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· 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 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.