WEST VIRGINIA RECORD

Argument Docket
Tuesday, April 26

10 a.m. - Admission Ceremony

Rule 19 argument

1. Trevya Weatherholtz v. Elias Trad Vance, No. 35760 - Petitioner mother appeals from the circuit court's order denying her appeal and upholding the family court's denial of the petition to modify a shared parenting arrangement based on substantial changed circumstances. Petitioner mother asserts that both the family court and circuit court erred in finding that she had not shown substantial changed circumstances.

2. Sheila Wilson v. Robert Hickman, No. 101147 - Petitioner mother appeals from the circuit court's order denying her appeal of the family court's final order granting custody of her minor daughter to respondent father. Petitioner seeks a reversal of the orders of the family and circuit courts and the entry of an order restoring primary custodial responsibility to her. In the alternative, petitioner seeks a remand for a custody determination pursuant to West Virginia §48-9-206 and §48-9-207 to determine the psychological parent of the child.

3. SER The Galloway Group v. Hon. Warren R. McGraw, Judge, et al., No. 11-0187

4. Saira Ahmad v. Saed Aftab Ahmad, No. 35741 - Wife in a divorce case appeals the circuit court's order finding that the court lacked personal jurisdiction over her husband because she had not obtained sufficient service of process.

5. In Re: Hunter H., Nos. 35750 and 35751 - Intervenor Foster Parents and Guardian Ad Litem appeal the circuit court order placing Hunter H. with his maternal Grandmother after his mother's parental rights were terminated, and his father voluntarily relinquished his parental rights.

Argument Docket
Wednesday, April 27

Rule 20 argument - 10:00 a.m.

1. Community Antenna Service, Inc. v. Charter Communications VI, LLC, No. 35703 - Charter Communications VI, LLC, appeals certain pre-trial orders and the order denying its post-trial motions after an adverse jury verdict. The jury found Charter liable for unduly discriminatory pricing practices and tortious interference with Community Antenna Service, Inc.'s business. The jury awarded $1,150,954 on the unduly discriminatory rates claim, $1,446,350 on the tortious interference claim, and $1,500,000 in punitive damages. Justice McHugh disqualified. Judge Gaujot sitting by temporary assignment.

2. Janet and Donald Hornbeck v. John E. Caplinger, No. 35678 - Petitioners Janet Hornbeck and Donald Hornbeck, as Custodial Parents, appeal from an Order dated October 1, in which the Circuit Court affirmed the amount of child support arrearages as determined by the Family Court, using calculations made by the Bureau of Child Support Enforcement. On appeal, petitioners contend that the Courts incorrectly applied the law relating to partial payments.

3. Sheila F. Haynes, Administratrix v. Daimler Chrysler Corp., et al., No. 101151 - Rescheduled to May 25.
Justice McHugh disqualified.

4. Eurenergy Resources Corporation v. S & A Property Research, LLC, No. 35523 - Defendant appeals from the circuit court's order granting plaintiff's motion to enforce a settlement agreement. Defendant also seeks a reversal of the circuit court's final judgment order in which it awarded a total of $606,202 in favor of plaintiff, which amount includes $6,202 in attorney's fees.

Afternoon Session - 1:30 p.m.

5. Eugenia Moschgat v. Dianna Mae Savilla, Administratrix, et al., No. 35563 - Intervenor and beneficiary Eugenia Moschgat appeals the circuit court's "Final Order" and "Revised Order Awarding Attorney's Fees" for work performed by counsel for Administratrix Dianna Mae Savilla on a deliberate intent claim. - Chief Justice Workman and Justices Davis, Benjamin, Ketchum and McHugh disqualified. Judges Johnson, Recht, Stone, Alsop and Evans sitting by temporary assignment.