fundamental principle in West Virginia

2026Va. 394, 402-03 , 758 S.E.2d 747, 755-56 (2014) (“The fundamental requirement of procedural due process in a civil proceeding is ‘the opportunity to be heard at a meaningful time and in a meaningful manner.’” (quoting Mathews v. Eldridge, 424 U.S. 319, 333 (1976))). 10 at the time of disposition, the State must “provide the parents with fundamentally fair procedures” before it “may sever completely and irrevocably the rights of parents in their natural child[.]” Santosky v. Kramer, 455 U.S. 745, 747-748 (1982).9 The West Virginia Rules of Procedure for Child Abuse and Neglect Proceedings requi

2020“The fundamental requirement of procedural due process in a civil proceeding is ‘the opportunity to be heard at a meaningful time and in a meaningful manner.’” Id. at 402 , 758 S.E.2d at 755 (quoting Mathews v. Eldridge, 424 U.S. 319 (1976)).

2021Va. 326, 338 , 472 S.E.2d 411, 423 (1996) (“It is a fundamental principle of statutory construction that the meaning of a word cannot be determined in isolation, but it must be drawn from the context in which it is.”); Syl. pt. 7, Miller v. Wood, 229 W.

2016As this Court recognized in West Virginia Health Care Cost Review Authority v. Boone Memorial Hosp., 196 W.Va. 326 , 472 S.E.2d 411 (1996), “[i]t is a fundamental principle of statutory constmction that the meaning of a word cannot be determined in isolation, but it must be drawn from the context in which it is used.” Id. at 338 , 472 S.E.2d at 423 .

2026Va. 394, 402-03 , 758 S.E.2d 747, 755-56 (2014) (“The fundamental requirement of procedural due process in a civil proceeding is ‘the opportunity to be heard at a meaningful time and in a meaningful manner.’” (quoting Mathews v. Eldridge, 424 U.S. 319, 333 (1976))). 10 at the time of disposition, the State must “provide the parents with fundamentally fair procedures” before it “may sever completely and irrevocably the rights of parents in their natural child[.]” Santosky v. Kramer, 455 U.S. 745, 747-748 (1982).9 The West Virginia Rules of Procedure for Child Abuse and Neglect Proceedings requi

2020“The fundamental requirement of procedural due process in a civil proceeding is ‘the opportunity to be heard at a meaningful time and in a meaningful manner.’” Id. at 402 , 758 S.E.2d at 755 (quoting Mathews v. Eldridge, 424 U.S. 319 (1976)).

2023Va. 791, 797 , 197 S.E.2d 322, 328 (1973), “[i]t has always been the policy of this Court to protect each litigant’s day in court.” It is equally true, of course, that “the fundamental requirement of due process is an opportunity to be heard upon such notice and proceedings as are adequate to safeguard the right for which the constitutional protection is 2 sheet reveals no notice of hearing setting the bench trial for June 9, 2022.

2020Va. 791, 797 , 197 S.E.2d 322, 328 (1973), “[i]t has always been the policy of this Court to protect each litigant’s day in court.” It is equally true, of course, that “the fundamental requirement of due process is an opportunity to be heard upon such notice and proceedings as are adequate to safeguard the right for which the constitutional protection is invoked.” Anderson Nat.

1993Brotherton v. Blankenship, 157 W.Va. 100, 108 , 207 S.E.2d 421, 427 (1973): The fundamental principle in constitutional construction is that effect must be given to the intent of the framers of such organic law and of the people who ratified and adopted it_ If the language of a constitutional provision is plain and unambiguous it is not subject to judicial interpretation, the intent of the framers and the people being readily ascertainable therefrom.

1993Brotherton v. Blankenship, 157 W.Va. 100, 108 , 207 S.E.2d 421, 427 (1973): The fundamental principle in constitutional construction is that effect must be given to the intent of the framers of such organic law and of the people who ratified and adopted it_ If the language of a constitutional provision is plain and unambiguous it is not subject to judicial interpretation, the intent of the framers and the people being readily ascertainable therefrom.

