheelchair bound and should be housed in a separate cell from others due to the limited space, he argues that placing another person in his cell was done to retaliate against him for filing legal actions. He seeks issuance of a writ of habeas corpus against prison officials at Mt. Olive. 4. SER Daniel L. Sams, et al. v. Comm’r, WV Division of Correctiones, et al. - 26647 - Sams requests a writ of mandamus compelling the DOC to transfer him from the regional jail to a state penal institution. 5. Newark Insurance Co. v. James P. Brown, et al. - 32566 - Petitioner files a direct appeal from the circuit court's order granting Summary Judgment to Shelby Insurance and holding that Shelby had no duty to offer petitioner the option to purchase uninsured and underinsured coverage at the time he purchased an umbrella liability policy. 6. State of W. Va. v. David Reed - 32610 - Petitioner appeals his conviction for third offense domestic battery and the enhanced sentence imposed pursuant to the habitual criminal statute. He asserts that the circuit court erred by denying his motion to bifurcate in accordance with an opinion of this Court released shortly after his trial,
State v. McRaine, 214 W. Va. 188, 588 S.E.2d 177 (2003). 7. Wayman R. Fravel, et al. v. Sole’s Electric Co., Inc. - 32164 - Plaintiffs appeal following an adverse jury verdict in this action for wrongful discharge. 8. Appalachian Emergency Medical Services, Inc. v. State Tax Comm’r - 32695 - Petitioner Appalachian Emergency Medical Services appeals the circuit court's order affirming the State Tax Commissioner's property tax ruling. The State Tax Commissioner ruled that petitioner's property is not used for charitable purposes such that it would qualify for an exemption from ad valorem property taxation. 9. State of W. Va. v. Frederick Smith - 32582 -
Defendant appeals convictions for felony drug and weapons offenses, arguing that the trial court improperly admitted a statement to authorities that was involuntary and against the weight of the evidence.
- To be presented on briefs only without oral argument.
10. Kimberly Turley (formerly Keesee) v. Daisy Keesee, et al. - 32696 - Mother petitions for appeal from the circuit court's order which affirmed the family court's order granting paternal grandparent visitation. 11. Vallie Huffman v. Robert Criner - 32706 - Plaintiff below appeals an order dismissing a civil action pursuant to Rule 41(b). 12. WV Department of Health & Human Resources, BCSE v. Kimberly Smith - 32697 - The Bureau of Child Support Enforcement petitions this Court to accept the questions certified by the circuit court as follows: 13. In Re: The Adoption of John L. - 32703 - Petitioners in a step-parent adoption seek to overturn the portion of the circuit court's order which denied their request to have the child's surname changed to that of the adopting father. 14. Standard Distributing, Inc.,, et al. v. City of Charleston - 32707 - Wine distributor appeals an order dismissing its action seeking refund of a separate city-imposed liquor license fee. 15. Board of Education of Kanawha County v. Paul R. Skaff, Jr., et al. - 32702 - Defendant insurer appeals from the circuit court's order awarding summary judgment in favor of the county board of education on an insurance coverage issue.
- Dismissed. 16. Pipemasters, Inc. v. Putnam County Commission, et al. - 32667 - The West Virginia-American Water Company and the Putnam County Building Commission appeal from an adverse jury verdict and the circuit court's denial of motions for judgment as a matter of law and for new trial. This case involves multiple cross-allegations regarding a construction contract, and the performance thereunder, to extend water service to rural areas of Putnam County. 17. SER Carroll Eugene Humphries v. Hon. James J. Rowe, Judge - 32701 - Petitioner seeks a writ of mandamus to compel the circuit court to issue an order in his pending habeas corpus case. -
Dismissed.
The briefs and other filings are provided in PDF format. Tuesday, October 11, 2005
Argument
Docket
Tuesday
October 11, 2005
Charleston, West Virginia
Certified Question One:
Does the Family Court have jurisdiction to establish child support if the same child is also the subject of a pending proceeding or order under Chapter 49 of the West Virginia Code, when no order of the Circuit Court addresses child support?
Answer of the Circuit Court: Yes.
Certified Question Two:
May the Circuit Court transfer jurisdiction to the Family Court to calculate child support in a proceeding under Chapter 49 of the West Virginia Code by administrative order en masse?
Answer of the Circuit Court: No.
Certified Question Three:
May the Circuit Court transfer jurisdiction to the Family Court to calculate child support in a proceeding under Chapter 49 of the West Virginia Code by administrative order on a case by case basis?
Answer of the Circuit Court: No.
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