State ex rel. Johnson & Freedman, LLC v. Honorable Warren R. McGraw (Signed Opinion)Annotate this Case
The Supreme Court denied a writ of prohibition requested by Petitioners seeking to have the circuit court dismiss Nadine Rice's tort action with prejudice under W. Va. R. Civ. P. 41(b), holding that Petitioners failed to show that the circuit court's order was whether clearly erroneous as a matter of law or a flagrant abuse of its discretion.
Rice sued Petitioners alleging several claims arising from her alleged negligent ejection from her home. For various reasons, Rice's case did not progress. Petitioners later moved the circuit court to dismiss the case with prejudice. The circuit court denied the motion, concluding that good cause justified the delay and that the delay had not prejudiced Petitioners. Petitioners then sought an extraordinary writ to prevent the circuit court from acting beyond what they argued were the court's legitimate powers. The Supreme Court denied the writ, holding that Petitioner's did not show that this case was an extraordinary case requiring an extraordinary remedy.