West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Wednesday, April 19, 2017

Rule 20 argument - 10:00 a.m.

Dwayne Cales v. Town of Meadow Bridge, et al., No. 16-0324 - Petitioner, a former member and vice-chairman of the Meadow Bridge Sanitary Board, appeals the denial of his petition for a writ of mandamus. The Town Council removed petitioner from the Board by majority vote; petitioner argued in his mandamus petition that, at the time of his removal, he was an appointed city official, and thus, was entitled to the procedural protections set forth in West Virginia Code § 6-6-7. Continued from March 8, 2017

Quicken Loans Inc. v. Sue Walters, No. 16-0298 - Petitioner appeals the circuit court’s order denying its motion for judgment on the pleadings and argues that the circuit court erred in its application of West Virginia Code § 31-17-8(m)(8). Further, petitioner contends that the circuit court’s award of attorney’s fees to respondent was unreasonable and that the circuit court failed to offset compensatory damages by the total amount of the pre-trial settlements between respondent and the other defendants.

Erie Insurance Property and Casualty Company, et al. v. Dimitri and Mary Chaber, No. 16-0490 - Petitioners appeal the February 1, 2016, order entered in the Circuit Court of Kanawha County that declared that the business property owned by Respondents Dimitri and Mary Chaber was covered for damage resulting from earth movement caused by both man-made and naturally-occurring events

Rule 19 argument

Yeshiareg Mulugeta v. Dimitri Misailidis , No. 16-0494 - Petitioner appeals the April 15, 2016, order of the Circuit Court of Berkeley County that denied her appeal of a family court order involving whether certain property was separate (pre-marital) property belonging to Respondent, whether certain expenditures were properly made from the parties’ marital funds, and whether an award of $4,000.00 in spousal support to Wife was appropriate.

Dreama Bowden v. Monroe County Commission, Nos. 16-0597 - Petitioner appeals the grant of summary judgment to respondents in her wrongful death action related to the death of Lowell Bowden.