28 West Virginia opinions name it 2 courts 1948–2026 3 in the last five years
The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Salem International University v. Taylor Batesgreen2 sentences2026Va. 229, 234 , 793 S.E.2d 879, 884 (2016) (refusing to consider respondents’ assertions that the agreement at issue was not valid where they failed to raise a cross- assignment of error raising that argument). 6 For its final assignment of error, NEXT argues that the court erred in concluding that the workers at Ms. Mullins’ home were subcontractors. 2026Va. 229, 234 , 793 S.E.2d 879, 884 (2016) (refusing to consider respondents’ assertions that the agreement at issue was not valid where they failed to raise a cross- assignment of error raising that argument). 6 For its final assignment of error, NEXT argues that the court erred in concluding that the workers at Ms. Mullins’ home were subcontractors. | 2 | 2 |
Bettinger v. Bettingergreen2 sentences2004"The purpose of requiring a specific cross-assignment of error is to alert the appellant to the issue to enable a response to be made in the appellant’s reply brief.” Bettinger v. Bettinger, 183 W.Va. 528, 533 , 396 S.E.2d 709, 714 (1990). 2004"The purpose of requiring a specific cross-assignment of error is to alert the appellant to the issue to enable a response to be made in the appellant’s reply brief.” Bettinger v. Bettinger, 183 W.Va. 528, 533 , 396 S.E.2d 709, 714 (1990). | 2 | 2 |
Cabot Oil & Gas Corp. v. Huffmangreen2 sentences2019Va. 109, 118 , 705 S.E.2d 806, 815 (2010). 2019The prior judgment order put in place the method for calculating royalty, when coal was not mined, for the length of the lease, which is why that method was used for 28 years by Respondents. 28 The Respondents did not raise, as a cross-assignment of error, the dismissal of their claim against the Petitioners for alleged tortious interference with an asset agreement Respondents had with another company. 23 We have recognized that “the law that is in effect at the time a contract is executed is the law that thereafter applies to and governs the parties’ agreement.” Cabot Oil & Gas Corp. v. Huffm | 1 | 1 |
Caruso v. Pearcegreen2 sentences2017As to the Nitro defendants’ cross-assignment of error regarding failure to prosecute: “We review a circuit court’s order dismissing a case for inactivity pursuant to Rule 41(b) under an abuse of discretion standard.” Caruso v. Pearce, 223 W. 2017Va. 544, 547 , 678 S.E.2d 50, 53 (2009). | 1 | 1 |
In Re K.H.green2 sentences2016See In re K.H., 235 W.Va. 254 , 773 S.E.2d 20 (2015); In re Jeffrey R.L., 190 W.Va. 24 , 435 S.E.2d 162 (1993); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 On appeal, respondents Daniel Q. and Mildred Q. raise a cross-assignment of error and argue that the family court erred in improperly obtaining evidence, sua sponte, after the close of evidence without notice to the parties and without offering them an opportunity to present evidence in response. 2016See In re K.H., 235 W.Va. 254 , 773 S.E.2d 20 (2015); In re Jeffrey R.L., 190 W.Va. 24 , 435 S.E.2d 162 (1993); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 On appeal, respondents Daniel Q. and Mildred Q. raise a cross-assignment of error and argue that the family court erred in improperly obtaining evidence, sua sponte, after the close of evidence without notice to the parties and without offering them an opportunity to present evidence in response. | 1 | 1 |
Teri Sneberger v. Jerry Morrison, d/b/a Jerry Morrison Constructiongreen2 sentences2016See Sneberger v. Morrison, 235 W.Va. 654 , 670 n.11, 776 S.E.2d 156 , 172 n.11 (2015) (“To the extent that Mr. Morrison was attempting to assert a cross-assignment of error, he has failed to comply with Rule 10(f) of the Rules of Appellate Procedure. 2016See Sneberger v. Morrison, 235 W.Va. 654 , 670 n.11, 776 S.E.2d 156 , 172 n.11 (2015) (“To the extent that Mr. Morrison was attempting to assert a cross-assignment of error, he has failed to comply with Rule 10(f) of the Rules of Appellate Procedure. | 1 | 1 |
