Supreme Court of Appeals of West Virginia Decisions 2019

Opinions 501 - 604 of 604

Nicole L. v. Steven W. (Signed Opinion)  
Date: March 21, 2019
Docket Number: 18-0025

Justia Opinion Summary: The Supreme Court reversed the circuit court's order that affirmed a family court order denying the petition for modification filed by Mother seeking to relocate with her children to Kentucky, holding that the lower…

Bruce McDonald Holding Co. v. Addington Inc. (Signed Opinion)  
Date: March 20, 2019
Docket Number: 17-0847

Justia Opinion Summary: The Supreme Court affirmed the judgment of the circuit court granting summary judgment against Petitioners in their action against Respondents based upon a coal lease agreement between the parties and granting summary…

Penn Virginia Operating Co., LLC v. Honorable Phyllis K. Yokum (Signed Opinion)  
Date: March 19, 2019
Docket Number: 18-0019

Justia Opinion Summary: The Supreme Court reversed a consolidated order of the Circuit Courts of Randolph, Barbour and Upshur Counties pursuant to which the Tax Commissioner’s determination was upheld that Penn Virginia Operating Company’s…

In re B.S. (Signed Opinion)  
Date: March 19, 2019
Docket Number: 18-0399

Justia Opinion Summary: The Supreme Court affirmed the circuit court’s order terminating Mother’s custodial rights but leaving intact her parental rights, holding that the circuit court’s account of the evidence was plausible in light of the…

State of West Virginia vs. Clairesse Felipe (Memorandum Decision)
Date: March 18, 2019
Docket Number: 17-0636
Ben Goldstein et al. vs. Peacemaker Properties, LLC (Separate)
Date: March 18, 2019
Docket Number: 17-0796
Darrick Cox vs. Town of Belle (Memorandum Decision)
Date: March 18, 2019
Docket Number: 18-0330
Lawyer Disciplinary Board v. Ronald D. Hassan (Signed Opinion)
Date: March 15, 2019
Docket Number: 16-1210
Goldstein v. Peacemaker Properties, LLC (Signed Opinion)  
Date: March 15, 2019
Docket Number: 17-0796

Justia Opinion Summary: The Supreme Court affirmed in part and reversed in part the circuit court’s order granting summary judgment to Respondents in this nuisance action against a shooting range, holding that because Petitioners’ plea for…

Jeremiah Goodwin vs. City of Shepherdstown et al. (Separate)
Date: March 15, 2019
Docket Numbers: 17-0907, 18-0291
Goodwin v. City of Shepherdstown (Signed Opinion)  
Date: March 15, 2019
Docket Numbers: 17-0907, 18-0291

Justia Opinion Summary: The Supreme Court affirmed two orders of the circuit court dismissing Plaintiff’s complaint against the City of Shepherdstown and Shepherdstown University for malicious prosecution and intentional infliction of emotional…

Dailey v. RJM Holdings, LLC (Signed Opinion)  
Date: March 15, 2019
Docket Number: 18-0040

Justia Opinion Summary: The Supreme Court reversed the order of the circuit court certifying as final the prior orders that granted summary judgment to Respondents in this civil action arising out of the modification of covenants pertaining to…

State of West Virginia vs. Robert M. Lee (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0045
In re N.S., E.S. and A.J. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0085
City of Martinsburg v. Berkeley County Council (Signed Opinion)  
Date: March 15, 2019
Docket Number: 18-0182

Justia Opinion Summary: The Supreme Court vacated the order of the circuit court granting declaratory relief in favor Berkeley County on the County’s suit against the City of Martinsburg seeking a ruling that real property owned by the County…

