Supreme Court of Appeals of West Virginia

gavel Argument Docket  
Wednesday, October 5, 2005

State Capitol
Charleston, West Virginia

1.   WV Dept.of Transportation, DOH, et al. v. Dodson Mobile Homes Sales, & Services  - 32558 - The Petitioner prevailed in an inverse condemnation claim and seeks attorney's fees. The Circuit Court denied the request for fees and failed to allow petitioners to alter or amend the judgment. 

2.   SER Thrasher Engineering, Inc. v. Hon. Fred L. Fox, II, Judge, et al.  - 32774 - Defendant below seeks to prevent enforcement of an order denying leave to file a third-party complaint.

3.  SER Irvan L. Schrack v. Hon. Mark A.Karl, Judge - 32775 - Petitioner seeks a writ of prohibition to prevent the circuit court from re-opening a previously dismissed magistrate court case. - Dismissed.

4.   SER Erie Insurance Property & Casualty Co. v. Hon. James P. Mazzone, Judge, et al. - 32777 - Insurer seeks to prevent enforcement of an order requiring it to produce documents from its claim file in the context of discovery in a third-party bad faith action.

5.   In Re: Sheida Jean Robinette, an alleged protected person - 32668 - Petitioner Kathy Robinette petitions for appeal from the circuit court's order appointing her sister Respondent Carla Robinette as guardian and conservator for their mother, a protected person.

6.  Fairmont General Hospital, Inc. v. WV Health Care Authority, et al. - 32669 - AND - Fairmont General Hospital, Inc. v. WV Health Care Authority, et al. - 32670 - United Hospital Center, Inc. and West Virginia United Health System, Inc., and the West Virginia Health Care Authority, file separate petitions for appeal which have been consolidated. They appeal the Circuit Court's order reversing the Health Care Authority's decision to grant a certificate of need for the building of a replacement United Hospital eight miles from its present location. 

7.  Catherine Gallagher v. Toyota Motor Manufacturing, West Virginia, Inc., et al. - 32688 - Plaintiff appeals the circuit court's order granting defendants' motion to dismiss this employment discrimination lawsuit. - Dismissed.

8.   Vicky Lynn Gray v. Ashraf Mena Kamel Mena, M.D., et al. - 32507 - Plaintiff appeals from the circuit court's order dismissing her medical malpractice action for failure to follow the pre-suit requirements as set forth in the Medical Professional Liability Act.

9.   Kenneth Wayne Brown v. Thomas McBrde, Warden - 32653 - Dismissed.

10.   Frederick Allen Fernandez v. Lyndall Sarah Fernandez - 32671 - Defendant in a divorce case appeals the circuit court's order affirming the family court. The family court denied a motion to set aside the final divorce decree under Rule 60(b).

11.  In Re: The Marriage of Martha Carol Staton v. Steven Edward Staton - 32562 - Petitioner wife appeals from the circuit court's order reversing the family court's order awarding petitioner her equitable share of respondent husband's City of Beckley Police Department Pension.

12.   In Re: Petition of Robert A. Parsons for Restoration of Civil Rights - 32662 - Petitioner appeals a circuit court order denying his petition for restoration of the right to possess a firearm. Petitioner previously pled guilty to Domestic Assault, and was serving as a municipal police officer at the time of the offense. The circuit court dismissed the petition on the basis that not granting relief under the WV Code 61-7-7(c) to a former law enforcement officer would violate federal law. -  To be presented on briefs only without oral argument.

13.   SER Michael Joseph Hughes, et al.v. Hon. David Pancake, Judge - 32776 - Petitioner seeks a writ of mandamus to compel the circuit court to issue a final order in a matter submitted for decision in April 2003. - Dismissed.

14.  SER WV Department of Health & Human Resources v. Hon. Fred Fox, Judge, et al. - 32847 - WV Dept. of Health and Human Resources seeks to prohibit enforcement of an order granting custody of a minor child to his parents.

15.  SER Jonathan D., et al. v. Hon. Russell M. Clawges, Jr., et al. - 32788 - Dismissed.

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Tuesday, October 04, 2005