Johnson v. Nedeffgreen2 sentences2009We have held that a clerical error is "`a mistake in copying or writing; a mistake which naturally excludes any idea that its insertion was made in the exercise of any judgment or discretion, or in pursuance of any determination; an error made by a clerk in transcribing, or otherwise, which must be apparent on the face of the record, and capable of being corrected by reference to the record only.'" Johnson v. Nedeff, 192 W.Va. 260, 265 , 452 S.E.2d 63, 68 (1994) (quoting Stephenson v. Ashburn, 137 W.Va. 141, 146 , 70 S.E.2d 585, 588 (1952)). 2009We have held that a clerical error is "`a mistake in copying or writing; a mistake which naturally excludes any idea that its insertion was made in the exercise of any judgment or discretion, or in pursuance of any determination; an error made by a clerk in transcribing, or otherwise, which must be apparent on the face of the record, and capable of being corrected by reference to the record only.'" Johnson v. Nedeff, 192 W.Va. 260, 265 , 452 S.E.2d 63, 68 (1994) (quoting Stephenson v. Ashburn, 137 W.Va. 141, 146 , 70 S.E.2d 585, 588 (1952)). | 1 | 1 |
Stephenson v. Ashburngreen2 sentences2009We have held that a clerical error is "`a mistake in copying or writing; a mistake which naturally excludes any idea that its insertion was made in the exercise of any judgment or discretion, or in pursuance of any determination; an error made by a clerk in transcribing, or otherwise, which must be apparent on the face of the record, and capable of being corrected by reference to the record only.'" Johnson v. Nedeff, 192 W.Va. 260, 265 , 452 S.E.2d 63, 68 (1994) (quoting Stephenson v. Ashburn, 137 W.Va. 141, 146 , 70 S.E.2d 585, 588 (1952)). 2009We have held that a clerical error is "`a mistake in copying or writing; a mistake which naturally excludes any idea that its insertion was made in the exercise of any judgment or discretion, or in pursuance of any determination; an error made by a clerk in transcribing, or otherwise, which must be apparent on the face of the record, and capable of being corrected by reference to the record only.'" Johnson v. Nedeff, 192 W.Va. 260, 265 , 452 S.E.2d 63, 68 (1994) (quoting Stephenson v. Ashburn, 137 W.Va. 141, 146 , 70 S.E.2d 585, 588 (1952)). | 1 | 1 |
Mowery v. Hittgreen2 sentences1994See syl. pt. 1, Shackleford v. Catlett, 161 W.Va. 568 , 244 S.E.2d 327 (1978) ("`In the exercise of its appellate jurisdiction, this Court will not decide nonjurisdictional questions which were not considered and decided by the court from which the appeal has been taken.' Syllabus Point 1, Mowery v. Hitt, 155 W.Va. 103 [, 181 S.E.2d 334 ] (1971)"). 1994See syl. pt. 1, Shackleford v. Catlett, 161 W.Va. 568 , 244 S.E.2d 327 (1978) ("`In the exercise of its appellate jurisdiction, this Court will not decide nonjurisdictional questions which were not considered and decided by the court from which the appeal has been taken.' Syllabus Point 1, Mowery v. Hitt, 155 W.Va. 103 [, 181 S.E.2d 334 ] (1971)"). | 1 | 1 |
Shackleford v. Catlettgreen2 sentences1994See syl. pt. 1, Shackleford v. Catlett, 161 W.Va. 568 , 244 S.E.2d 327 (1978) ("`In the exercise of its appellate jurisdiction, this Court will not decide nonjurisdictional questions which were not considered and decided by the court from which the appeal has been taken.' Syllabus Point 1, Mowery v. Hitt, 155 W.Va. 103 [, 181 S.E.2d 334 ] (1971)"). 1994See syl. pt. 1, Shackleford v. Catlett, 161 W.Va. 568 , 244 S.E.2d 327 (1978) ("`In the exercise of its appellate jurisdiction, this Court will not decide nonjurisdictional questions which were not considered and decided by the court from which the appeal has been taken.' Syllabus Point 1, Mowery v. Hitt, 155 W.Va. 103 [, 181 S.E.2d 334 ] (1971)"). | 1 | 1 |
| Addair v. Bryantgreen | 1 | 1 |
| State v. Flintgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Edward Charles L.
