1. Patricia Lou Bradshaw, Adm’x, et al. v. David L. Soulsby, M.D., et al.- 29004 -  The petitioner, Patricia Lou Bradshaw, appeals from an order entered in the Circuit Court of Kanawha County dismissing her wrongful death action for failure to file the complaint within two years following the decedent's death. The petitioner contends that the Circuit Court erred in failing to apply the discovery rule in considering whether the action was timely filed.

2.  Joseph W. Corder, Jr., Exec. v. William W. Smith Excavating Co., et al. - 29006 - Plaintiff insurer seeks a reversal of the circuit court's declaratory judgment finding first-party coverage under a general liability policy for a claim made by the insured without any third-party claim.

3.  Gary W. Frantz, dba Frantz Lumber Co., et al. v. Joseph M. Palmer, St. Tax Comm’r  - 29178 - The petitioners, Gary Frantz, et al., appeal from an order entered in the Circuit Court of Kanawha County granting the motion of the State Tax Department to dismiss the petitioners' appeal to the Circuit Court for failure to file an appeal bond as required by W.Va. Code, 11-10-10 [1986]. The underlying case concerns a tax assessment against the petitioner for unpaid business and occupation tax, severance tax and franchise tax. The petitioners contend that they should have been allowed to proceed in Circuit Court without bond or with a reduced bond. In addition, the petitioners contend that W.Va. Code, 11-10-10 [1986], is unconstitutional because it provides that only the Tax Commissioner has the discretion to waive or reduce the appeal bond, thus giving the Tax Commissioner, and not the Circuit Court, control over a taxpayer's ability to appeal.

4.  Jimmy Dale Adkins v. WV Department of Education  - 29066 - West Virginia Department of Education seeks appeal of circuit court's reduction of the suspension of a school teacher for 2 years to 1 year for untruthfulness on a certification application.

5. Donna J. Napier, et al. v. B. R. Compton, et al. - 29007 - The petitioner, B. R. Compton, appeals from an order entered in the Circuit Court of Cabell County adopting the recommendation of the Special Fiduciary Commissioner that a constructive trust be imposed upon certain transfers of property between Tivis Compton and the petitioner. Tivis Compton, now deceased, is the father of the petitioner and the respondents, Donna J. Napier, et al. The constructive trust was imposed based upon a finding by the Special Fiduciary Commissioner that Tivis Compton suffered a physical and mental deterioration prior to his death at age 87. The petitioner contends, inter alia, that the respondents failed to establish that Tivis Compton was incompetent, especially with regard to the specific transfers in question.

6. State of W. Va. v. William Johnson  - 28665 - The petitioner, William Johnson, appeals from his convictions in the Circuit Court of Cabell County of five counts of second degree sexual assault and five counts of incest. The petitioner challenges, inter alia, the admissibility, at trial, of statements given to the police by him and by the victim.

7. Irene Walker v. John Doe - 29290 -  This is an uninsured motorist action, wherein the petitioner, Irene Walker, filed a complaint in the Circuit Court of Fayette County against an unknown driver, John Doe. The respondent, Allstate Indemnity Company (the petitioner's insurer), defended the action. Inasmuch as the motor vehicle accident in question did not involve physical contact between the vehicles operated by the petitioner and John Doe, the Circuit Court entered summary judgment in favor of respondent Allstate. The Circuit Court's decision was based upon Dalton v. Doe, no. 26437 (W.Va. - June 16, 2000), which held that Hamric v. Doe, 201 W.Va. 615, 499 S.E.2d 619 (1997), which substantially limited the physical contact rule, should not be applied retroactively. The petitioner contends, inter alia, that, since Dalton was a per curiam case, the Circuit Court should not have relied upon it.

8.  In Re: Edward Floyd B., et al.  - 28732 -  Mother appeals the termination of her parental rights.

9  Adaline Stillwell, et al. v. The City of Wheeling, et al. - 28663 - In this wrongful death action, the petitioner, Colaianni Construction, Inc., appeals from an order entered in the Circuit Court of Ohio County awarding the respondents, Adaline Stillwell, et al., a new trial. The Circuit Court determined that, although the jury found that the petitioner was not negligent, the petitioner could still be liable to the respondents, if the petitioner's corporate subcontractor ( against which corporation a default judgment had been entered) had been hired to perform an "inherently dangerous activity."