2025Va. 34 , 217 S.E.2d 899 (1975) (“It is a fundamental rule of construction that, in accordance with the maxim Noscitur a sociis, the meaning of a word or phrase may be ascertained by reference to the meaning of other words or phrases with which it is associated.”).

2023Va. 34 , 217 S.E.2d 899 (1975) (“It is a fundamental rule of construction that, in accordance with the maxim noscitur a sociis, the meaning of a word or phrase may be ascertained by reference to the meaning of other words or phrases with which it is associated.

2017The majority’s analysis conveniently avoided any discussion of how the summary judgment ruling necessarily ran afoul of procedural due process. ■ “The fundamental requirement of due process is the opportunity to be heard ‘at a meaningful time and in a meaningful manner.’” Mathews v. Eldridge, 424 U.S. 319, 333 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976) (quoting Armstrong v. Manzo, 380 U.S. 545, 552 , 85 S.Ct. 1187 , 14 L.Ed.2d 62 (1965)).

2017“The fundamental requirement of due process is the opportunity to be heard ‘at a meaningful time and in a meaningful manner.’” Mathews v. Eldridge, 424 U.S. 319, 333 (1976) (quoting Armstrong v. Manzo, 380 U.S. 545, 552 ,(1965)).

1999Anglo-American jurisprudence simply prohibits such conduct by an appellate court. [3] "The fundamental requirement of due process is an opportunity to be heard upon such notice and proceedings as are adequate to safeguard the right for which the constitutional protection is invoked." Anderson Nat'l Bank v. Luckett, 321 U.S. 233, 246 , 64 S.Ct. 599, 606 , 88 L.Ed. 692, 705 (1944). [4] Article III, Section 10, of the West Virginia Constitution guarantees that "[n]o person shall be deprived of life, liberty, or property, without due process of law, and the judgment of his peers." This same guaran

1999Anglo-American jurisprudence simply prohibits such conduct by an appellate court. [3] "The fundamental requirement of due process is an opportunity to be heard upon such notice and proceedings as are adequate to safeguard the right for which the constitutional protection is invoked." Anderson Nat'l Bank v. Luckett, 321 U.S. 233, 246 , 64 S.Ct. 599, 606 , 88 L.Ed. 692, 705 (1944). [4] Article III, Section 10, of the West Virginia Constitution guarantees that "[n]o person shall be deprived of life, liberty, or property, without due process of law, and the judgment of his peers." This same guaran

2024“It is a fundamental principle of law that a court must possess . . . subject matter jurisdiction in order to exercise authority in a case.” Burnett v. Burnett, 208 W.

2023“It is a fundamental principle of law that a court must possess both in personam jurisdiction and subject matter jurisdiction in order to exercise authority in a case.” Burnett v. Burnett, 208 W.

1997See West Virginia Health Care Cost Review Authority v. Boone Memorial Hosp., 196 W.Va. 326, 338 , 472 S.E.2d 411, 423 (1996) (“It is a fundamental principle of statutory construction that the meaning of a word cannot be determined in isolation, but it must be drawn from the context in which it is used.”) (citations omitted); Smith v. United States, 508 U.S. 223, 229 , 113 S.Ct. 2050, 2054 , 124 L.Ed.2d 138, 149 (1993) (“The meaning of a word that appears ambiguous if viewed in isolation [will] become clear when the word is analyzed in light of the term that surrounds it.”); United States Nat’l

1997See West Virginia Health Care Cost Review Authority v. Boone Memorial Hosp., 196 W.Va. 326, 338 , 472 S.E.2d 411, 423 (1996) (“It is a fundamental principle of statutory construction that the meaning of a word cannot be determined in isolation, but it must be drawn from the context in which it is used.”) (citations omitted); Smith v. United States, 508 U.S. 223, 229 , 113 S.Ct. 2050, 2054 , 124 L.Ed.2d 138, 149 (1993) (“The meaning of a word that appears ambiguous if viewed in isolation [will] become clear when the word is analyzed in light of the term that surrounds it.”); United States Nat’l