green
2 sentences2017II, 230 W.Va. 731 , 742 S.E.2d 419 (2013); State v. Brandon B., 218 W.Va. 324 , 624 S.E.2d 761 (2005); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 A cross assignment of error by Respondent Father J.A. was withdrawn on May 18, 2017. 1 driver’s license and may have been “under the influence of some type of substance.” She refused testing at the hospital for controlled substances or alcohol. 2017II, 230 W.Va. 731 , 742 S.E.2d 419 (2013); State v. Brandon B., 218 W.Va. 324 , 624 S.E.2d 761 (2005); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 A cross assignment of error by Respondent Father J.A. was withdrawn on May 18, 2017. 1 driver’s license and may have been “under the influence of some type of substance.” She refused testing at the hospital for controlled substances or alcohol. | 2 | 2016–2017 |
Muscatell v. Cline
green
2 sentences2010This Court reviews the cross-assignment of error under the same standard applied to the rest of this appeal; the Court reviews questions of law de novo, while findings of fact by the administrative body “are accorded deference unless the reviewing court believes the findings to be clearly wrong.” Muscatell, 196 W.Va. 588 , 474 S.E.2d 518 , Syl. 2010This Court reviews the cross-assignment of error under the same standard applied to the rest of this appeal; the Court reviews questions of law de novo, while findings of fact by the administrative body “are accorded deference unless the reviewing court believes the findings to be clearly wrong.” Muscatell, 196 W.Va. 588 , 474 S.E.2d 518 , Syl. | 2 | 2010–2010 |
Andrick v. Town of Buckhannon
green
1 sentence2021Va. 706 , 421 S.E.2d 247 (1992). 7 AMBIT has not asserted a cross-assignment of error regarding this ruling. 8 We note that Horizon was originally represented by Gregory H. | 1 | 2021–2021 |
Tolley v. Carboline Co.
green
1 sentence2019The court declined to disturb its previous ruling that Ms. Thompson was not entitled to either statutory or 5 The court found that “[b]ecause the factual record in [the] case has expanded significantly since the Court considered and decided Defendants’ initial motion, and because Defendants have set forth new issues upon which they argue they are entitled to summary judgment, the Court concludes that under Tolley [Tolley v. Carboline Co., 217 W. | 1 | 2019–2019 |
State v. BRANDON B.
green
2 sentences2017II, 230 W.Va. 731 , 742 S.E.2d 419 (2013); State v. Brandon B., 218 W.Va. 324 , 624 S.E.2d 761 (2005); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 A cross assignment of error by Respondent Father J.A. was withdrawn on May 18, 2017. 1 driver’s license and may have been “under the influence of some type of substance.” She refused testing at the hospital for controlled substances or alcohol. 2017II, 230 W.Va. 731 , 742 S.E.2d 419 (2013); State v. Brandon B., 218 W.Va. 324 , 624 S.E.2d 761 (2005); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 A cross assignment of error by Respondent Father J.A. was withdrawn on May 18, 2017. 1 driver’s license and may have been “under the influence of some type of substance.” She refused testing at the hospital for controlled substances or alcohol. | 1 | 2017–2017 |
Melinda H. v. William R., II
green
2 sentences2017II, 230 W.Va. 731 , 742 S.E.2d 419 (2013); State v. Brandon B., 218 W.Va. 324 , 624 S.E.2d 761 (2005); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 A cross assignment of error by Respondent Father J.A. was withdrawn on May 18, 2017. 1 driver’s license and may have been “under the influence of some type of substance.” She refused testing at the hospital for controlled substances or alcohol. 2017II, 230 W.Va. 731 , 742 S.E.2d 419 (2013); State v. Brandon B., 218 W.Va. 324 , 624 S.E.2d 761 (2005); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 A cross assignment of error by Respondent Father J.A. was withdrawn on May 18, 2017. 1 driver’s license and may have been “under the influence of some type of substance.” She refused testing at the hospital for controlled substances or alcohol. | 1 | 2017–2017 |
In Re Jeffrey R.L.
green
2 sentences2016See In re K.H., 235 W.Va. 254 , 773 S.E.2d 20 (2015); In re Jeffrey R.L., 190 W.Va. 24 , 435 S.E.2d 162 (1993); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 On appeal, respondents Daniel Q. and Mildred Q. raise a cross-assignment of error and argue that the family court erred in improperly obtaining evidence, sua sponte, after the close of evidence without notice to the parties and without offering them an opportunity to present evidence in response. 2016See In re K.H., 235 W.Va. 254 , 773 S.E.2d 20 (2015); In re Jeffrey R.L., 190 W.Va. 24 , 435 S.E.2d 162 (1993); State v. Edward Charles L., 183 W.Va. 641 , 398 S.E.2d 123 (1990). 2 On appeal, respondents Daniel Q. and Mildred Q. raise a cross-assignment of error and argue that the family court erred in improperly obtaining evidence, sua sponte, after the close of evidence without notice to the parties and without offering them an opportunity to present evidence in response. | 1 | 2016–2016 |
Carr v. Hancock
green
2 sentences2015Our standard of review was set forth in the Syllabus of Carr v. Hancock, 216 W.Va. 474 , 607 S.E.2d 803 (2004). 2015Our standard of review was set forth in the Syllabus of Carr v. Hancock, 216 W.Va. 474 , 607 S.E.2d 803 (2004). | 1 | 2015–2015 |
Collins v. Elkay Mining Co.
