West Virginia Supreme Court of Appeals

1.    Ohio Valley Realty Co. v. Larry Jones, etc., et al., No. 001367. Plaintiff appeals from the circuit court's order granting defendants' motions to dismiss and holding that plaintiff had no legally cognizable cause of action in this declaratory judgment action seeking injunctive relief to prevent the transfer of school lands to a profit corporation for $1.00.

3.    Miller's Quality Recycling, Inc. v. Quality Supplier, No. 001397. Defendant appeals from the circuit court's award of summary judgment in favor of plaintiff both on plaintiff's claim against defendant and on defendant's counterclaim against plaintiff. Defendant states that there were unresolved issues of fact, which precluded summary judgment.

5.    Trooper James K. Schubert v. WV State Police & Col. Gary L. Edgell, No. 001449. Petitioner appeals from the circuit court's affirmance of his dismissal from the West Virginia State Police for falsifying his employment application. He seeks reinstatement with full benefits.

6.    State of West Virginia v. John R. Marple, No. 001450. Defendant appeals from his conviction for 2nd degree murder for which he received a sentence of 22 years in the state penitentiary.

7.     State of West Virginia v. William Glenn Hubert, No. 001451. Defendant seeks a reversal of his conviction for one count of 3rd offense domestic assault and/or battery and one count of wanton endangerment with a firearm.

9.    Paul D. Ratcliff v. John B. Cyrus, No. 001454. Petitioners appeal from the circuit court's order granting in part and denying in part their motion for summary judgment and its order granting in part and denying in part respondent's motion for partial summary judgment, all of which arises out of a dispute between adjacent property owners to ascertain their respective rights to use a lane situated on petitioners' property. Petitioners seek a reversal and a remand of this action with directions that the circuit court enter an order permanently enjoining respondents or their invitees from any further use of the lane along with any other relief that this Court might deem appropriate.

10.    Pamela Curry v. Michael Curry, No. 001455. Plaintiff appeals from the circuit court's order failing to award permanent alimony to plaintiff or, in the alternative, failing to preserve her right to obtain alimony in the future; failing to restore her to her separate property; and, failing to make an adequate award of attorney's fees and costs.

11.    State of West Virginia v. Paul Fredrick Frank Ramsey, No. 001456. The petitioner, Paul Fredrick Frank Ramsey, appeals from an order entered in the Circuit Court of Pleasants County refusing to reconsider, or grant alternative sentencing for, the petitioner's sentence of 1 to 3 years in the penitentiary for the offense of attempted forgery, a felony.

12.    SER Keith Burdette v. George Trent, Warden, No. 001458. The petitioner, Keith Burdette, appeals from an order entered in the Circuit Court of Kanawha County denying him relief in habeas corpus. In the underlying trial, the petitioner was convicted of murder of the first degree, without mercy. The petitioner contends, inter alia, that the habeas court erred in failing to find that the trial court made a number of comments before the jury which were prejudicial to the petitioner and which should have resulted in a new trial.

13.    Mason & Barry Inc. v. State Tax Dept. Of West Virginia, No. 001460. The petitioner, Mason and Barry, Inc., appeals from an order entered in the Circuit Court of Putnam County affirming a State Tax Department assessment against the petitioner for Consumer Sales and Service Tax. The petitioner contends that the Circuit Court and Administrative Law Judge erred in finding that a settlement agreement concerning the assessment had not been reached between the petitioner and the Tax Department.

14.    Brenda J. Anselene v. Clarksburg Bd. of Zoning Appeals, No. 001461. The petitioner, Brenda J. Anselene, appeals from an order entered in the Circuit Court of Harrison County upholding a variance granted to Felix and Marilyn Veltri by the Board of Zoning Appeals of the City of Clarksburg. The variance allowed the Veltris to expand an existing side porch of their home. The petitioner, who owns a home adjacent to the porch, contends that the Board failed to follow the relevant City Zoning ordinances in granting the variance.

15.    Brenda McKee v. Wyoming Mining Co., No. 001462. The petitioner- defendants below, Wyoming Mining Company, Roger McKee and Ralph McKee, appeal from an order entered in the Circuit Court of Wyoming County denying the petitioners a new trial. This action involves an inter- family dispute wherein the jury awarded substantial portions of settlement proceeds, obtained by the petitioners in 1996, to the respondents, Charles McKee, Robert Russell and B.E. McKee. The petitioners contend that the involvement of the respondents in the petitioners' business operations and efforts to obtain the settlement was insufficient to justify the jury's award.

16.    William K. Hall v. Mingo County Bd. of Ed., No. 001463. The petitioner, William K. Hall, appeals from an order entered in the Circuit Court of Kanawha County affirming a Level IV grievance decision that an individual named Ron Matney is entitled to back pay and appropriate seniority with regard to a bus operator position questionably awarded to the petitioner in 1993. This appeal is related to William K. Hall v. The Mingo County Board of Education (Supreme Court docket no. 27870), granted on July 6, 2000, and currently set for the November 1, 2000, docket. Both appeals concern the calculation of the petitioner's seniority.

17.    Oak Casualty Ins. Co. v. Opie D. Alderman, Administrator, No. 001464. The petitioner, Oak Casualty Insurance Company, appeals from a ruling entered in the Circuit Court of Raleigh County finding that the respondent, Opie D. Alderman, was entitled to uninsured motorist coverage in the statutory amount of $100,000 per person / $300,000 per occurrence, since neither Mr. Alderman nor his wife waived that coverage in lieu of other uninsured coverage options. Petitioner Oak Casualty also appeals from a ruling of the Circuit Court awarding Opie D. Alderman substantial attorney fees against the petitioner, based upon a finding that Alderman had “substantially prevailed” in the controversy.

18.    Syncor International Corp. v. Joseph Palmer - Tax Commissioner, No. 001465. The petitioner, Joseph M. Palmer, State Tax Commissioner, appeals from an order entered in the Circuit Court of Cabell County reversing the decision of the Office of Hearings and Appeals of the State Tax Department that respondent Syncor International Corporation's sales of nuclear medicines to medical service providers in West Virginia was subject to State sales tax. In reversing, the Circuit Court held that Syncor was entitled to the benefit of W.Va. Code, 11-15-9(n) [1993], which exempts the sale of drugs, dispensed upon prescription, to consumers for medical purposes.

19.    State of West Virginia v. William Johnson, No. 001467. 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.

20.    Patricia L. Bradshaw v. David L. Soulsby, M.D., No. 001468. 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 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.

21.    Fred Russell, Jr. v. Bush & Burchette, Inc., No. 001469. Fred and Rebecca Russell seek reversal of summary judgment of Circuit Court of Kanawha County in Fred Russell's deliberate intent personal injury suit against his employer and its' president.

22.    State of West Virginia v. Leroy Brown, No. 001470. Defendant who was convicted of sexual crimes seeks a reversal of convictions.

23.    State of West Virginia v. Charles T. Johnson, No. 001471. Defendant convicted of first degree murder and sentenced to life in prison without parole appeals his conviction.

24.    Carrie Heston v. John A. Leon, M.D. & Fairmont General Hospital, No. 001472. Plaintiff in medical malpractice action seeks to appeal grant of summary judgment in favor of Hospital.

25.    State of West Virginia v. Dean E. Gamble, Sr., No. 001473. Defendant seeks to appeal conviction upon guilty plea to second offense driving while license revoked due to driving under the influence of alcohol and the sentence imposed.

26.    Carlos O. Lewis v. State Farm Mutual Automobile Ins. Co., No. 001499. Auto accident plaintiff seeks reversal of grant of partial summary judgment and in favor of underinsurance carrier.