West Virginia Supreme Court of Appeals chambers
Motion Docket
Tuesday, June 6
1. KKB, LLC v. Fifth Third Bank - 052867 - Petitioner files an appeal from the circuit court's order dismissing the action by granting summary judgment in favor of Fifth Third bank. The circuit court found that KKB "did specifically negotiate" Agreement ¶5; that the parties intended Agreement ¶5 as an "alternative to performance"; and that KKB "should not have agreed to a specific liquidated damages clause if it wanted different relief upon the seller's default."
2. Raman Kalyanaraman & Meena Kalyanarman v. Bayer Corporation & James Taylor - 060044 - Plaintiffs appeal from the circuit court's order denying their motion for a new trial following an adverse jury verdict in this deliberate intent cause of action.
3. Estate of Stephen Martin, by Peggy Martin, Executrix. v. Mason County Commission; Scott Simms, Sheriff, et al.- 060132 - Plaintiff appeals from the circuit court's order dismissing her wrongful death action pursuant to West Virginia Rules of Civil Procedure, Rule 12(b)(6).
4. American Disposal Services of W. Va., Inc. v. PSC of West Virginia & Jacob F. Jochum, Jr. - 060475 - Petitioner appeals a PSC order granting a Certificate of Need.
5. John Barbina, and as parent of Anissa Barbina v. Charles Curry, Kelley A. Curry, WV DH&HR, Lori Glover, Clark Sinclair, Sheriff, &. Valley Comprehensive Community Mental Health Center, Inc. - 060618 - Petitioner appeals the circuit court's granting of summary judgment in favor of respondents. The case involves a civil suit arising out of an infant being sexually abused by Charles Curry and the abuse being negligently reported, as well as her being delayed the receipt of services for years due to a systemic neglect.
6. SER Carroll Eugene Humphries v. Thomas McBride, Warden - 060626 - Petitioner appeals the circuit court's denial of his Writ of Habeas Corpus request. Petitioner was convicted by a jury on July 30, 1999, of one count of felony offense of accessory before the fact to murder of the first degree, and one count of the felony offense of conspiracy to commit murder.
7. Sarina L. Davis, Administratrix of the Estate of Elizabeth K. Westen v. Mound View Health Care, Inc. - 060669 - Plaintiff appeals the circuit court's order dismissing her medical malpractice/wrongful death lawsuit for failure to adhere to the pre-filing requirements of the Medical Professional Liability Act.
8. State of W. Va. v. Gary Dale Loudermilk - 060489 - Petitioner entered a plea to the offense of child abuse by a parent or guardian. As a result of his plea, petitioner was sentenced to an indeterminate period of not less than 10 years nor more than 20 years. Petitioner appeals his sentencing order by arguing that the Circuit Court failed to fully consider alternative sentences.
9. Roger Bible and Anna Bible v. Beverly Suddath, dba Home Towne Floor Covering - 060353 - Plaintiffs appeal from the circuit court's order finding in favor of defendant following a bench trial and directing plaintiffs to pay the balance of their contractual obligation to defendant in the amount of $4088.10, as well as defendant's attorney's fees.
10. State of W. Va. v. Bryan Anthony Merritt - 060479 - The petitioner objects to the denial of the stay of his misdemeanor sentence pending appeal to the Wood County Circuit Court. Petitioner also objects to the subsequent imposition of sentence by the Circuit Court of Wood County after the petitioner had allegedly completed all of the terms of his sentence.
Argument Docket
Tuesday, June 6
1. T. Weston, Inc. v. Mineral County, WV & County Commission of Mineral County - 32890 - The United States District Court for the Northern District of West Virginia submits an order of certification pursuant to West Virginia Code §51-1A-1, et seq., setting forth the following question:
Is a county commission, which has created a planning commission pursuant to Chapter 8, Article 24 of the West Virginia Code, precluded from adopting a county ordinance limiting the areas of the county in which a business may offer exotic entertainment pursuant to Chapter 7, Article 1, Section 3jj(b) of the Code?
2. Pamela K. Hayhurst, fka Pamela K. Shepard v. Robert O. Shepard - 32902 - Father appeals circuit court order denying father's appeal of family court granting father's motion for recalculation of Child Support Arrearages ordering payment of arrearages of child support, arguing that the Family court failed to give proper credit against child support for two years of split custody where oldest child lived in the Father's home and was supported by him and arguing that the Family court should have given credit for Father paying health insurance premium against the monthly support obligation.
3. SER Robert O. Shepard v. Hon. Robert Holland, Jr., Judge, et al. - 32903 - Petitioner seeks to prevent enforcement of an order denying his motion for continuance of a criminal matter while a related civil appeal is being considered by the Court.
4. In the Matter of: Clarence W. "Charlie" McCourt, Jr., Magistrate - 33068 - The Court will hear argument in this judicial disciplinary matter.
Argument Docket
Wednesday, June 7, 2006
1. Edson R. Arneault v. Margaret Beth Arneault - 32865 - Petitioner wife appeals from the circuit court's order affirming the final order of the family court in this divorce proceeding.
2. SER Blackhawk Enterprises, Inc., et al. v. Hon. Louis H. Bloom, Judge - 33050 - To be submitted on briefs only without oral argument.
3. Lawyer Disciplinary Board v. Eugene M. Simmons - 32761 - The Court will hear argument in this lawyer disciplinary matter. - To be submitted on briefs only without oral argument.
4. SER Wetzel Co. Solid Waste Auth. v. PSC of W. Va. & Lackawanna Transport Co. - 33036 - Solid waste authority seeks issuance of a mandamus to compel the Public Service Commission to enforce its final order denying a certificate of need to sewage sludge composting business.
5. SER Michael Paul Conn, Sr. v. Hon. Alfred E. Ferguson, Judge, et al. - 33051 - Petitioner seeks a writ of mandamus to compel Judge Ferguson to comply with a Supreme Court directive. - To be submitted on briefs only without oral argument.
6. SER Syble Wilkerson v. Hon. Jay Hoke, Judge - 33042 - Petitioner seeks a writ of mandamus to compel the circuit court to issue a final decision in a grievance appeal.
7. SER Rosa Moore v. Hon. Jay Hoke, Judge - 33041 - Dismissed.
8. SER Leon Ennis v. Hon. Alfred E. Ferguson, Judge - 33040 - Petitioner seeks a writ of mandamus to compel a final decision on a habeas petition. - To be submitted on briefs only without oral argument.
9. SER WV Regional Jail Authority v. Hon. John L. Henning, Judge, et al. - 33059
10. SER WV Dept. of Health & Human Resources v. Hon. John A. Hutchinson, et al. - 33060 - Dismissed.
11. In Re: Tiffany R. and Justin P. - 33061 - Dismissed.