Requests for Oral Presentation
and
Petitions for Appeal

October 5, 2000

1.    D. Michael Burke v. Robert Kessel, et al., No. 001513. “Seller” of land seeks to appeal order granting summary judgment to plaintiff/buyer wherein the lower court found: (1) there was a binding contract between the parties; and, (2) that the parties agreed that the harvesting of timber on the land was a condition precedent to the closing.

Refuse 5-0



2.    Paul G. Baire v. West Virginia Dept. Of Corrections, et al., No. 001514. In a deliberate intent suit, former prison guard seeks reversal of lower court's grant of summary judgment in favor of State defendants; denial of plaintiff's motion for partial summary judgment against prison inmate; and vacation of trial date.

Refuse 4-1
[McGraw, J.]

3.    J. Steven Ferguson, et al. v. Douglas L. Ball, No. 001509. Defendants appeal denials of a motion for summary judgment and judgment notwithstanding the verdict following a jury verdict in favor of plaintiffs for $25,927.34.

Refuse 4-0
[Davis, J., Disqualified]

4.    Paula Taylor Hurley v. The Board of Education of the County of Mingo, No. 001593. Board of Education of Mingo County seeks to appeal decision of circuit court regarding bumping rights in multi-classified positions.

Accept


5.    Laura Manns v. City of Charleston Police Department, and Jerry Riffe in his official capacity as Chief of Police, No. 001594. The City of Charleston Police Department seeks to appeal an order entered pursuant to a FOIA request for various records.

Hold

6.     Coordinating Council for Independent Living v. Joseph Palmer, No. 001595. Tax Commissioner seeks reversal of lower court ruling that prevents enforcement of privilege tax against providers of homemaker and case management services.

Accept

7.    James M. Powell v. Wood County Comm'n., et al., No. 001600. Petitioners seek appeal of dismissal of writ of mandamus which would have required the Wood County Commission to reimburse legal expenses they incurred to defend a suit by a former client in federal court and a dismissal of a motion to enforce settlement agreement.

Grant 5-0

8.    State of West Virginia v. Steve P. Cogar, No. 001601. Defendant was convicted on various drug charges. He seeks a reversal of his convictions and a remand for a new trial or, in the alternative, judgments of acquittal.

Refuse 4-1
[Starcher, J.]

9.    State of West Virginia v. Timothy L. Poore, Sr., No. 001604. Defendant seeks a reversal of the circuit court's order denying his motion for permission withdraw his pleas of guilty to one count of burglary, 2 counts of wanton endangerment, one count of kidnapping and one Recidivist Information.

Refuse 5-0

10.    Joseph A. Panacci v. Wheeling-Pittsburg Steel Corp., No. 001602.      Petitioners seek a reversal of the circuit court's order directing that attorney's fees be paid by the Unemployment Compensation Division to respondent, Joseph Panacci. Petitioners assert that there is no West Virginia law to justify such an award.

Grant 3-2
[Starcher, J., McGraw, J.]


11.    Julie D. Honaker v. Burgess W. Mahon, No. 001685. Plaintiff appeals from the circuit court's order denying her motion for a new trial after a defense verdict in this wrongful death action.

Grant 4-1
[Scott]

12.    First State Bank and Trust v. Robert P. Sayre, No. 001691. Petitioner appeals from the circuit court's order granting defendant's Rule 37(c) post- decision motion for sanctions for petitioner's denial of certain requests for admissions, which the court found should have been admitted.

Hold

13.    WVU Board of Trustees v. Harold Creel, et al., No. 001759. Petitioner appeals from the circuit court's order affirming the Administrative Law Judge's decision in this action involving the reclassification of higher education employees.

Refuse 5-0


14.    WVU Board of Trustees v. Jeffrey Jessen, No. 001760. Petitioner appeals from the circuit court's order affirming the decision of the ALJs in these consolidated grievance actions involving the re-classification of higher education employees.

Refuse 5-0

15.    WVU Board of Trustees v. Arthur Deavers, No. 001761. Petitioners appeal from the circuit court's affirmance of the Grievance Board's denial of their grievances challenging the correctness of their classification and resulting pay rate in the re-classification of higher education employees.

Refuse 5-0


16.    Citizens Bank of Weston, Inc. et al. v. City of Weston, No. 001789. Petitioners appeal from the circuit court's Opinion and Order in this declaratory judgment action upholding the City of Weston's recently enacted B & O Tax Ordinance rate-to-class structure.

Grant 4-1
[Davis, J.]


17.    Clifford Allen Powers v. State of West Virginia, No. 001788. Defendant appeals from his convictions for 2 counts of 3rd offense shop lifting, breaking and entering, burglary and grand larceny. He was sentenced to life in prison pursuant to the recidivist statute. He seeks a reversal of his convictions and a new trial.

Grant 3-2

[Maynard, C.J., Davis, J.]
[Scott Would Grant On The Issue Of Standby Counsel Only]


18.    Steven E. Booth v. First West Virginia Bank, Bank One West Virginia, No. 001793. The petitioner, Steven E. Booth, appeals from an order entered in the Circuit Court of Upshur County denying him relief under Rule 60(b) from a previous order of the Circuit Court under Rule 41(b) dismissing the petitioner's action for inactivity. The petitioner contends that activity, in fact, occurred within the year prior to the Circuit Court's notice of intent to dismiss the case.

Refuse 3-2
[McGraw, J., Starcher, J.]

