West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Tuesday, October 3, 2017

Rule 20 argument - 10:00 a.m.

Copper Beech Townhome Communities v. Patrick Morrisey, Attorney General, No. 17-0228 - Question Certified by the Circuit Court of Kanawha County:
Does the West Virginia Consumer Credit and Protection Act (including W.Va. Code §§ 46A-6-101 to -106) apply to the relationship between a landlord and tenant under a lease for residential rental property?
Circuit Court Answer:

iPacesetters, LLC v. Kace Douglas and Randi Dampha, et al., No. 16-0844 - Petitioner appeals the circuit court’s award of summary of judgment to respondents. Respondents sought recovery, from petitioner, of a judgment that respondents obtained against a third party with a contractual business relationship with petitioner. Petitioner argues that the circuit court erred in prioritizing respondents’ judgment lien over a federal tax lien and pre-existing judgment lien; in finding that petitioner’s payments to the third party were subject to suggestion when petitioner’s obligations to make such payments were contingent in nature; and in awarding summary judgment to respondents where petitioner had a constitutional and statutory right to a jury trial, pursuant to West Virginia Code § 38-5-18.

SER Huntington Bancshares v. Hon. Jacob E. Reger, et al., No. 17-0350 - Petitioner seeks a petition for writ of prohibition challenging a circuit court order requiring the production of documents the Bank claims are privileged. Withdrawn.

In Re: Z.D. and D.D., No. 17-0123 - Petitioner Father appeals the circuit court’s order denying him court-appointed counsel for future child custody proceedings in this abuse and neglect matter.

West Virginia Board of Education v. Board of Education of Nicholas County, No. 17-0767 - This is an appeal from the circuit court of Kanawha County. The circuit court granted the request for injunctive relief by the Nicholas County Board of Education concluding that the West Virginia Board of Education did not have the authority to disapprove of the school consolidation plan under the procedure as presented. The Court granted a motion to expedite consideration of this appeal because of the time constraints related to FEMA funding for construction.

Rule 19 argument

Stjepan Sostaric v. Sally Marshall, No. 16-0685 - Petitioner appeals the June 2, 2016, order of the Circuit Court of Morgan County that granted summary judgment to respondent.

Lawyer Disciplinary Board v. Alfred Joseph Munoz, No. 16-0645 - The Court will hear arguments in the lawyer disciplinary matter.