Case law

Findley v. State Farm Mutual Automobile Insurance

213 W. Va. 80 · West Virginia Supreme Court · Jan 6, 2003

Findley to be entitled to the relief she seeks under Mitchell, her claim is governed by our well-established precedent upholding both types of anti-stacking exclusions. … This is so because, “an order qualifies as a final order when it ‘ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.’ ” Durm v.

Dr. Robby Keith and Dr. John Deel v. Christine Lawrence, Administratrix

West Virginia Supreme Court · Nov 20, 2015

Singer was qualified to render an opinion in this matter; defended the sufficiency of the certificates of merit served upon petitioners; and argued that the certificates satisfied the spirit of the MPLA. 4 … “Where the issue on appeal from the circuit court is clearly a question . . . involving interpretation of a statute, we apply a de novo standard of review.” Syl. Pt. 1, in part, Chrystal R.M. v.

Lawyer Disciplinary Board v. Phillip s. Isner

West Virginia Supreme Court · Mar 27, 2026

Isner by phone, that he failed to calendar court dates and timely advise her of cancelled hearings, that he lost photos and other documents related to her case, and that he failed to timely and properly prepare a qualified … Isner for his interest in continuing his practice management improvements, however, our prior supervised practice requirement did not grant him immunity from discipline for complaints not yet adjudicated.24 Even if Mr.

Rossi A. Gray, Jr. v. David Ballard, Warden

West Virginia Supreme Court · Jan 20, 2017

Therefore, we conclude that, under the facts and circumstances of this case, petitioner’s prior proceeding in Gray II qualifies as an omnibus habeas corpus proceeding under syllabus point two of Losh. … Claims of ineffective assistance of counsel are governed by the two-pronged test established in Strickland v.

State v. Hughes

225 W. Va. 218 · West Virginia Supreme Court · Feb 11, 2010

In order to qualify as an excited utterance under W. Va. R. … Hughes’ cell phone clearly established that she believed Mr. Hughes was going to “shoot up” her apartment with her child present. Within an hour and twenty minutes of that statement, Mr. Hughes entered Ms.

Aldrich v. Aldrich

147 W. Va. 269 · West Virginia Supreme Court · Jul 6, 1962

White was named and has qualified as executor of the estate, which is now in process of administration, and the assets of the estate according to the ap-praisement filed with the amended complaint, consisting of personal … In the light of the foregoing well established legal principles in considering whether the judgment, entered by the Circuit Court of Dade County, Florida,, awarding alimony to extend beyond the death of M. S.

State v. Peyatt

173 W. Va. 317 · West Virginia Supreme Court · Dec 15, 1983

Clearly, the appellant should have subpoenaed the males in question if he desired to pursue the issue. … The options of the fifth amendment and a grant of immunity are, of course, always open when such testimony is sought, but the far more practical course is *583 to lie.

State Ex Rel. Town of South Charleston v. Partlow

133 W. Va. 139 · West Virginia Supreme Court · Jul 6, 1949

establishment be submitted to the voters. … Oji that ground the validity of each contract may be sustained, and those cases are clearly distinguishable from the case at bar.

Mark A. Gomez, of the Estate of Aurelio Rafael Gomez, M.D. v. Andrea Gomez Smith and Matthew Eric Gomez, M.D.

West Virginia Supreme Court · May 26, 2020

“Where the issue on an appeal from the circuit court is clearly a question of law . . . we apply a de novo standard of review.” Syl. Pt. 1, in part, Chrystal R.M. v. Charlie A.L., 194 W. … STANDARD OF REVIEW It is well established in this Court’s jurisprudence that “‘[w]here the issue on an appeal from the circuit court is clearly a question of law . . . we apply a de novo standard of review

FMS Enterprise, Inc. a WV Corp v. Rose Senior Care, LLC

West Virginia Supreme Court · Aug 30, 2022

The trial court qualified Daniel McClain as an expert “in the field of construction contractor.” … Thus, giving Rose Senior Care’s evidence every reasonable and legitimate inference, and assuming the jury accepted Daniel McClain’s testimony as true, we determine that sufficient evidence was presented to establish that

George v. Crim

66 W. Va. 421 · West Virginia Supreme Court · Dec 7, 1909

Failure to establish the relation of surety on the part of the plaintiff’s decedent is strongly urged as a ground of error. … That order constituted the basis of Crim’s demand upon him and receipt of the money, and is clearly admissible.

