In this companion case to In re Tax Assessment of Foster Foundation's Woodlands Retirement Community, ___ W. Va. ___, ___ S.E.2d ___ (No. 33891 Nov. 5, 2008), the appellants herein and petitioners below, Bayer MaterialScience, LLC and Bayer CropScience USA, LP (hereinafter collectively referred to as "Bayer"),2 appeal from three orders entered by the Circuit Court of Kanawha County on June 28, 2006; October 2, 2007; and October 23, 2007. By those orders, the circuit court affirmed...  

The appellant, Robert Lee Shingleton, was found guilty by a jury in the Circuit Court of Kanawha County, West Virginia, of the felony offense of malicious assault. The Circuit Court entered judgment upon the verdict, denied the appellant's motion for a new trial and, following a recidivist proceeding, entered an order on October 24, 2006, sentencing him to 4 to 10 years in the penitentiary.1 The appellant filed a notice of intent to appeal in the Circuit Court, and the appeal was subsequently...  

This is an appeal by Bonnie Sue Burton (hereinafter "Appellant") from an order of the Circuit Court of Logan County dismissing her Petition for Appeal from a final order of the Family Court. The Appellant contends that the Circuit Court erred in dismissing the Petition for Appeal and argues that her Motion for Reconsideration tolled the running of the statutory time limit for appealing from Family Court to Circuit Court. Upon thorough review of the briefs, record, arguments of counsel,...  

Paul E. Forshey and his wife Melissa, appellants herein and plaintiffs below (hereinafter collectively referred to as "the Forsheys"), appeal an order of the Circuit Court of Kanawha County that dismissed their malpractice action against Dr. Theodore A. Jackson, M.D., appellee herein and defendant below (hereinafter referred to as "Dr. Jackson"), as having been untimely filed. The Forsheys urge this Court to adopt the continuous medical treatment doctrine and to apply that...  

In this appeal, Choice Lands, LLC (hereinafter "Choice Lands"), challenges two related orders of the Circuit Court of Cabell County involving an easement across property the company owns. The first order, entered July 20, 2006, granted judgment on the pleadings in favor of two of the defendants below, Kenneth and Joyce Jones (hereinafter referenced collectively as the "Joneses").2 Thereafter Choice Lands moved to vacate or obtain relief from that decision,3 which the lower court...  

The appellant, Charles Cowley, was indicted and convicted of second degree sexual assault by a jury. The appellant was sentenced to not less than ten nor more than twenty-five years. He now appeals his conviction and sentence, assigning various error by the circuit court during the trial... For the reasons set forth below, we affirm... I... The appellant, Charles Cowley, arrived at the Williams Trailer Park in Boone County, on Friday March 21, 2003, to visit with his friends, Jeff and Shannon...  

In the instant case we reinstate an order of the West Virginia Surface Mine Board that upheld the denial of a quarry mine permit... I... Facts & Background... The appellant, the West Virginia Division of Environmental Protection ("DEP"), appeals from a March 21, 2007 order of the Circuit Court of Kanawha County. That order reversed and vacated a January 29, 2003 decision of the West Virginia Surface Mine Board ("Board") that upheld the DEP's denial of a permit to the appellee,...  

The West Virginia Department of Transportation through its Division of Highways filed a condemnation proceeding in Logan County seeking to condemn property owned by the appellant, Contractor Enterprises, Inc. In circuit court the appellant challenged the proceeding claiming that the property to be condemned was not necessary to accomplish a public purpose. The circuit court denied the appellant's motion to dismiss and appellant's motion for a permanent injunction. Appellant appeals the circuit...  

The West Virginia Secondary Schools Activities Commission ("SSAC") appeals from the May 21, 2007, order of the Circuit Court of Cabell County, through which the trial court struck down certain legislative rules promulgated by the SSAC as unconstitutional or arbitrary and capricious; ruled that the SSAC is a state agency; and awarded attorney's fees and costs to Appellee O.J. Mayo. The proceeding below was initiated on January 30, 2007, when O.J. Mayo sought an injunction to prohibit...  

The respondent below and appellant herein, Howard Painter, as the Warden of Mount Olive Correctional Center (hereinafter "appellant"), appeals from an order entered March 16, 2007, by the Circuit Court of Wayne County. In the underlying case, the circuit court granted summary judgment in a habeas corpus action filed by the petitioner below and appellee herein, Stephen Westley Hatfield (hereinafter "defendant"). The circuit court determined that the defendant was incompetent at...  

