SupCo calendar for 2/18 issue

Argument Docket
Feb. 26

1. R. Brooks Legg, Jr., D.D.S. v. Richard D. Rashid, M.D. - 33521 - Plaintiff in a medical malpractice action appeals the circuit court's summary judgment order which found that the complaint was filed beyond the statute of limitations period. - Judge John Lewis Marks, Jr. sitting by temporary assignment.

2. Jerry Neal and Karen Neal. v. J.D. Marion, David Jordan, Beverly Jordan, et al. - 33520 - Plaintiffs Mr. and Mrs. Neal appeal the circuit court's order granting summary judgment in favor of one defendant, J. D. Marion. The court found that claims against J. D. Marion are time-barred by the 10 year statute of limitations for builders in W.Va. Code § 55-2-6a.

3. William L. Groves and Harrolyn B. Groves v. Roy G. Hildreth and Son, Inc., et al. - 33528 - Petitioners appeal the Circuit Court's Order granting Default Judgment in the amount of $740,000 in favor of the respondents for an alleged tortious conversion of mineral rights from the respondents' property. Petitioner, Nitro Energy, Inc., asserts that the lower court abused its discretion in failing to set aside the Default Judgment in light of the facts of the case.

4. SER Tina Clark v. Hon. Mark A. Karl, Judge - 33808 - Petitioner seeks a writ of mandamus to compel the Circuit Court to hold a trial and to rule on Petitioner's Motion to Transfer. This action has been continued on seven separate occasions and no trial date has been set. In an effort to get this case to trial, Petitioner filed a motion to transfer case to another county-this motion has not been ruled upon.

5. SER The Tucker County Solid Waste Authority v. WV Division of Labor - 33809 - Petitioner seeks a writ of prohibition preventing the Respondents from continuing an administrative proceeding against it. Petitioner claims the Respondent exceeded its legitimate power when it applied the WV Prevailing Wage Act to employees of a public authority and to work for a public authority not let to contract.

Argument Docket
Feb. 27

1. Vanessa Jean Pruitt, Admnx., et al. v. WV Dept. of Public Safety, et al. - 33526 - Plaintiffs appeal the circuit court's order granting summary judgment in favor of one defendant, the WV Department of Public Safety.

2. Betty K. Neely and Johnny L. Neely v. Belk, Inc., Crown American Crossroads, et al. - 33597 - Petitioners appeal the January 2, 2007, Order of the Raleigh County Circuit Court granting a Motion to Set Aside the Verdict and Award a New Trial pursuant to Rule 59 of the West Virginia Rules of Civil Procedure. The jury found that none of the defendants were negligent and did not find them liable for the plaintiffs' injuries.

3. State of WV v. Joshua C. Wears - 33529 - Petitioner seeks a reversal of the Trial Court's denial of his pretrial motion to present testimony of the alleged victim's sexual relationship with another perpetrator and seeks a reversal of the Court's sentencing order crediting him with 216 days of time served.

4. Misty Blessing, Adm. v. National Engineering & Contracting Co., et al. - 33433 - Plaintiff in land dispute appeals circuit court order granting summary judgment to Defendants (Div. of Highways & Bryron Smith) in a wrongful death action.

5. Office of Lawyer Disciplinary Counsel v. E. Dennis White, Jr. - 33649 - A Petition for Injunction and Complaint was filed against Respondent in the Circuit Court of Cabell County by Joseph M. Farrell, Jr. on behalf of the Security Title Guarantee Corp. of Baltimore. IndyMac Bank wired $104,314.10 to Respondent as settlement for Security Title Guarantee Corp. of Baltimore. These funds were loan proceeds for closing of a loan for IndyMac's borrowers. The closing was cancelled and IndyMac demanded return of these funds. After numerous request, Respondent admitted he no longer had the funds and had converted these funds to his personal use without authorization. Respondent has committed violations of the Rules of Professional Conduct, Rules 1.15(a) and 8.4(c). ODC requests temporarily suspension of the license of Respondent until disciplinary proceedings against him by the LDB have been completed and the Court authorized Chief Judge of Cabell County to appoint another lawyer to serve as trustee to protect the interests of Respondent's clients.