19.    Barbara Seymour v. Pendleton Community Care Center, No. 001796. The petitioner, Barbara L. Seymour, appeals from an order entered in the Circuit Court of Pendleton County reducing her jury award of $526,000 to $172,235.92. The jury awarded the petitioner $526,000 against the respondents, Pendleton Community Care and Michael Judy, for retaliatory discharge. The petitioner contends that the Circuit Court abused its discretion in distributing the verdict of the jury.

Grant 5-0


20.    Vera & Ron Stewart v. Dennis Johnson, No. 001797. The petitioners, Vera Stewart and Ron Stewart, appeal from a ruling of the Circuit Court of Cabell County, during a jury trial, entering judgment in favor of the respondent, Dennis Johnson, as a matter of law. The trial concerned whether the petitioners, as residential tenants of the respondent, had been wrongfully evicted and were, therefor, entitled to compensatory and punitive damages. The petitioners contend, inter alia, that the entry of judgment should be set aside because the Circuit Court erroneously excluded various items of evidence submitted by the petitioners.

Grant 4-1
[Maynard, C.J.]


21.    Edward L. Daniel v. CAMC, No. 001806. The petitioner, Edward L. Daniel, appeals from a summary judgment granted in the Circuit Court of Kanawha County in favor of the respondent, Charleston Area Medical Center, Inc. The petitioner brought an action against CAMC arising from a fall he sustained when his hospital wheel chair collapsed. The Circuit Court ruled that, although expert testimony would not be required from the petitioner to establish a deviation from the standard of care, expert testimony would be required to establish the cause of the petitioner's alleged injuries. Therefore, as the Circuit Court stated, inasmuch as the petitioner failed to disclose a causation expert, summary judgment was warranted.

Grant 4-1
[Davis, J.]


22.    In Re: Application of Town of Wardensville for Annexation by minor roadway adjustment, No. 001808. The petitioner, Town of Wardensville, appeals from an order entered in the Circuit Court of Hardy County affirming a determination of the Hardy County Commission that the petitioner is unable to use the abbreviated form of annexation contemplated under W.Va. Code, 8-6-5 [1989], which statute concerns “minor boundary adjustments,” because the respondent, Charles H. Kohne does not actually reside on the property sought to be annexed, his objection would not preclude the abbreviated form of annexation.

Refuse 5-0


23.    John William Lozier v. Paige Muovich, Ike Muovich and Clinton Muovich, No. 001829. The petitioners, Paige, Ike and Clinton Muovich, appeal from rulings of the Circuit Court of Raleigh County in favor of the respondent, John William Lozier, Jr., (1) holding that the respondent was entitled to a right-of-way over the petitioners' property and (2) determining where the right-of-way would be located.

Refuse 5-0

24.    State of West Virginia v. Bonnie Riffle, No. 001822. The petitioner, Bonnie L. Riffle, a Magistrate in Morgan County, appeals from her convictions in the Circuit Court of Morgan County of three counts of giving false and misleading information to the State Police and two counts of falsely reporting an emergency to the State Police. All of those convictions were for misdemeanor offenses. In addition, however, the petitioner was convicted of two counts of fraudulently attempting to obtain Workers' Compensation benefits, a felony. The petitioner raises a number of assignments of error and seeks a new trial.

Refuse 3-2
[Starcher, J., McGraw, J.]


25.    State ex rel. Tennis Z. Hatfield v. William S. Haines (Warden Huttonsville), No. 001823. The petitioner, Tennis Z. Hatfield, appeals from an order entered in the Circuit Court of Mingo County denying him relief in habeas corpus. In the underlying case, the petitioner entered a plea of guilty to two counts of second degree sexual assault (an Anders brief) was refused by this Court. The petitioner contends, inter alia, that his plea of guilty resulted from ineffective assistance of counsel.

Grant 3-1
[Davis, J.]
[Maynard, C.J., Disqualified]


26.    George B. Funk and Diana J. Funk v. Highland School, Inc. and Highland Resources, Inc., No. 001831. The petitioners, Highland School, Inc., and Highland Resources, Inc., appeal from an order entered in the Circuit Court of Ritchie County granting summary judgment in favor of the respondents, George B. Funk and Diana J. Funk. In granting summary judgment, the Circuit Court concluded that the petitioners abandoned two oil and gas wells located upon the respondents' property. The petitioners contend that the entry of summary judgment was error because there were questions of fact as to whether the respondents interfered with the petitioners' leasehold interest.

Refuse 3-2
[Scott, J., Davis, J.]

27.    Curtis A. Dytzel v. City of Clarksburg Police Civil Service Commission, No. 001835. The petitioner, Curtis A. Dytzel, appeals from an order entered in the Circuit Court of Harrison County affirming a ruling of the City of Clarksburg Civil Service Commission that probationary service as a City patrolman may be counted toward the two years of continuous service required for promotion to the grade of corporal. The petitioner, a police officer who was not promoted, contends that service as a probationary patrolman may not be counted in calculating an applicant's eligibility for promotion to the grade of corporal.

Refuse 4-1
[Davis, J.]

28.    David Camilletti v. Berkeley County Commission, et al., No. 002216. Candidate for circuit court judgeship in the May primary election seeks to appeal judgment of the Circuit Court of Berkeley County which denied his appeal of election contest and petition for a writ of mandamus or prohibition.

Refuse 4-1
[McGraw, J.]