Supreme Court calendar: Week of Feb. 13-17

By The West Virginia Record | Jan 26, 2006

Supreme Court of Appeals of West Virginia

Supreme Court of Appeals of West Virginia
Argument Docket
Tuesday, Feb. 14, 2006
State Capitol
Charleston

1. Loyal Order of Moose, Martinsburg Lodge No. 120 v. State Tax Commissioner - 32842 - The Loyal Order of Moose, Martinsburg Lodge No. 120 appeals the circuit court's order affirming the decision of the State Tax Commissioner to deny its application for renewal of an annual charitable bingo and raffle license.

2. Daniel J. David v. Commissioner of West Virginia Division of Motor Vehicles - 32859 - Petitioner appeals from the circuit court's order denying his petition for a writ of prohibition and mandamus and his application for a stay following the Division of Motor Vehicle's continuance of a license revocation hearing at the request of the arresting officer.

3. Cecil Pritt, et al. v. WV Department of Corrections, et al. - 32851 - The Division of Corrections appeals from the circuit court's order which reversed the order of the West Virginia Education and State Employee's Grievance Board. The circuit court found that the Division of Corrections was engaging in discriminatory conduct by not awarding the same 5% raise to all correctional officers who complete an apprenticeship program.

4. In Re: The Marriage of: Kathy M. Sloan v. Edward W. Sloan - 32852 - Husband in a divorce case appeals issues including spousal support, equitable distribution, the length of time for child support, etc.

Argument Docket
Wednesday, Feb. 15, 2006
State Capitol
Charleston

1. David Payne, President, USofA Local 37, et al. v. Huntington Human Rights Comm. - 32749 - DISMISSED.

2. Kimberly Merrill, et al. v. WV Department of Health & Human Resources - 32856 - Plaintiffs appeal from the circuit court's order awarding summary judgment in favor of defendant. Plaintiffs instituted this action alleging that defendant was liable to them for its failure to remove plaintiffs from their parents' custody following reports that plaintiffs were being sexually abused by their father. (Justices Starcher and Benjamin disqualified. Judge Madden and Judge Murensky sitting by temporary assignment.)

3. Reggie Lee Philyaw v. Eastern Associated Coal Corp. - 32754 - Petitioner files a direct appeal from the circuit court's order granting summary judgment to Eastern Associated Coal. Petitioner filed suit against Eastern alleging intentional infliction of emotional distress because Eastern allegedly required him to commit federal felonies.

4. Linda Farley v. Jeffrey Shook, D.P.M., et al. - 32770 - Plaintiffs appeal an adverse summary judgment order in a medical malpractice action.

5. Dana Scott Roy, et al. v. Kenneth D'Amato, D.O. - 32853 - This appeal involves the dismissal of a medical malpractice lawsuit on the basis that petitioners did not provide respondent with proper notice of claim pursuant to West Virginia Code §55-7B-6(b). Petitioners sought relief pursuant to Rule 59(e) of the West Virginia Rules of Civil Procedure, but their request was denied.

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