State v. Jarvis

199 W. Va. 38 · West Virginia Supreme Court · Dec 12, 1996

Roche Biomedical Reference Laboratories (Roche) was engaged to do additional PCR-type DNA testing, as the State Police Laboratory was not qualified to do testing on sites other than DQ alpha. … We find that the trial court did not abuse its discretion in ruling the jacket had been adequately identified and the chain of custody was properly established.

Jacobs v. Jacobs

100 W. Va. 612 · West Virginia Supreme Court · Jan 19, 1926

There can be no doubt of the general rule contended by for counsel, as the numerous decisions of this court cited by them, clearly establish. … petitioners sets forth their interest in the said fund as purchaser and creditors; the fact that pending said appeal special receivers of said office building and of the rents and profits thereof had been appointed and qualified

Allstate Insurance v. Smith ex rel. Evans

202 W. Va. 384 · West Virginia Supreme Court · Jun 22, 1998

After discussing the omnibus clause, the Court announced its ruling by stating: Because the record so- clearly demonstrates that the Appellant’s son had not received the Appellant’s or his spouse’s express or implied permission … Allstate acknowledged during oral argument before this Court that if Ellison had been driving the vehicle at the time of the accident, the policy limits would be available for the injuries Evans sustained because Ellison qualifies

Erie Ins. Co. v. Dolly

811 S.E.2d 875 · West Virginia Supreme Court · Mar 12, 2018

Kuchinski's ATV qualified as an "uninsured motor vehicle." … Clearly, the circuit court's order denying the motion to dismiss did not approximate a final order in its nature and effect. It did not resolve the bad faith claims.

Love v. Georgia Pacific Corp.

214 W. Va. 484 · West Virginia Supreme Court · Dec 9, 2003

"The party who seeks to establish the propriety of a class action has the burden of proving that the prerequisites of Rule 23 of the West Virginia Rules of Civil Procedure have been satisfied." … In this case there was clearly no attempt to vigorously prosecute the interests of the class.

SER State of West Virginia v. Hon. Robert A. Burnside, Jr., and Richard Hardison, Jr.

233 W. Va. 273 · West Virginia Supreme Court · Apr 17, 2014

no other adequate means, such as direct appeal, to obtain the desired relief; (2) whether the petitioner will be damaged or prejudiced in a way that is not correctable on appeal; (3) whether the lower tribunal’s order is clearly … procedures relating thereto; requiring court orders as a condition precedent to any such interception or installation of any wiretap, pen register, trap and trace device or similar device; designated judges; providing for civil immunities

Rau v. Krepps

101 W. Va. 344 · West Virginia Supreme Court · Apr 13, 1926

Va., on August 24, 1917, and the executors named in the will qualified as such. C. C. Krepps assumed active charge of the estate until August, 1919, when he resigned. … The gift of personal property to Krepps in the second paragraph of the will, being “for his own use and benefit forever” is so clearly and positively expressed, that the repugnant provision in the fifth paragraph will not

In The Matter of: Judge William M. Watkins, III

West Virginia Supreme Court · Mar 26, 2013

“Every judge of a court of record of this State shall be enrolled as an inactive member [of the bar] during his or her continuance in such office[.]” 13 lawyer is no longer qualified … When a judge insults, ridicules, or disparages counsel, the parties, jurors, or witnesses, it is clearly misconduct.

Cecil v. Clark

44 W. Va. 659 · West Virginia Supreme Court · Apr 9, 1898

Clearly, there is jurisdiction under the head of partition for the Hall heirs, because the defendants are clearly co-tenants with them, if their deed to Johnson be set aside as they prayed. Mrs. … Estop. 219 says: “A state is bound by her judicial pleadings and admissions, the same as private persons, and is entitled to no greater right or immunity as a litigant than they are.