2.  Energy Development Corp. v. Nancy Louise Moss, et al.  - 31238 - Petitioner seeks review of an order denying its petition for declaratory relief regarding its rights under two oil and gas leases. Petitioner requested a declaration that it had the right to develop and produce coalbed methane (CBM) pursuant to the 1986 leases which permitted Petitioner to develop all "gas" from "all possible formations". After filing, Defendant attempted to lease the rights to another defendant. Circuit Court ruled that CBM was a constituent of coal and part of the coal estate, not "gas" as that term is used in the lease. Petitioner's request for a declaratory order was denied and it was ruled that the lease from Defendant to Defendant GeoMet was valid and enforceable.

3.  Hubert J. Barefield v. DPIC Companies, Inc.  - 31226 - The United States District Court for the Northern District of West Virginia, Martinsburg Division, certifies a question in this diversity action. The district court indicates that there is no controlling precedent in West Virginia on the issue.

CERTIFIED QUESTION:

"Under the West Virginia Unfair Trade Practices Act, specifically W.Va. Code §33-11-4(9), is an insurer liable to a third-party for the conduct of an attorney hired by the insurer, when that attorney is hired by the insurer to represent the insurer's insured, and when the attorney's conduct took place during and after the initiation of a civil action against the insurer's insured for legal malpractice?"

The district court stated that unless this Court holds otherwise, it concludes that whether or not the insurance company may be vicariously liable for the actions of its attorneys, the West Virginia Unfair Trade Practices Act does not apply because the attorney's actions in this case took place after litigation was initiated. The district court also stated that if this Court declines to answer this certified question, it will adopt with finality its rulings as set forth in its "Order of Certification to the West Virginia Supreme Court of Appeals."

4.  SER Mon Valley Drug Task Force v. Forty-Three Thousand Dollars, etc.  - 31224 - Petitioner appeals the circuit court's order finding forfeiture of $ 43,000 in cashier checks under the West Virginia Contraband Forfeiture Act. 

5.  SER Allstate Insurance Co. v. Hon. John T. Madden, Judge  - 31392 - Allstate has filed this action seeking to prohibit the enforcement of the circuit court’s order which denied a motion for protective order in the underlying bad faith action. Allstate seeks to prohibit the depositions of in-house counsel.

6.  SER Roberts S. Drake v. Hon. Jonathan W. Summers, Special Family Court Judge  - 31421 -  The petitioner seeks the issuance of a writ of mandamus compelling the family court judge to enter its final order on a Petition for Modification that was heard September 10, 2002. - Dismissed.

7.  Hon. Emmitt S. Pugh, III, Mayor v. Policeman’s Civil Service Commission, etc., et al.  - 31232 - The Mayor of the City of Beckley filed a petition for a writ of prohibition seeking to prohibit the Policeman's Civil Service Commission from conducting any hearings or undertaking any investigation concerning the Petition for Promotion to Lieutenant filed with the Commission by Sgt. W. C. Bowden. The circuit court granted the writ and ordered that the Commission conduct no further proceedings on the petition.

    Hon. Emmitt S. Pugh, III, Mayor v. Policeman’s Civil Service Commission, etc., et al.  - 31233 - See above.

8.  Gary Dailey v. Board of Review, WV Bureau of Employment Programs, et al.  - 30730 - Petitioner appeals from the circuit court's order affirming the Board of Review's decision that petitioner had been terminated from his employment for gross misconduct. Petitioner seeks a reversal of the circuit court's order and an award of unemployment benefits. 

9.  Mitzi Akers v. Board of Education of the County of Raleigh  - 31156 - Petitioner appeals the Circuit Court's order affirming a decision of the Education and State Employee's Grievance Board. Petitioner asserts that the position of summer Medicaid Billing Reviewer should have been a service personnel position, not a professional position, and that as such, she should have received the position.

10.  In Re: Joseph G.  - 31221 - The West Virginia Department of Health and Human Resources appeals the Court order finding that the DHHR owes Stepping Stone certain monies for services provided to Joseph G. under a contract between the parties. -  To be submitted on briefs only without oral argument.

11.  Beverly Bolyard v. Board of Education of Grant County  - 31223 - Petitioner appeals the Circuit Court's denial of her Petition for Declaratory relief, Injunctive Relief and Writ of Mandamus concerning the respondent's refusal to permit her resignation.

12.  Dennis G. Mueller, Jr., et al. v. American Electric Power Energy Services, Inc., et al. - 31151 - Plaintiffs appeal from the circuit court's award of summary judgment in this personal injury action arising out of an alleged exposure to toxic gases. Plaintiffs assert that their evidence was sufficient to withstand summary judgment.

13.  State of W. Va. v. Dale Scott Whalen - 31244 - Defendant appeals from the circuit court's sentencing order based on a guilty plea to burglary. The defendant was sentenced to not less than one (1) and no more than fifteen (15) years in the penitentiary and was further ordered to register as a sex offender.  - To be submitted on briefs only without oral argument.

14.  Carolyn Hedrick, et al. v. Charles R. Mosser, et al. - 31268 - Petitioners appeal from the circuit court's order in this declaratory judgment action regarding the construction of the Will of Glendie E. Mosser, Jr., as it pertains to certain parcels of real estate. Petitioners seek a reversal of the circuit court's order in favor of respondents, the decedent's sons.

15.  (*) Judy Grisler (Michels) Trimble v. William Michels - 30533 - The petitioner, Judy ( Michels ) Trimble, appeals from an order entered in the Circuit Court of Monongalia County holding that, inasmuch as the parties' 1988 divorce decree did not establish a specific amount of child support payable by her former husband, respondent William Michels, the former husband had no child support obligation between 1988 and June 1, 1998, at which time he was required to pay $249 per month. The petitioner contends that the Circuit Court committed error in that regard by failing to uphold an intervening January 2, 1992, order which required the former husband to pay child support.

16.  Christine B. Phares v. Charles J. Brooks - 31236 - Petitioner appeals the circuit court's order reinstating verdict, arguing that the circuit court failed to follow this Court's directions on remand.

(*) Chief Justice Starcher disqualified