State of West Virginia vs. Codey Dale Foster (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0247
In re H.G. and K.G. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0773
In re M.B., J.B. and A.R. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0819
In re J.W.-1 (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0872
In re E.A. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0883
In re G.A., R.A.-1 and L.A. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0899
In re H.M. and P.M. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0901
In re E.W. and M.W. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0910
In re L.S., C.S.-1 and C.S.-2 (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0911
In re A.F. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0915
In re B.S. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0916
In re B.C., E.C. and G.C. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0933
In re R.A.-1, L.A. and M.C. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0943
In re S.K. III (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0955
In re S.J., C.B., S.B., A.B., D.B., D.B. (Memorandum Decision)
Date: March 15, 2019
Docket Number: 18-0975
In re A.P.-1 (Signed Opinion)  
Date: March 14, 2019
Docket Number: 18-0448

Justia Opinion Summary: The Supreme Court vacated the circuit court’s order terminating Petitioner’s parental rights to his three minor children despite concluding three months earlier that Petitioner had not abused or neglected them, holding…

Rodney L. Newbrough vs. Gregory A. Newbrough (Memorandum Decision)
Date: March 11, 2019
Docket Number: 18-0085
State of West Virginia vs. Lamont D. (Memorandum Decision)
Date: March 11, 2019
Docket Number: 18-0204
Darrick Cox vs. Town of Belle (Memorandum Decision)
Date: March 11, 2019
Docket Number: 18-0330
State ex rel. Lewis v. Honorable Kurt W. Hall (Signed Opinion)  
Date: March 8, 2019
Docket Number: 18-0337

Justia Opinion Summary: The Supreme Court denied the writ of prohibition sought by Petitioner to have the Supreme Court disqualify the Honorable Kurt W. Hall, Judge of the Circuit Court of Upshur County, from presiding over his criminal trial,…

State ex rel. Universal Underwriters Insurance Co. v. Honorable Patrick Wilson (Signed Opinion)  
Date: March 8, 2019
Docket Number: 18-0509

Justia Opinion Summary: The Supreme Court granted this petition for a writ of prohibition brought by insurers (collectively, Petitioners) seeking to have the Court prohibit enforcement of a ruling by the circuit court that denied Petitioners’…

Reed v. Winesburg (Signed Opinion)  
Date: March 6, 2019
Docket Number: 17-0834

Justia Opinion Summary: The Supreme Court reversed the order of the circuit court reversing the order of the Office of Administrative Hearings (OAH) affirming the revocation of Respondent’s driver’s license for driving under the influence of…

In re A.N. (Signed Opinion)  
Date: March 4, 2019
Docket Number: 18-0446

Justia Opinion Summary: The Supreme Court reversed the decision of the circuit court terminating Father’s parental rights to his daughter, A.N., when he was otherwise deemed a fit parent suitable to care for his son, C.N., holding that there…

Woods v. Jefferds Corp. (Signed Opinion)  
Date: February 28, 2019
Docket Number: 17-0970

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court granting summary judgment in favor of Defendant in this disability discrimination action brought by Plaintiff alleging that Defendant refused to hire him because…

Lawyer Disciplinary Board v. Kourtney A. Ryan (Signed Opinion)
Date: February 27, 2019
Docket Number: 17-0007
State ex rel. W.Va. Department of Transportation, Division of Highways v. Honorable Susan B. Tucker (Signed Opinion)  
Date: February 27, 2019
Docket Number: 18-1012

Justia Opinion Summary: In this condemnation proceeding, the Supreme Court granted the writ of prohibition sought by the West Virginia Department of Transportation, Division of Highways (DOH), holding that the circuit court exceeded its…