green
1 sentence2013Petitioner replies that exhaustion is not a jurisdictional doctrine but a matter of comity at the discretion of the trial court, that this Court, in Collins v. Elkay Mining Co., 179 W. | 1 | 2013–2013 |
Painter v. Peavy
green
2 sentences2012“Summary judgment is appropriate where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party----” Syl. pt. 4, in part, Painter v. Peavy, 192 W.Va. 189 , 451 S.E.2d 755 (1994). 2012“Summary judgment is appropriate where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party----” Syl. pt. 4, in part, Painter v. Peavy, 192 W.Va. 189 , 451 S.E.2d 755 (1994). | 1 | 2012–2012 |
Frymier-Halloran v. Paige
green
2 sentences2009Va.Code § 11-3-25 only permits a circuit court to review a county commission's tax ruling based upon the record created at the county commission hearing); Frymier-Halloran v. Paige, 193 W.Va. 687 , 458 S.E.2d 780 (1995) (holding that circuit courts may not conduct de novo review of an appeal from a decision by the Tax Commissioner). [18] This issue was presented as a cross assignment of error by the Prosecutor. [19] We summarily find that the evidence was insufficient to establish that Bayer's tax reporting errors were clerical errors. 2009Va.Code § 11-3-25 only permits a circuit court to review a county commission's tax ruling based upon the record created at the county commission hearing); Frymier-Halloran v. Paige, 193 W.Va. 687 , 458 S.E.2d 780 (1995) (holding that circuit courts may not conduct de novo review of an appeal from a decision by the Tax Commissioner). [18] This issue was presented as a cross assignment of error by the Prosecutor. [19] We summarily find that the evidence was insufficient to establish that Bayer's tax reporting errors were clerical errors. | 1 | 2009–2009 |
Stafford v. Rocky Hollow Coal Co.
neutral
2 sentences2005Rule 10(f) “specifically allows an appellee to file a cross assignment, notwithstanding the fact that the appellee did not file a separate petition for appeal within the statutory period for taking an appeal.” Stafford v. Rocky Hollow Coal Co., 198 W.Va. 593 , 596 n. 4, 482 S.E.2d 210 , 213 n. 4 (1996) (per curiam). 2005Rule 10(f) “specifically allows an appellee to file a cross assignment, notwithstanding the fact that the appellee did not file a separate petition for appeal within the statutory period for taking an appeal.” Stafford v. Rocky Hollow Coal Co., 198 W.Va. 593 , 596 n. 4, 482 S.E.2d 210 , 213 n. 4 (1996) (per curiam). | 1 | 2005–2005 |
Laxton v. National Grange Mutual Insurance Co.
green
2 sentences2005Laxton, 150 W.Va. at 601 , 148 S.E.2d at 727 . 2005Laxton, 150 W.Va. at 601 , 148 S.E.2d at 727 . | 1 | 2005–2005 |
Horace Mann Insurance v. Leeber
green
2 sentences1997We note that notwithstanding USF & G's assertion that the holding in Hutzler should not be made retroactive, this Court in Leeber, 180 W.Va. at 378 , 376 S.E.2d at 584 , provided that "the duty of an insurer to defend an insured is generally broader than the obligation to provide coverage[.]" Thus, if USF & G's policy was in effect, then unless an exclusion is applicable or unless USF & G can show that the allegation of wrongful eviction in the Tymans' complaint is entirely foreign to the risk insured against, Leeber, 180 W.Va. at 378 , 376 S.E.2d at 584 , USF & G will have a duty to defend re 1997We note that notwithstanding USF & G's assertion that the holding in Hutzler should not be made retroactive, this Court in Leeber, 180 W.Va. at 378 , 376 S.E.2d at 584 , provided that "the duty of an insurer to defend an insured is generally broader than the obligation to provide coverage[.]" Thus, if USF & G's policy was in effect, then unless an exclusion is applicable or unless USF & G can show that the allegation of wrongful eviction in the Tymans' complaint is entirely foreign to the risk insured against, Leeber, 180 W.Va. at 378 , 376 S.E.2d at 584 , USF & G will have a duty to defend re | 1 | 1997–1997 |
Thornton v. CAMC, ETC.
