Justia West Virginia Supreme Court of Appeals Opinion Summaries

Petitioner in this case was the court-appointed guardian of eight-year-old Haylea. Respondents were Haylea's biological parents (Mother and Father). Upon a petition by Mother, the circuit court terminated the infant guardianship between Petitioner and Haylea and ordered Petitioner to return certain funds paid to her by the Social Security Administration on behalf of Haylea. The court also imposed a monetary sanction for each day the funds were not returned. The Supreme Court (1) affirmed the circuit court's order insofar as it terminated Petitioner's guardianship of Haylea; but (2) reversed the portion of the order directing the return of funds and imposing a monetary sanction against Petitioner, holding that the circuit court lacked jurisdiction to order that the funds be returned, and consequently, the monetary penalty was moot. View "In re Haylea G." on Justia Law

Lisbeth Cherrington entered into a contract with the Pinnacle Group for the construction of a home. Anthony Mamone worked with Cherrington during the contract and construction process. After the construction was completed, Cherrington filed this action against Pinnacle and Mamone, alleging, inter alia, negligence, misrepresentation, and breach of fiduciary duty. Pinnacle and Mamone requested Erie Insurance Property and Casualty Company, with whom they had insurance policies, to provide coverage and a defense. Because Erie denied both coverage and a duty to defend, Pinnacle and Mamone filed a third-party complaint against Erie seeking a declaration of the coverage provided by their policies. The circuit court granted Erie's motion for summary judgment, finding that the three policies issued to Pinnacle and Mamone did not provide coverage for the injuries and property damage allegedly sustained by Cherrington. The Supreme Court (1) affirmed the circuit court's finding that neither Mamone's homeowners policy nor his umbrella policy provided coverage under the facts of this case; but (2) reversed the circuit court's ruling finding no coverage to exist under Pinnacle's commercial general liability policy. Remanded. View "Cherrington v. Erie Ins. Prop. & Cas. Co." on Justia Law

Petitioner here was Gaddy Engineering Company, and Respondents were an individual lawyer, Thomas Lane, and a law firm in which Lane was a partner (Bowles Rice). Petitioner contended that the Lane agreed to pay Petitioner one-third of all sums Bowles Rice received in connection with its legal representation of a group of land companies in a case to be filed against a company for alleged underpayment of gas royalties. The circuit court granted summary judgment to Respondents as to all claims. The Supreme Court affirmed, holding, inter alia, that the trial court (1) correctly applied the doctrine of impracticability as to Petitioner's breach of contract claims; (2) did not err in ruling that no attorney-client relationship existed between Petitioner and Respondents, and thus the trial court did not err in granting summary judgment on Petitioner's professional negligence claim; (3) correctly granted summary judgment on Petitioner's claim of fraud; and (4) did not err in granting summary judgment on Petitioner's claim seeking relief in quantum meruit. View "Gaddy Eng'g Co. v. Bowles Rice McDavid Graff & Love, LLP" on Justia Law

The grand jury returned an indictment against Defendant charging Defendant with several sexual offenses. Defendant filed a motion to suppress statements to police officers during an interrogation. Before the interrogation, Defendant requested that counsel be appointed to him after his arraignment. Before he had an opportunity to confer with his counsel, however, Defendant was approached by a police officer and asked to sign a waiver of his right to counsel. Defendant signed the waiver and then made inculpatory statements to the police. The circuit court denied the motion to suppress, finding that the interrogation was not conduct in violation of Defendant's right to counsel pursuant to Montejo v. Louisiana. Defendant subsequently pleaded guilty to sexual abuse by a parent, guardian, custodian, or person in a position of trust. On appeal, the West Virginia Supreme Court faced the question of whether it would follow its existing precedent or adopt the conclusions of the U.s. Supreme Court in Montejo. The Supreme Court reversed after declining to adopt Montejo, holding that the circuit court erred by failing to suppress the inculpatory statements made by Defendant. Remanded. View "State v. Bevel" on Justia Law