Larry C. vs. Donnie Ames, Superintendent (Memorandum Decision)
Date: February 22, 2019
Docket Number: 16-0946
Scotty E. Boothe v. Ralph Terry, Acting Warden (Memorandum Decision)
Date: February 22, 2019
Docket Number: 17-0343
Brandon Sherrod v. Donnie Ames, Superintendent (Memorandum Decision)
Date: February 22, 2019
Docket Number: 17-0726
State of West Virginia vs. Adam Barnhart (Memorandum Decision)
Date: February 22, 2019
Docket Number: 17-0729
In Re: The Estate of J. Herman Isner (Memorandum Decision)
Date: February 22, 2019
Docket Number: 17-0941
Joseph E. Howard v. Ralph Terry, Warden (Memorandum Decision)
Date: February 22, 2019
Docket Number: 17-1102
CCC, Inc. vs J Class Collision, LLC (Memorandum Decision)
Date: February 15, 2019
Docket Number: 17-0660
Presnell v. Presnell (Signed Opinion)  
Date: February 15, 2019
Docket Number: 17-0857

Justia Opinion Summary: In this dispute over the property division in a will, the Supreme Court granted the writ of prohibition sought by Petitioner seeking relief from the circuit court’s grant of Respondents’ motion to sell certain property,…

Saundra J. vs. Robert S. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 17-1145
Vernon M. vs. Jan M. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0041
State of West Virginia vs. Sherman B. Williams (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0095
Gladys J. vs. Ronnie J. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0146
In re K.S. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0596
In re J.S. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0718
In re A.E., L.E., Z.E., and D.P. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0721
In re A.E., L.E., Z.E., and D.P. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0722
In re G.H. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0795
In re S.P. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0800
In re D.H. and H.H. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0829
In re L.A. and K.A. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0830
In re C.C.-1, K.C., M.C., D.C., and C.C.-2 (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0843
In re L.T.-1 and L.T.-2 (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0877
In re L.L. and H.L. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0900
In re A.L. (Memorandum Decision)
Date: February 15, 2019
Docket Number: 18-0938
William Douglas Brown et al. vs. Smith McCausland (Memorandum Decision)
Date: February 11, 2019
Docket Number: 18-0110
Tracie Wilson vs. Tonya Parker et al. (Memorandum Decision)
Date: February 11, 2019
Docket Number: 18-0156
In Re: Mark W. McFall (Memorandum Decision)
Date: February 11, 2019
Docket Number: 18-0433
State v. Sites (Signed Opinion)  
Date: February 7, 2019
Docket Number: 16-0437

Justia Opinion Summary: The Supreme Court affirmed the order of the circuit court sentencing Petitioner for his convictions of first-degree murder, holding a hostage to file, and two counts of possession of a controlled substance with intent to…

In re K.C. (Memorandum Decision)
Date: February 7, 2019
Docket Number: 18-0242
Selwyn Vanderpool, et al. v CPL B.M. Hunt and Greenbrier County Sheriff Department (Signed Opinion)
Date: January 31, 2019
Docket Number: 17-0436
In re R.S. (Memorandum Decision)
Date: January 31, 2019
Docket Number: 18-0562
Jason M. Payne v. Donnie Ames, Superintendent (Memorandum Decision)
Date: January 14, 2019
Docket Number: 17-0730
State of West Virginia v. Iran G. (Memorandum Decision)
Date: January 14, 2019
Docket Number: 17-0780
State of West Virginia v. Robert Blake (Memorandum Decision)
Date: January 14, 2019
Docket Number: 17-0920
State of West Virginia v. Justin E. Hobday (Memorandum Decision)
Date: January 14, 2019
Docket Number: 17-1036
Ronald S. v. Donnie Ames, Superintendent (Memorandum Decision)
Date: January 14, 2019
Docket Number: 17-1099
State of West Virginia v. Edward H. (Memorandum Decision)
Date: January 14, 2019
Docket Number: 17-1116
State of West Virginia v. Megan J. Stewart (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0006
In re K.S. (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0059
Teddy Atkins II v. Angela Atkins (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0084
In re J.M. (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0604
In re T.H. (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0719
In re S.S. (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0733
In re N.L. (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0745
In re J.B. (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0774
In re L.C. (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0777
In re N.B., I.L., C.C.-1, and C.C.-2 (Memorandum Decision)
Date: January 14, 2019
Docket Number: 18-0792
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