6. Johnnie Hoover v. Peter K. Moran - 33460 - Petitioner appeals the December 29, 2006, Order of the Kanawha County Circuit Court, which denied the petitioner's Motion to Dismiss.

Argument Docket
March 11
At WVU College of Law

1. Steven W. Chip Dantzic, David Dantzic, et al. v. Timothy Dantzic, et al. - 33523 - Timothy Dantzic appeals the circuit court's order which found that a decedent died partially testate and partially intestate, and the circuit court's order which appointed an appraiser to value certain real property.

2. Far Away Farm, LLC v. Jefferson Cty. Bd. of Zoning Appeals, et al. - 33438 - Far Away Farms, L.L.C. appeals the circuit court's decision which affirmed the decision of the Jefferson County Board of Zoning Appeals. The BZA denied a Conditional Use Permit sought for the purpose of subdividing and developing 122.88 acres in a designated rural district.

3. In Re: Petition for Appointment of Trustees for Woodlawn Cemetary - 33458 - Defendant cemetery appeals from the circuit court's order denying its motion to reconsider and from the circuit court's earlier order granting the petition for the appointment of trustees for Woodlawn Cemetery.

4. State of WV v. Mindy Keesecker - 33377 - Plaintiff appeals from her convictions on six counts of third degree sexual assault. Defendant raises various evidentiary and trial errors.

Argument Docket
March 12
1. Hugh M. Caperton, et al. v. A. T. Massey Coal Co., Inc., et al. - 33350 - Rehearing of defendant's appeal from an adverse jury verdict in this action for tortious interference with a business relationship, fraudulent concealment and fraudulent misrepresentation. Chief Justice Maynard disqualified. Judge Cookman sitting by temporary assignment.

2. SER Blue Eagle Land, LLC, et al. v. WV Oil & Gas Conservation Comm., et al. - 33705 - Petitioners seek a writ of prohibition to challenge the exercise of jurisdiction by the WV Oil & Gas Conservation Commission over certain wells completed in (but not below) the Marcellus Shale geologic formation. - Justice Benjamin disqualified. Judge Hatcher sitting by temporary assignment.

3. Richard C. Rashid, M.D. v. Muhib S. Tarakji, M.D. - 33596 - This civil action was involuntarily dismissed under Rule 41(b) for failure to pay a twenty dollar fee. Petitioner appeals by arguing that the case was dismissed without prior notice and without an opportunity to be heard as mandated by case law. - Justices Davis and Benjamin disqualified. Judge Walker and Senior Status Judge Egnor sitting by temporary assignment.

4. Joseph Fauble, et al. v. Alex E. Paris Contracting, Inc. v. Nationwide Mutual - 33667 - Petitioner appeals from the circuit court's order granting plaintiffs' motion for summary judgment in this action to enforce a settlement agreement and to establish the amount petitioner was entitled to receive under its subrogation claim.

5. Theresa D. Messer v. Huntington Anesthesia Group, et al. - 33663 - Plaintiff appeals from the circuit court's order granting the employer's motion for summary judgment in this handicap discrimination case brought under the West Virginia Human Rights Act.

6. Dawn Soulsby (Martinez) v. David Soulsby - 33661 - Petitioner appeals from a decision of the Putnam County Circuit Court wherein the Court refused to review the petitioner's appeal of a Family Court Order regarding the calculation of child support. Petitioner seeks a reversal of the Court's finding that the Family Court committed no reversible error in regard to the child support calculation.

7. Brenda Stanley v. Suthipan Chevy, M.D. - 33666 - Petitioner, Brenda L. Stanley, appeals from the Logan County Circuit Court's denial of post-trial motions. Plaintiff filed a medical malpractice suit for damages alleged in the performance of surgery. A verdict was returned in favor of the defendant by finding that the defendant was not negligent. Rescheduled to April 1.

8. State of W. Va. v. Wanda Carney & Betty Jarvis - 33522 - Petitioners were convicted in a joint trial of one count of obstructing a police officer and one count of conspiracy to obstruct a police officer. The trial court denied all pre-trial and post-trial motions. Petitioners filed this joint petition for appeal from the court's final order.