Supreme Court of Appeals of West Virginia
Motion Docket
Tuesday, September 11, 2007
1. Jerry & Karen Neal v. J. D. Marion - 070676 - Plaintiffs Mr. and Mrs. Neal appeal the circuit court's order granting summary judgment in favor of one defendant, J. D. Marion. The court found that claims against J. D. Marion are time-barred by the 10 year statute of limitations for builders in W.Va. Code § 55-2-6a. - Grant 5 - 0.
2. R. Brooks Legg, Jr., D.D.S. v. Richard C. Rashid, M.D. - 070005 - Plaintiff in a medical malpractice action appeals the circuit court's summary judgment order which found that the complaint was filed beyond the statute of limitations period. - Grant 2 - 2, Davis & Maynard, Benjamin disqualified.
3. SER Stoney Ault v. Teresa Ward, Warden - 070563 - Petitioner appeals from the circuit court's order denying his habeas corpus petition. - Refuse 3 - 2, Starcher & Albright.
4. Larry Brown, et al. v. Rawl Sales & Processing Co. & Massey Energy Co. - 070889 - Defendants appeal from the circuit court's order granting plaintiffs' motion for injunctive relief for temporary water supply. - Refuse 5 - 0.
5. Thaddeous, Joyce & Chastity Boggess v. Wanda Boggess, Admx.; Wanda Boggess, Individually; & Timothy Bailey, Individually & representative of the Estate of Chad Boggess - 070919 - This is an appeal from the Kanawha County Circuit Court's holding that petitioner's counsel had a conflict of interest pursuant to Rule 1.9 of the Rules of Professional Conduct and Dismissal in its entirety of claims against the Administratrix of an Estate and her attorney for violation of their fiduciary obligations. - Refuse 4 - 1, Maynard.
6. State of W. Va. v. Wanda Carney & State of W. Va. v. Betty Jarvis - 071020 - Petitioners were convicted in a joint trial of one count of obstructing a police officer and one count of conspiracy to obstruct a police officer. The trial court denied all pre-trial and post-trial motions. Petitioners filed this joint petition for appeal from the court's final order. - Grant 3 - 2, Davis & Maynard.
7. Mountaineer Group Investments, Inc., et al. v. PSC of West Virginia & Hancock County Public Service District - 071833 - Petitioners appeal PSC order granting a certificate of Convenience and Necessity to construct a sewage treatment plant in Hancock County, arguing that the PSC failed to give the public adequate notice regarding the project. - Refuse 5 - 0.
8. Steven W. Chip, David Shawn & Karen Susan Tucker-Marsh v. Timothy Dantzic, Exe. of the the Estate of Luetta Dantzic Emmart Miller, et al. - 071039 - Timothy Dantzic appeals the circuit court's order which found that a decedent died partially testate and partially intestate, and the circuit court's order which appointed an appraiser to value certain real property. - Grant 5 - 0.
9. Jerry L. Myers v. Liberty Mutual Insurance Co. - 071245 - Petitioner, Liberty Mutual Insurance Company, appeals from a judgment of $8,500 in Hayseeds damages, $50,000 in punitive damages, and $49,500 for attorney fees and costs in favor of the respondent, Jerry Myers. Liberty Mutual submits that this Court should grant its appeal and set aside the judgment. - Refuse 3 - 2, Maynard & Benjamin.
10. In Re: Michael Eugene Mounts - 071209 - Michael Eugene Mounts objects to the Board of Law Examiner's findings and conclusion that Mounts is not eligible for admission to the WV State Bar because he has not proven that he possesses the requisite character and fitness. - Refuse 5 - 0.
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