The appellant, William T. Smoot, II, by his next friend, Kari Major2 (hereinafter collectively referred to as "Mr. Smoot"), filed this appeal from an order of the Circuit Court of Kanawha County granting summary judgment to the appellees, American Electric Power, Verizon of West Virginia, Inc., and Charter Communications, Inc.3 Here, Mr. Smoot contends that the circuit court erred in finding, as a matter of law, that the defendants did not owe him a legal duty to place guy markers on...  

This case is before this Court upon appeal of a final order of the Circuit Court of Harrison County entered on March 9, 2007. In that order, the circuit court reversed the revocation of the driver's license of the appellee and petitioner below, Steven Lowe, by the appellant, Joseph Cicchirillo, Commissioner of the West Virginia Division of Motor Vehicles (hereinafter, the "DMV"). The DMV now appeals the reversal of the revocation of the appellee's driver's license. Based upon the...  

This juvenile delinquency case is before this Court upon appeal of a final order of the Circuit Court of Wood County entered on January 24, 2007. The appellant, Megan S.2, was adjudicated a juvenile delinquent for committing the offense of battery. In the final order, Megan S. was placed on probation until she reaches the age of twenty-one.3... In this appeal, Megan S. contends that there was insufficient evidence to prove that she committed the offense of battery. Megan S. also argues that she...  

This case is before this Court upon appeal by Robert and Lawrence Macek, as administrators of the Estate of Phyllis Macek (hereinafter "Appellants") from a final order of the Circuit Court of Brooke County denying post-trial relief subsequent to a defense verdict in this medical malpractice action. The Appellants contend that the lower court erred in failing to strike two potential jurors for cause. Subsequent to a six-day trial, the jury returned a unanimous verdict in favor of the...  

This is an appeal by Appellant William Woodson from his conviction in the Circuit Court of Kanawha County, West Virginia, of first degree robbery and malicious wounding. Appellant raises numerous assignments of error which he alleges occurred at trial and sentencing. Appellant also alleges that he was denied effective assistance of counsel at trial... This Court has carefully considered the petition for appeal, all matters of record and the briefs and argument of counsel. For the reasons...  

This case involves the appeal of Jeanne Cartwright (hereinafter "Appellant"), as guardian and mother of her minor daughter, Tiffany Cartwright (hereinafter referred to individually as Tiffany), from the July 3, 2007, order of the Cabell County Circuit Court granting summary judgment in a medical malpractice action for one of the defendants below2 and sole appellee herein, Cabell Huntington Hospital (hereinafter "CHH"). Appellant maintains that the lower court incorrectly...  

Jane L. Cline, the Insurance Commissioner of the State of West Virginia ("Insurance Commissioner"), seeks a writ of prohibition2 in connection with two orders3 entered by the Circuit Court of Grant County directing her to produce documents relating to the investigation of a former insurance agent. Arguing that the materials are both confidential and privileged based on statutory law,4 the Petitioner asserts that the trial court erred in ordering that the subject materials be disclosed...  

John H. Grose (hereinafter "Appellant") brings this appeal of the September 20, 2007, order of the Circuit Court of Nicholas County affirming the June 5, 2007, and June 26, 2007, orders of the Family Court of Nicholas County. The June 5 family court order directed that a portion of Appellant's pension benefits be divided with Appellant's former wife, Shirley E. Grose (hereinafter "Appellee"), in accordance with an August 6, 1990, equitable distribution order entered in relation...  

This is an appeal by Laurie Ann Murphy and Shawn M. Murphy, Sr., parents and natural guardians of Shawn Murphy, Jr., a minor, from a jury verdict in the Circuit Court of Ohio County in favor of Appellees, Dr. Dennis L. Burech and the West Virginia University Board of Governors (hereinafter "Appellees") in a medical malpractice action in which Mr. and Mrs. Murphy (hereinafter "Appellants") had alleged negligence surrounding the birth of their son. Upon thorough review of the...  

The plaintiffs below and appellants herein, Certain Underwriters at Lloyd's, London (hereinafter "Lloyd's), appeal from an order entered April 11, 2007, by the Circuit Court of Wyoming County. By that order, the circuit court granted summary judgment to the defendants below and appellees herein, PinnOak Resources, LLC and Pinnacle Mining Co., LLC (hereinafter referred to collectively as "PinnOak"). Subsequently, the Circuit Court of Wyoming County entered an order on June 21, 2007,...