· 4/9/1974
Toler v. Shelton
Citations
- 204 S.E.2d 85
- 157 W. Va. 778
- 1974 W. Va. LEXIS 218
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “[a]n order denying a motion under Rule 60(b), W.Va. R.C.P., is final and appealable.”
- “A court, in the exercise of discretion given it by the remedial provisions of Rule 60(b
- “Inasmuch as courts favor the adjudication of cases on their merits, Rule 60(b) of the West Virginia Rules of Civil Procedure should be given a liberal construction.”
- “An appeal of the denial of a Rule 60(b) motion brings to consideration for review only the order of denial itself and not the substance supporting the underlying judgment nor the final judgment order.”
- “A motion to vacate a judgment made pursuant to Rule 60(b), W.Va.R.C.P., is addressed to the sound discretion of the court and the court’s ruling on such motion will not be disturbed on appeal unless there is a showing of an abuse of such discretion.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Haden
Read full opinion on CourtListenerSourced 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.