In 1907, Florence conveyed her 1/7 interest in "the surface only" of a 225-acre tract of land to Walter, her brother, who was vested with an undivided 6/7 interest in the tract. The subject tract was subsequently conveyed several times. In 1967, Respondent purchased the interest in the 225-acre tract that was previously owned by Walter. Respondent asserted that he was the sole owner of all oil and gas rights under the tract. Petitioners, successors to Florence, contended that they owned a portion of the 1/7 interest in the oil and gas under the tract. The circuit court ruled in favor of Respondent after declaring that the term "surface only" was ambiguous and relying on contemporary testimony to interpret the deed. The Supreme Court reversed, holding (1) the term "surface," when used as a term of conveyance, is not presumptively ambiguous and does have a definite and certain meaning; (2) the deed clearly conveyed from Florence to Walter her share of "the surface only" to the tract and reserved to Florence the remainder of the tract, including the oil and gas underlying the tract; and (3) accordingly, Petitioners were owners of a portion of Florence's 1/7 interest in the minerals underlying the tract. View "Faith United Methodist Church & Cemetery of Terra Alta v. Morgan " on Justia Law

Wife filed for divorce from Husband. In its decree of divorce and final order, the family court awarded permanent spousal support in the amount of $1,600 per month for Wife, found that Husband was a greater contributor to the breakdown of the marriage than Wife, and required that Husband pay $44,314 in equitable distribution to Wife. The circuit court affirmed. The Supreme Court reversed, holding (1) there was an insufficient factual basis in the record for the Court to determine whether the $1,600 spousal support award was appropriate; and (2) because the family court did not make findings of fact as to the value of the marital interest in the home, the court erred in requiring Husband to pay $44,314 in equitable distribution to Wife. Remanded. View "Collisi v. Collisi" on Justia Law

Craig Payne died after choking on a hot dog fed to him at a D.E.A.F. Education and Advocacy Focus (DEAF) day rehabilitation center. Following Payne's death, investigations revealed that DEAF suffered from serious deficiencies. DEAF's license was subsequently revoked. Thereafter, the Department of Health and Human Services (DHHR) issued DEAF a provisional license for six months, after which a regular renewal license was issued. Payne's parents (Respondents) filed suit against certain DHHR employees and agents, alleging the the DHHR defendants were negligent in their licensure of DEAF. The DHHR defendants filed a motion for summary judgment, alleging that they were entitled to qualified immunity. The circuit court denied the motion. The Supreme Court reversed, holding that the DHHR defendants were entitled to qualified immunity on Respondents' claims. Remanded. View "W. Va. Dep't of Health & Human Servs. v. Payne" on Justia Law

After a jury trial, Petitioner was convicted of first degree murder and sentenced to life imprisonment without the possibility of parole. The Supreme Court affirmed Petitioner's conviction on appeal, holding (1) Petitioner relinquished the right to have the jury instructed on the issue of self-defense in the manner he argued on appeal; (2) Petitioner waived his right to claim error in the admission of a prior statement given by Petitioner's son to the police; (3) the evidence was sufficient to support the conviction; (4) the substantial rights of Petitioner were not affected by improper remarks by the prosecutor, and accordingly, there was no plain error; and (5) the circuit court did not err in denying Petitioner's motion for a new trial based on juror misconduct. View "State v. White" on Justia Law

The Bunch Company filed consumer complaint, alleging that when BrickStreet Mutual Insurance Company became its insurer, BrickStreet wrongfully included a charge for the expense of an agent commission in the workers' compensation premium. The West Virginia Insurance Commissioner denied relief, upholding the previously approved rates. The circuit court reversed and vacated the Commissioner's administrative order. The Supreme Court reversed, holding (1) the Commissioner did not err in allowing BrickStreet to charge Bunch for a non-incurred agent commission; (2) the Commission properly found the insurance rates at issue were reasonable, and the trial court encroached upon a matter that has been expressly delegated to the executive branch by ignoring the deference the Commissioner was entitled to in connection with the interpretation of its own regulation; and (3) this case did not present any factual disputes requiring the Commissioner to hold a hearing. View "W. Va. Employers' Mut. Ins. Co. v. Bunch Co." on Justia Law

Respondent's employment with the West Virginia Department of Transportation (DOH) was terminated because Respondent allegedly accessed and attempted to access pornographic websites using a computer owned by the State. Emphasizing that the computer was located in a common area for the use of several workers, Respondent denied that he was the offending employee. The Public Employees Grievance Board found in favor of Respondent and directed the DOH to reinstate him to his employment. The circuit court affirmed. The Supreme Court affirmed, holding that the DOH did not carry its burden of proving the allegations against Respondent by a preponderance of the evidence. View "W. Va. Dep't of Transp. v. Litten" on Justia Law