Argument
Docket Wednesday, February 4, 2009
1. Jacob Frederick Jochum, et al. v. Waste Management of West Virginia Inc., et al. - 34264 - Continued to February 25.
2 . Freda Marlene Ratliff v. Norfolk Southern Railway Company - 34156 - The Petitioner, Freda Ratliff as Executrix of the Estate of Sparrel Ratliff, brought a wrongful death action for damages on behalf of her deceased spouse under the Federal Employer's Liability Act. Petitioner now appeals from the lower court's Order granting Summary Judgment in favor of the Respondent Norfolk Southern Railway Company.
- Circuit Court Order
- Appellant's Brief
- Appellee's Brief
- Reply Brief
- Amicus Brief - Norfolk Southern Railway
3. Dana December Smith v. Thomas McBride, Warden, Mt. Olive Correctional Center - 34155 - Continued to February 24.
4. Ricky Drake v.
Waco Oil & Gas Company,
Inc. - 34224 - The issue before the Court is a Certified Question regarding the rights to accounting of a non-leasing co-tenant to mineral rights.
QUESTION: Where an oil and gas producer entered a lease for oil and gas production with one of two co-tenants, unaware of the ownership interest of the non-leasing co-tenant, produces gas pursuant to the lease and is then called upon by the non-leasing co-tenant to account, in determining the amount to which the non-leasing co-tenant is entitled is the correct measure the value of the gas produced less reasonable costs of production or is the correct measure that portion of the royalty to which the non-leasing tenant would have been entitled had each tenant executed the lease.
ANSWER: The correct measure of the accounting is the amount of royalty due pursuant to the lease.
5. Deborah K. Wright v. Mark A. White - 34263 - Mark A. White appeals the circuit court's order which affirmed the family court's final divorce order. Mr. White asserts eleven assignments of error, including that without following the proper procedures and without notice to him, the family court erroneously converted a temporary hearing into the final divorce hearing and then entered the final divorce order the same day. He also asserts error with respect to rulings on rehabilitative alimony, equitable distribution, and attorney's fees/costs.- Dismissed.
6. SER Scott Edwards v. Linda Gibson, Record for the City of Huntington, et al. - 34159 - Petitioner intervenor appeals from the circuit court's order granting a petition for a writ of prohibition thereby prohibiting the City Council of the City of Hurricane from holding a remanded hearing as earlier ordered by Judge Spaulding.
7. Evelyn "Peach" Murphy v. Eastern American Energy Corp., et al. - 33811 - Plaintiff appeals from the circuit court's order awarding summary judgment in favor of defendant in this deliberate intent action. The circuit court ruled that the decedent had no dependents under W.Va. Code §23-4-2(c) and that pursuant to Saville v. Speedway Super America, LLC, No. 33053 (Nov. 15, 2006) (2006 WL 3358431), defendant was entitled to summary judgment. - Continued to April 29.
