Supreme Court of Appeals of West Virginia

gavel Argument Docket  
Tuesday, April 26, 2005

1.  Glen and Anita Yeager, et al. v. Aetna Casualty & Surety Co., et al. - 31939 - Petitioners seek appellate review of the circuit court's grant of respondent Aetna's motion for summary judgment and denial of petitioners' motion for summary judgment. The Court found that Aetna had no duty to defend the underlying cases and that there was no coverage under the policies for the complaints alleged.
 - This case has been rescheduled to June 8.

2.  Fefe S. Gordon, et al. v. First Republic Mortgage Corp., Inc., etc., et al.  - 31970 - Plaintiffs below appeal circuit court’s order denying their motion for new trial when jury returned verdict for Defendant, arguing that circuit court erred in excluding Plaintiffs’ appraisal witnesses, erred in granting Defendant judgment as a matter of law on Plaintiffs’ joint venture and conspiracy claims, and arguing that the jury’s verdict was not consistent with the instructions it received from the court and was against the clear weight of the evidence.  - Dismissed. 

3.  SER Jason Parks, Rep. v. Gregory Burton, Ex. Dir., WCC - 32519 - Personal Representative of deceased workers’ compensation claimant seeks a writ of mandamus against the Workers’ Compensation Commission regarding payment of medical bills.

4.  POBRO, L.L.C. v. Arthur R. LaFollette, et al. - 32192 - The La Follettes appeal the circuit court's 06/12/03 Bench Trial Final Order finding that Pobro, L.L.C., and its successors-in-title, has a prescriptive easement over the La Follettes' property, which is nine feet wide with an additional three feet on each side for any cuts, ditches, culverts, or drains for a total width of fifteen feet. -  To be submitted on briefs only without oral argument. 

5.  John Heath White v. William S. Haines, Warden, et al. - 32190 - White appeals the circuit court's 12//12/03 order dismissing his Section 1983 action for a failure to exhaust his administrative remedies and a failure to state a claim upon which relief can be granted. -  To be submitted on briefs only without oral argument. 

6.  SER Larry L. LeMasters v. Hon. John T. Madden, Judge - 32518 - Dismissed. 

7.  SER Anita D. Brown, Exex, et al. v. The Corporation of Bolivar, et al. - 32532 - Petitioners seek a writ of mandamus to compel the Town Council to approve the plat of a planned subdivision and to issue related building permits. - This case will be heard at 2:00 p.m.

8.  In The Matter of: William Tom Toler, Magistrate for Wayne County - 31797 - Wm. Toler was suspended without pay by this Court pursuant to an indictment by Wayne County Circuit Court. Toler was found "not guilty" on 11 counts on 2/24/05.

 

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Tuesday, April 26, 2005