West Virginia Judiciary

Supreme Court of Appeals Argument Docket

Wednesday, Febuary 14, 2018

Rule 20 argument - 10:00 a.m.

Billy Ray Lloyd, Jr. v. David Ballard, Warden, No. 16-1166 - Petitioner appeals the circuit court’s order denying his petition for writ of habeas corpus in this civil matter.

Rule 19 argument

Terri Smith and Kenneth Smith v. Robert Gebhardt, et al. , No. 17-0206 - Petitioners appeal the February 3, 2017, order of the Circuit Court of Ohio County that dismissed their action for breach of contract and negligent construction against Respondents Robert Todd Gebhardt, Michael Coyne, and Triple S & D, Inc., as a sanction for alleged repeated litigation misconduct and spoliation of evidence. RESCHEDULED TO FEBRUARY 13, 2018.

Family Dollar Stores of West Virginia v. Rachel Tolliver, 17-0236 - Petitioner appeals the Circuit Court of Wyoming County’s January 10, 2017, order denying petitioner’s motion to compel arbitration and motion to dismiss. Petitioner argues that the circuit court erred in finding that respondent’s claims were not covered by the parties’ arbitration agreement and that the agreement was superseded by West Virginia Code § 23-5A-3. Further, petitioner contends that the circuit court exceeded its authority by ruling on the validity and enforceability of the arbitration agreement.