2009United Mine Workers of America, Local Union 1938 v. Waters, 200 W.Va. 289, 297 , 489 S.E.2d 266, 274 (1997) ( "[T]he petitioners were denied their fundamental constitutional rights by the issuance of an ex parte preliminary injunction against them without notice or an opportunity to be heard.”); Eastern Associated Coal Corp. v. John Doe, 159 W.Va. 200 , 207 n. 2, 220 S.E.2d 672 , 678 n. 2 (1975) ("Failure to give notice and opportunity to defend may deprive court of jurisdiction.”); Hutchison v. City of Huntington, 198 W.Va. 139, 154 , 479 S.E.2d 649, 664 (1996) (citation and quotations omitte

2009United Mine Workers of America, Local Union 1938 v. Waters, 200 W.Va. 289, 297 , 489 S.E.2d 266, 274 (1997) ( "[T]he petitioners were denied their fundamental constitutional rights by the issuance of an ex parte preliminary injunction against them without notice or an opportunity to be heard.”); Eastern Associated Coal Corp. v. John Doe, 159 W.Va. 200 , 207 n. 2, 220 S.E.2d 672 , 678 n. 2 (1975) ("Failure to give notice and opportunity to defend may deprive court of jurisdiction.”); Hutchison v. City of Huntington, 198 W.Va. 139, 154 , 479 S.E.2d 649, 664 (1996) (citation and quotations omitte

2019Va. 299 , 26 S.E. 370 (1896) (“It is a fundamental rule in the administration of justice that a person cannot be a judge in a cause wherein he is interested, whether he be a party to the suit or not.”).

2019Va. 299 , 26 S.E. 370 (1896) (“It is a fundamental rule in the administration of justice that a person cannot be a judge in a cause wherein he is interested, whether he be a party to the suit or not.”).

2017Akinsade, 686 F.3d at 256 (internal quotations and citations omitted).

2017Akinsade, 686 F.3d at 256 (internal quotations and citations omitted).

2016As the United States Supreme Court observed in Powell v. McCormack, 395 U.S. 486, 548 , 89 S.Ct. 1944, 1977 , 23 L.Ed.2d 491, 531 (1969): “A fundamental principle of our representative democracy is, in Hamilton’s words, ‘that the people should choose whom they please to govern them.’ 2 Elliot’s Debates, 257....” Billings, 194 W.Va. at 305 , 460 S.E.2d at 440 .

2016As the United States Supreme Court observed in Powell v. McCormack, 395 U.S. 486, 548 , 89 S.Ct. 1944, 1977 , 23 L.Ed.2d 491, 531 (1969): “A fundamental principle of our representative democracy is, in Hamilton’s words, ‘that the people should choose whom they please to govern them.’ 2 Elliot’s Debates, 257....” Billings, 194 W.Va. at 305 , 460 S.E.2d at 440 .

2017Co., 148 W.Va. at 160 , 133 S.E.2d at 771 (“On a motion for summary judgment all papers of record and all matters submitted by both parties should be considered by the court.”). 32 Blackrock also argues, “[I]t is a fundamental requirement of due process to be given ‘the opportunity to be heard “at a meaningful time and in a meaningful manner.”‘”59 Blackrock contends the circuit court violated these fundamental rules, because it shifted the briefing deadlines and ruled without the benefit of briefing and evidence by Blackrock.

2017Co., 148 W.Va. at 160 , 133 S.E.2d at 771 (“On a motion for summary judgment all papers of record and all matters submitted by both parties should be considered by the court.”). 32 Blackrock also argues, “[I]t is a fundamental requirement of due process to be given ‘the opportunity to be heard “at a meaningful time and in a meaningful manner.”‘”59 Blackrock contends the circuit court violated these fundamental rules, because it shifted the briefing deadlines and ruled without the benefit of briefing and evidence by Blackrock.

2020See, e.g., Perry v. Thomas, 482 U.S. 483 , 492 n.9 (1987) (“[S]tate law, whether of legislative or judicial origin, is applicable if that law arose to govern issues concerning the validity, revocability, and enforceability of contracts generally.”); Chesapeake Appalachia, L.L.C. v. Hickman, 236 W.

2020Pt. 8, Chesapeake Appalachia, L.L.C. v. Hickman, 236 W.