10.  Lee Roy Anderson v. Wayne King  - 29286 -  Lee Roy Anderson appeals the lower court's denial of his Motion to Reinstate his civil suit. In 1991, Anderson sued attorney Wayne King for damages arising from an incomplete title examination. Charles Webb represented Anderson in the civil suit. Webb worked for the law firm of Pepper and Nason. The case was set for trial on 1/17/95, then it was set for 5/9/95. Both times, the trial court (Judge McCarty) sua sponte continued trial. The trial was finally set for 9/19/95. The appellant alleges that the trial court again continued trial without request from either of the parties .  However, the court did not continue the trial to a date certain. On 2/6/96, Charles Webb left Pepper and Nason; William Pepper took over as Anderson's attorney. On 5/12/97, the circuit clerk mailed a Notice of Intent to Dismiss. Webb and Pepper both deny receiving the Notice. On 6/4/97, the circuit court entered an order of dismissal. When Pepper received the dismissal Order, he immediately filed a motion to reinstate the law suit. All parties responded to the motion to reinstate. However, Judge McCarty never ruled on the motion to reinstate. On 7/20/00, the clerk mailed out a second Notice of Intent to Dismiss. When Pepper received this Notice, he filed a second Motion to Reinstate, noting that the parties were still waiting for Judge McCarty to rule on the first Motion to Reinstate. On 9/6/00, the court conducted a hearing on the Motion to Reinstate and denied relief. Anderson appeals, arguing that the court erred in dismissing his case.

11.  Delmar Taylor, et al. v. Elkins Home Show, Inc., et al.  - 28891- The petitioners, Delmar and Helen Taylor, appeal from a final order entered in the Circuit Court of Randolph County granting respondent Elkins Home Show, Inc.'s, Second Renewed Motion for Judgment As A Matter of Law. The Circuit Court entered the order several months after a jury found that the petitioners were entitled to damages from the respondent with regard to the petitioners' purchase of a new mobile home. The petitioners contend that the Second Renewed Motion was not timely filed and that, therefore, the Circuit Court lacked jurisdiction to grant the Second Renewed Motion.

12. (*) Michael D. Burnell, et al. v. City of Morgantown - 28850 - Petitioners seek to appeal lower court entry of judgment on the pleadings rejecting petitioners' attempt to have City of Morgantown submit their proposed ordinance regarding collective bargaining of City employees to the voters in a municipal election.

13.  Patricia D. Choma v. WV Division of Motor Vehicles  - 28890 - The petitioner, Patricia D. Choma, appeals from an order entered in the Circuit Court of Monongalia County affirming the 6 month revocation of her driving privileges by the respondent, West Virginia Division of Motor Vehicles. The revocation was based upon a finding that the petitioner operated a motor vehicle while under the influence of alcohol. The petitioner contends that the evidence she presented was not properly considered by the Hearing Examiner or by the Circuit Court and, in addition, that a verdict of not-guilty upon criminal charges arising from the same incident served to bar the revocation of her driving privileges.

14. Gary White v. Anthony P. Barill, Sheriff  - 29100 - White appeals the circuit court order sustaining the September 15, 1999 decision of the Monongalia County Correctional Officer's Civil Service Commission, sustaining the decision by Anthony Barill, Sheriff of Monongalia County, West Virginia terminating White's employment as a Correctional Officer in the Monongalia County Jail. White claims that the circuit court erred in that he was deprived of due process and denied remand to address the due process issues.  - To be presented on briefs only without oral argument.

15.  State of W. Va. v. Phillip Don Williams  - 29002 - Williams appeals his conviction on one count of Possession with Intent to Deliver, claiming that the circuit court erred in admitting evidence derived from a search that was undertaken in violation of Williams constitutional rights, in denying due process in allowing admission of tainted evidence, and in allowing the conviction to stand upon insufficient evidence.

16.  American Tower Corporation v. Common Council of the City of Beckley  - 29177 - Petitioner, Common Council of the City of Beckley, appeals from the circuit court's order granting the petition for certiorari filed by respondent, American Tower Corporation, and reversing petitioner's denial of a conditional use permit for the building of a telecommunications tower.

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