Supreme Court of Appeals of West Virginia

      Argument Docket    

Wednesday, September 20, 2000


1. Nancy Jo Burnett v. Clarence Lee Burnett 
- 27758 - The petitioner, Nancy Jo Burnett, appeals from an order entered in the Circuit Court of Boone County upholding a family law master determination that a garnishment proceeding, instituted to collect child support and alimony from the respondent, Clarence Lee Burnett, was invalid because the Circuit Court of Boone County lacked in personam jurisdiction over the respondent, a resident of Arkansas. The petitioner contends that jurisdiction over the respondent was conferred upon the Circuit Court by way of an earlier separate maintenance action.

2. Berthold Stollings v. Division of Environmental Protection, et al. - 27757 - The petitioner, Berthold Stollings, appeals from an order entered in the Circuit Court of Logan County upholding a Level IV grievance decision that the petitioner, an employee of the West Virginia Division of Environmental Protection, was entitled to an Engineer III classification ( rather than an Engineer I classification ) but was not entitled to back pay and attorney fees. This appeal concerns the back pay and attorney fee issues.  - Continued. 

3. John Wilson v. Tammy J. Wilson - 27759 - On appeal, the petitioner, John Wilson, maintains that the circuit court erred in awarding custody of the minor child to the respondent. Mr. Wilson argues that the circuit court erred in dismissing the only expert opinion as "hearsay evidence" and the circuit court erred in holding that the "best interests of the child" would be served by giving custody to the respondent. - To be presented on briefs only without oral argument.

4. State of W. Va. v. Eric Wykle - 27662 -  McLaurin, pro se, seeks a writ of mandamus compelling Judge Canady to show cause why he has not appointed him counsel, allowed discovery or held a post-conviction omnibus evidentiary hearing in this case. - To be presented on briefs only without oral argument.

5. West Virginia Fire & Casualty Co. v. David Matthews, et al.  - 27711 - No summary available.  Continued. 

6. Appalachian Power Co. v. WV Human Rights Commission & Antonio Matthews - 27768 Petitioner, Appalachian Power Company ("APCO"), appeals from the circuit court's order, which upheld a final order of respondent, the West Virginia Human Rights Commission ("Commission"), which adopted the final decision of the Administrative Law Judge ("ALJ"), who held that APCO retaliated against the complainant, Antonio Matthews, for engaging in a protected activity. APCO asks this Court to overturn the decision of the Commission and review the ALJ's order without giving any deference to the administrative agency. Alternatively, APCO asks that this Court remand the case to the Commission with directions that it reconsider the record and entertain meaningful oral argument from the parties so as to cure previous due process violations. - Dismissed. 

7. John Michael Ayersman v. WV Division of Environmental Protection, et al. - 27472 - Plaintiff appeals from the circuit court's award of summary judgment in favor of defendant, West Virginia Division of Environmental Protection, in this negligence and property damage action involving the reclamation of a coal refuse pile. ISSUES: 1. Whether the circuit court erred when it failed to address all of plaintiff's contentions and failed to make findings of fact and conclusions of law relating to those contentions? 2. Whether the circuit court erred in granting defendant's motion for summary judgment and holding that the State of West Virginia's insurance policy specifically excluded insurance coverage?

8. Pamela S. Pleasants, Admx. v. Alliance Corporation  - 27663 - Plaintiff appeals from jury's verdict rendered in favor of defendants in this medical malpractice action involving the death of a 15-year old girl.

9. Realmark Developments, Inc. v. Clyde W. Ranson, Jr., et al.  - 27755 - Defendants appeal from the circuit court's award of summary judgment in favor of plaintiff in this action for unpaid rent and real property taxes. The summary judgment order also struck defendants' counterclaim for breach of agreement to convey and finance property and for the value of improvements made to the property.

10. Crystal Kay Brady, Admx. v. Deals on Wheels, Inc., et al. -  27664 - Plaintiff appeals from the circuit court's award of summary judgment in favor of defendants.

11. State of W. Va. v. Daniel R. McMillion, et al.  - 27462 - Petitioners, Daniel R. and Mary E. McMillion, appeal from an order entered in the Circuit Court of Harrison County upholding the issuance of a peace bond against the petitioners by the Harrison County Magistrate Court. The
controversy arose from an altercation between the petitioners and their daughter-in-law.

12. Robert D. Diehl v. Georgianna B. Liller  - 27624 - Liller appeals the circuit court denial of her motion to set aside a default judgment in the underrlying civil case. -  To be presented on briefs only without oral argument.

13. Myron Zirkle, II v. Shelia Zirkle  - 27379 - The petitioner, Shelia Zirkle, appeals from an order entered in the Circuit Court of Upshur County awarding custody of the petitioner's daughter to the petitioner's former husband, respondent Myron Zirkle, II. The petitioner contends, inter alia, that the Circuit Court committed error in allowing the respondent to relitigate the custody issue, where the respondent had failed to appeal from an earlier ruling favorable to the petitioner.

14. Timothy Hafer v. Robert Skinner, Successor Trustee, et al.  - 27767 - The petitioner, Timothy Hafer, appeals from an order entered in the Circuit Court of Berkeley County granting summary judgment in favor of respondent Robert Skinner ( successor trustee ) and dismissing the petitioner's action. In the action, the petitioner sought to set aside the successor trustee's foreclosure sale of a house in Martinsburg, West Virginia. The petitioner contends that the foreclosure sale was procedurally defective and that the price obtained at the sale was unconscionably low. -  Continued. 

15. State of W. Va. v. Clarence E. Boyd  - 27661 - Defendant appeals from the circuit court's denialof his post-trial motion to dismiss. His requests that his conviction for possession of a Schedule 1 controlled substance (marijuana) be set aside. - Continued. 

16. Lillian Wilson v. Marion County Health Department  - 27763 - Wilson appeals her lay off from the Marion County Health Department, arguing that she was not the least senior employee. The hearing commissioner and the lower court did not consider the time period that Wilson was receiving temporary total workers compensation benefits in her seniority determination. 

17. Karla Alexander, by Henrietta Ramsey, her mother v. Shirley Willard, et al. -  27686 - Alexander appeals the jury's defense verdict in her personal injury case. 

Thursday, November 08, 2001 01:05 PM