| 1. |
John R. Fowler No. 992686 Grant 2-2 (Sta rcher, C.J. McGraw, J.) |
Petition for Writ of Prohibition in SER David Davidson v. The Honorable Jay Michael Hoke, Judge, No. 992686. Petitioner seeks to prohibit enforcement of an order granting declaratory judgment to plaintiffs, denying defendants' cross motion for declaratory judgment and requiring the parties to proceed to trial. The underlying case involves allegations of breach of contract and the tort of outrage with respect to defendants' construction of plaintiffs' home. Defendant is in bankruptcy. Stay was lifted to the extent of insurance coverage. There were cross-motions regarding coverage. The lower court found that the contract claims are not covered but that the tort claims are covered. Defendants argue that the ruling that the “outrage” claims are covered by the CGL policies is contrary to established precedent. |
| 2. |
Larry J. Rector No. 25976 Grant 4-0 (Judge Watt sitting by temporary assignment) |
Consolidation Coal Co's. Motion to Strike Boston Old Colony's Unsolicited Post-Argument Correspondence in SER Consolidation Coal Co. v. The Honorable Russell M. Clawges, Jr., No. 25976 submitted on October 5, 1999. |
| 3. |
David A. Downes No. 992695 Refuse 4-0 |
Motion for Reconsideration of Bail Pending Appeal in State v. Danny Lee Blankenship, Jr., No. 992695. Petition for Bail was unanimously refused on October 6, 1999. This motion is based on medical records that were not available to counsel. This request is modified for the limited purpose of obtaining medical treatment. Clerk's Office requested and obtained report. Blankenship was transferred from Mt. Olive to Huttonsville September 17, 1999. The physician wrote orders to admit Blankenship to infirmary for non- weight bearing. Blankenship has refused infirmary admission. An orthopedic appointment was scheduled for October 14, 1999. |
| 4. |
H. F. Salsbery Held in Abeyance |
Motion of Respondent Pardee Resources to Dismiss
Petition for Appeal in Coastal Corporation v. Bean
Roebuck, Hall & Associate. (The Petition has been filed
in Wood County but it has not been sent to this Court
yet.) Pardee (f/k/a Coastal Corp.) moves to dismiss the
petition for failure to post bond or other appropriate
security as ordered by the lower court. This case arose
from a failed oil and gas venture. Judgment was entered
for Pardee following a bench trial. Judgment was against
defendants jointly and severally in the amount of
$76,329.00 plus pre and post judgment interest from April
1985 at 12%. Defendant Taylor is a resident of Texas
and Jolliff is a resident of Louisiana. Collection efforts
were started. The lower court determined that there was
a need for bond pursuant to W.Va. Code § 58-5-5 and
ordered it posted in Wood County in the amount of
$225,000. Instead, Taylor posted a cash bond in Texas.
Buckeye Supply Co. has joined in Pardee's Motion
because of the failure to post bond in the amount of
$35,000 to protect the judgment interest of Buckeye.
Taylor and Jolliff argue that the Motions should be
granted and that the bond orders should be set aside.
Taylor has deposited $225,000 cash with a Texas Court in
an interest bearing account. It is argued that there is no
authority for the requirement that they post bond. |
| 5. |
James D. McQueen, Jr. No. 992759 Refuse 4-0 |
Petition for a Writ of Prohibition in SER Protective Life Insurance Co. v. Honorable Booker Stephens, Judge, No. 992759. Petitioner seeks to prohibit enforcement of lower court Order which granted summary judgment to plaintiff on the issue of attorney fees, imposed an “automatic penalty” against petitioners and implied that plaintiff substantially prevailed for Hayseeds purposes. |
| 6. |
Janet C. Williamson No. 992761 Refuse 4-0 |
Petition for a Writ of Prohibition in SER City of Bluefield v. The Honorable John R. Frazier, Judge, No. 992761. Petitioner seeks to prohibit enforcement of lower court Order which dismissed criminal misdemeanor charges that arose from a sobriety check point. |