Argument Docket
Tuesday, Oct. 18

Rule 20 argument - 10 a.m.

1. Grant Thornton, LLP v. Kutak Rock, LLP, No. 11-0079 - Petitioner accounting firm appeals circuit court order granting summary judgment to respondent law firm in petitioner's suit for fraud, negligent misrepresentation and tortious interference with contract based upon respondent's actions in connection with a bank audit. Justice McHugh disqualified.

2. In Re: K.M., K.M., K.M., R.C., C.C., N.C. and N.C., No. 11-0203 - Petitioner Father appeals the circuit court order transferring physical custody of his son to the child's mother, arguing that the circuit court did not have sufficient evidence to transfer custody, and arguing that the circuit court lacked authority to transfer custody.

3. Patsy A. Hardy, WV Dept. Health and Human Resources v. Benjamin H., No. 101540 - DHHR appeals circuit court order reversing the decision of the hearing officer which denied Respondent's eligibility for the MR/DD Waiver Program.

4. State of West Virginia v. Rhonda K. Stewart, No. 101179 - Petitioner appeals her conviction of first degree murder and her sentence of life with mercy. Petitioner seeks a reversal of her conviction and a remand for a new trial. Petitioner asserts evidentiary and trial error below.

5. SER County Commission of Greenbrier County v. Hon. John L. Cummings, Judge, et al., No. 11-1035 - Petitioner seeks a Writ of Prohibition to challenge the enforcement of an order in mandamus compelling it to budget funds in an amount reasonable and proper for the Sheriff to perform his constitutional and statory duties.

Rule 19 argument - 1:30 p.m.

6. Boards of Education v. Public Employees Insurance Agency, et al., No. 11-0243 - Boards of education appeal circuit court's order granting respondents' motion to dismiss boards' suit for declaratory judgment with prejudice based upon the conclusion that boards raised a nonjusticiable political question and on the basis that the complaint did not satisfy the standard applicable to determining whether a court should entertain a declaratory judgment action.

7. State of West Virginia v. Ben Chase Skidmore, No. 101581 - In this life without mercy case petitioner asserts issues involving 404(b) evidence introduced in the sentencing/mercy phase of the trial and a jury instruction using the term "gross intoxication" to describe the necessary level of intoxication required to avoid the forming of the requisite intent to commit first degree murder.

8. In Re: Petition for Reinstatement of Keith L. Wheaton, No. 35462

Argument Docket
Wednesday, Oct. 19

Fall admission ceremony 9:30 a.m.

Rule 20 argument - 1:30 p.m.

1. Gregory Smith v. Mingo County Commission, et al., No. 100916 - Petitioner Smith appeals from the circuit court's order denying his petition for a writ of mandamus seeking to require the Mingo County Commission, the County Clerk, and the Sheriff to reimburse him for the attorney's fees and expenses he incurred in successfully defending an action to remove him from his public office as Mingo County Commissioner. Petitioner seeks a reversal of the circuit court's order and an award of his attorney's fees and costs incurred in defending the action to remove him from public office, in the prosecution of the underlying mandamus action, and in the instant appeal.

2. Barbie Dawn Paugh, former Linger v. Edward Lee Linger, No. 101410 - - Barbie Paugh appeals the circuit court's order that affirmed the family court's orders regarding a parenting plan and educational choices for the parties' children. - Rescheduled to 9/20/11

3. Municipal Mutual Insurance Company v. Terry Hundley, Administrator., No. 11-0107 - Petitioner Municipal Mutual Insurance Company of West Virginia files an appeal of a partial summary judgment order pursuant to Rule 54(b). The circuit court found coverage in a homeowner's policy for two ATVs. Petitioner argues that the policy was void for lack of an insurable interest because the sole named insured had died. Alternatively, petitioner argues that even if the policy was not void, there was no coverage under the language of the policy when read as a whole.

4. Craig A. Griffith, Tax Commissioner v. Frontier West Virginia, Inc., No. 11-0166 - The State Tax Commissioner appeals from the circuit court's order reversing the Office of Tax Appeals's denial of Verizon's petition for a refund in the amount of $9,259,083.60 for its calendar year 2004 Telecommunications Tax. The Tax Commissioner asks this Court to grant its petition for appeal in order to resolve differing circuit court decisions as to the definition of "gross income" under the Telecommunications Tax and to reverse the circuit court's order herein.

5. 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.

Rule 19 argument - 1:30 p.m.

6. Lee James Crawford v. David and Mary Snyder and Huntfield, L.C., No. 101579 - Defendant Crawford appeals from the circuit court's judgment order entered following the adverse jury verdict and its order denying defendant's motion for a new trial. Defendant seeks a reversal of those orders and the award of a new trial in this personal injury action arising out of a motor vehicle accident resulting in a pedestrian fatality.

7. In the Matter of: B.E.L.S., No. 11-0389 - Petitioners appeal from the circuit court's order denying their petition for the adoption of a minor child and their petition to terminate the parental rights of the child's biological mother. Petitioners seek a reversal of the circuit court's order.

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