# Leslie Equipment Co. v. Wood Resources Co.

> West Virginia Supreme Court · October 30, 2009 · 224 W. Va. 530

URL: https://www.frixlaw.com/law-library/cases/9852410

## Case

- **Full name:** LESLIE EQUIPMENT COMPANY, a West Virginia Corporation, Plaintiff Below, Appellee v. WOOD RESOURCES COMPANY, L.L.C., Christopher Todd Zach, Individually and D/B/A Wood Resources Company, L.L.C., Ramona C. Goeke, Individually and D/B/A Wood Resources Company, L.L.C., and Wendell L. Koprek, Individually and D/B/A Wood Resources Company, L.L.C., Defendants Below, Christopher Todd Zach and Ramona C. Goeke, Appellants
- **Court:** West Virginia Supreme Court
- **Decided:** October 30, 2009
- **Citations:** 224 W. Va. 530; 687 S.E.2d 109
- **Precedential status:** Published
- **Opinion:** Concurrence by Ketchum
- **Judges:** McHugh, Davis, Workman, Ketchum
- **Cited by:** 19 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9852410

## Opinion text

KETCHUM, Justice,
concurring:
I concur completely with the majority opinion. I write to express my concern that Rule 60(b)(4) requires that a motion to set aside a void judgment must be filed within a reasonable period of time after entry of the void judgment.
What is a reasonable period of time? If a defendant learns 10 years later that a void judgment has been entered against him or her, is it too late to set aside the void judgment under Rule 60(b)(4)? What constitutes a “reasonable time” is not subject to precise definition. Savas v. Savas, 181 W.Va. 316 , 319 n. 2, 382 S.E.2d 510 , 513 n. 2 (1989) (The term “reasonable time” is not susceptible of a precise definition). Different circuit judges will apply different definitions to the term “reasonable time.”
There should be no time limit to set aside a void judgment. Once void, always void. Although Rule 60(b) indicates that relief from a judgment may also be sought through an independent action, Rule 60(b) should be amended to eliminate any time limit for setting aside a judgment that is void.
I, therefore, concur in the decision of this Court.
I am authorized to state that Justice WORKMAN joins me in this concurrence.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9852410. Public record. Not legal advice.