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· 11/15/1996

Dimon v. Mansy

Citations

  • 479 S.E.2d 339
  • 198 W. Va. 40
  • 1996 W. Va. LEXIS 191

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • cautioning that “court’s authority to issue dismissals as a sanction must be limited by the circumstances and necessity giving rise to its exercise”
  • believing that the time has arrived to disassociate the civil practice of West Virginia with the position taken in Link
  • finding that because of the harshness of the sanction, a dismissal with prejudice for failure to appear is only appropriate in flagrant situations
  • setting forth specific procedures for a circuit court to follow when dismissing a matter under Rule 41(b)
  • “we recognize that dismissal based on procedural grounds is a severe sanction which runs counter to the general objective of disposing cases on the merit.”
  • “we recognize that dismissal based on procedural grounds is a severe sanction which runs counter to the general objective of disposing cases on the merit.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Cleckley, Recht

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.