1992Furthermore, “[i]t is a fundamental rule of constitutional adjudication that constitutional questions are avoided unless absolutely necessary.” Harshbarger v. Gainer, 184 W.Va. 656, 660 , 403 S.E.2d 399, 403 (1991).

1992Furthermore, “[i]t is a fundamental rule of constitutional adjudication that constitutional questions are avoided unless absolutely necessary.” Harshbarger v. Gainer, 184 W.Va. 656, 660 , 403 S.E.2d 399, 403 (1991).

2022Va. 112, 114 , 450 S.E.2d 809, 811 (1994) (“‘It is a fundamental rule of construction that, in accordance with the maxim noscitur a sociis, the meaning of a word or phrase may be ascertained by reference to the meaning of other words or phrases with which it is associated.

1998The fact that a “subsidy” is commonly considered a “grant” suggests to this Court that the circuit court was correct in ruling that the rent subsidies paid to Kings Daughters Housing, Inc., were “grants.” In examining W.Va.Code § 11-15-9, the Court notes that the Legislature grouped “grants” with “gifts” and “charitable contributions.” In Syllabus Point 1 of Darlington v. Mangum, 192 W.Va. 112 , 450 S.E.2d 809 (1994), the Court stated: “ ‘It is a fundamental rule of construction that, in accordance with the maxim nosci-tur a sociis, the meaning of a word or phrase may be ascertained by referen

2018City of Charleston v. Coghill , 156 W.Va. 877 , 891, 207 S.E.2d 113 , 122 (1973) (Haden, J., dissenting).

2018City of Charleston v. Coghill , 156 W.Va. 877 , 891, 207 S.E.2d 113 , 122 (1973) (Haden, J., dissenting).

2017See also Stull v. Firemen’s Pension & Relief Fund of City of Charleston, 202 W.Va. 440, 447 , 504 S.E.2d 903, 910 (1998) (“[T]he opportunity to be heard at a meaningful time and in a meaningful manner is a fundamental requirement of due process.”); Marcus v. Holley, 217 W.Va. 508, 527 , 618 S.E.2d 517, 536 (2005) (“Procedural due process rights entitle an individual to representation by counsel, notice, an opportunity to be heard, and the right to present evidence.”). 33 Furthermore, Blackrock claims the record is incomplete and missing evidence crucial to its case.

2017See also Stull v. Firemen’s Pension & Relief Fund of City of Charleston, 202 W.Va. 440, 447 , 504 S.E.2d 903, 910 (1998) (“[T]he opportunity to be heard at a meaningful time and in a meaningful manner is a fundamental requirement of due process.”); Marcus v. Holley, 217 W.Va. 508, 527 , 618 S.E.2d 517, 536 (2005) (“Procedural due process rights entitle an individual to representation by counsel, notice, an opportunity to be heard, and the right to present evidence.”). 33 Furthermore, Blackrock claims the record is incomplete and missing evidence crucial to its case.

2016Syllabus point 2 of In re Lacey P., 189 W.Va. 580 , 433 S.E.2d 518 (1993), states in part: “It is within the court’s discretion to grant an improvement period within the applicable statutory requirements.” Those standards of review facilitate the fundamental principle expressed by this Court in syllabus point 3 of In re: Katie S., 198 W.Va. 79 , 479 S.E.2d 589 (1996), as follows: “Although parents have substantial rights that must be protected, the primary goal in cases involving abuse and neglect, as in all family law matters, must be the health and welfare of the children.” Accord syl. pt. 2

2016Syllabus point 2 of In re Lacey P., 189 W.Va. 580 , 433 S.E.2d 518 (1993), states in part: “It is within the court’s discretion to grant an improvement period within the applicable statutory requirements.” Those standards of review facilitate the fundamental principle expressed by this Court in syllabus point 3 of In re: Katie S., 198 W.Va. 79 , 479 S.E.2d 589 (1996), as follows: “Although parents have substantial rights that must be protected, the primary goal in cases involving abuse and neglect, as in all family law matters, must be the health and welfare of the children.” Accord syl. pt. 2