SupCo calendar for 1/29 issue

By The West Virginia Record | Jan 24, 2007

Argument Docket
Feb. 13

1. Schrader Byrd & Companion, PLLC v. Francis G. Marks, et al. - 33184 - Defendants appeal from the circuit court's order granting summary judgment in favor of the plaintiff law firm in this action to determine whether defendants are under a contingent fee contract for future coal-related income.

2. General Motors Acceptance Corp. v. D. C. Wrecker Service, et al. - 33192 - Plaintiff appeals from the circuit court's final order entered following a bench trial in this action for declaratory judgment and replevin to determine the extent and priority of liens on a 2002 pick-up truck. - To be submitted on briefs only without oral argument.

3. Orpha L. Keith Estate, by Sharon Buckland, Exex. v. David W. Keith - 33131 - Defendant presents his petition for appeal concerning the circuit court's certified questions as follows:


1) In the event that certain improvements to real estate in the possession of the life tenant, insured against fire on a policy obtained by the life tenant under which only the life tenant is a beneficiary, are destroyed by fire, does the remainderman have an interest in the insurance proceeds through he is neither a named insured or paid any premiums? ANSWER: No.

2) In the event that the remainderman is determined to have an interest in the insurance proceeds, is West Virginia Code Section 43-2-1, et seq., appropriate to determine the share of the proceeds to be paid to the remainderman? ANSWER: No.

3) If West Virginia Code Section 43-2-1, et seq. is deemed to be an appropriate method to calculate the remainderman's share in the insurance from the loss of the structure, is this also applicable to the loss of personal property on the premises? ANSWER: No.

4) In the event that West Virginia Code Section 43-2-1, et seq., is determined to be the appropriate method to calculate the remainderman's share of the insurance proceeds, is the remainderman precluded from pursuing a negligence claim against the life tenant for the loss of the improvements? ANSWER: No.

4. Billy R. Truman v. Thomas C. Auxier - 33159 - Auxier appeals the circuit court's 11/15/05 order finding him in contempt of its 10/18/05 order. The court ordered that Auxier shall have twenty-four hours to remove his fenceposts and wire from Payne Hollow Road or he shall be incarcerated at the Central Regional Jail until such time he has the fenceposts and wire removed from the road. The court also fined Auxier $300 as the amount in attorney's fees and court costs it cost Truman to bring the contempt proceeding. On appeal, Auxier argues that he was not timely served with the notice of hearing on Truman's Motion for Contempt.

Argument Docket
Feb. 14

1. Lyon Chapman & Scott Chapman, et al. v. Sylvia Catron - 33187 - The defendant appeals from an adverse summary judgment and contempt ruling in a case involving a land dispute.

2. Adda Motto, et al. v. CSX Transportation, Inc., et al. - 33205 - The circuit court certifies two questions regarding what discretion a court may have when a plaintiff fails to comply with the pre-suit provisions of W.Va. Code §§ 55-17-1 through 5 before filing suit against a government agency.


1) Is there discretion for the Court to waive the mandatory notice provisions of W.Va. Code §§ 55-17-1 through 5 absent a showing of good cause? Circuit Court's Answer: Yes.

2) Does the Circuit Court have discretion to stay proceedings for thirty days to allow time to comply with the provisions of W.Va. Code §§ 55-17-1 through 5 after suit has been filed before notice has been given? Circuit Court's Answer: Yes.

3. State of W. Va. v. Valerie Whittaker - 33037 - Valerie Whittaker appeals her conviction for voluntary manslaughter.

4. Stephen Antolini, et al. v. WV Division of Natural Resources - 33182 - Three state employees appeal from the circuit court's order dismissing their grievance appeal. The court found their claims were barred by res judicata.

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