There is a newer version of the West Virginia Code
2010 West Virginia Code
CHAPTER 51. COURTS AND THEIR OFFICERS
ARTICLE 2A. FAMILY COURTS.
§51-2A-13. Motion to dismiss appeal.
§51-2A-13. Motion to dismiss appeal.At any time following the filing of a petition for appeal of a final order of a family court, either party may move the circuit court to dismiss the appeal on any of the following grounds: (1) A joint agreement of the parties to the dismissal; (2) failure to properly perfect the appeal; (3) failure to obey an order of the family court or circuit court; (4) lack of an appealable order; or (5) lack of jurisdiction. Such motion shall be filed with the clerk of the circuit court and served on the respondent in accordance with rule 5 of the rules of civil procedure. No oral argument shall be held on such motion unless requested by the court.
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