Holley v. Feagley (Signed Opinion)Annotate this Case
The Supreme Court vacated the order of the circuit court granting Plaintiff's writ of prohibition to stay further hearing on the revocation of his driver's license, holding that the circuit court lacked subject matter jurisdiction and should have dismissed the petition for writ of prohibition.
In response to Plaintiff's petition filed in the Circuit Court of Monongalia County, the West Virginia Division of Motor Vehicles (DMV) asserted that the circuit court lacked subject matter jurisdiction because jurisdiction for extraordinary writs related to records maintained by the DMV is only proper in Kanawha County. The circuit court granted the writ of prohibition, concluding that the Legislature's recent amendment to W. Va. Code 14-2-2 made jurisdiction proper in Monongalia County. The Supreme Court held that the circuit court's order was void because section 14-2-2 is a venue statute and W. Va. Code 53-1-2 governs subject matter jurisdiction.