green
2 sentences1994The appellee cites several cases including Thornton v. CAMC, 172 W.Va. 360 , 305 S.E.2d 316 (1983). 1994The appellee cites several cases including Thornton v. CAMC, 172 W.Va. 360 , 305 S.E.2d 316 (1983). | 1 | 1994–1994 |
O'Brien v. Snodgrass
green
2 sentences1994In syllabus point 4 of Harless v. First National Bank in Fairmont, 169 W.Va. 673 , 289 S.E.2d 692 (1982), we stated that: ‘Punitive or exemplary damages are such as, in a proper case, a jury may allow against the defendant by way of punishment for wilfulness, wantonness, malice, or other like aggravation of his wrong to the plaintiff, over and above full compensation for all injuries directly or indirectly resulting from such wrong.’ Syllabus Point 1, O’Brien v. Snodgrass, 123 W.Va. 483 , 16 S.E.2d 621 (1941). 1994In syllabus point 4 of Harless v. First National Bank in Fairmont, 169 W.Va. 673 , 289 S.E.2d 692 (1982), we stated that: ‘Punitive or exemplary damages are such as, in a proper case, a jury may allow against the defendant by way of punishment for wilfulness, wantonness, malice, or other like aggravation of his wrong to the plaintiff, over and above full compensation for all injuries directly or indirectly resulting from such wrong.’ Syllabus Point 1, O’Brien v. Snodgrass, 123 W.Va. 483 , 16 S.E.2d 621 (1941). | 1 | 1994–1994 |
Harless v. First National Bank in Fairmont
green
2 sentences1994In syllabus point 4 of Harless v. First National Bank in Fairmont, 169 W.Va. 673 , 289 S.E.2d 692 (1982), we stated that: ‘Punitive or exemplary damages are such as, in a proper case, a jury may allow against the defendant by way of punishment for wilfulness, wantonness, malice, or other like aggravation of his wrong to the plaintiff, over and above full compensation for all injuries directly or indirectly resulting from such wrong.’ Syllabus Point 1, O’Brien v. Snodgrass, 123 W.Va. 483 , 16 S.E.2d 621 (1941). 1994In syllabus point 4 of Harless v. First National Bank in Fairmont, 169 W.Va. 673 , 289 S.E.2d 692 (1982), we stated that: ‘Punitive or exemplary damages are such as, in a proper case, a jury may allow against the defendant by way of punishment for wilfulness, wantonness, malice, or other like aggravation of his wrong to the plaintiff, over and above full compensation for all injuries directly or indirectly resulting from such wrong.’ Syllabus Point 1, O’Brien v. Snodgrass, 123 W.Va. 483 , 16 S.E.2d 621 (1941). | 1 | 1994–1994 |
Weimer-Godwin v. BD. OF ED. OF UPSHUR CTY.
green
2 sentences1990We decline the teachers’ cross-assignment of error requesting prejudgment interest under the principles announced in Weimer-Godwin v. Board of Educ., 179 W.Va. 423 , 369 S.E.2d 726 (1988). 1990We decline the teachers’ cross-assignment of error requesting prejudgment interest under the principles announced in Weimer-Godwin v. Board of Educ., 179 W.Va. 423 , 369 S.E.2d 726 (1988). | 1 | 1990–1990 |
Muzelak v. King Chevrolet, Inc.
green
2 sentences1989A. With respect to attorney’s fees and costs, we recently stated, in Muzelak v. King Chevrolet, Inc., 179 W.Va. at 346-347 , 368 S.E.2d at 716-17 , that the Magnuson-Moss Act, 15 U.S.C. § 2310 (d)(2), upon which the plaintiff relies, “allows costs and expenses, including attorneys’ fees on actual time expended when there is a breach of ... warranty under state law: “ ‘If a consumer finally prevails in any action brought under paragraph (1) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the aggre-. gate amount of cost and expenses (including 1989A. With respect to attorney’s fees and costs, we recently stated, in Muzelak v. King Chevrolet, Inc., 179 W.Va. at 346-347 , 368 S.E.2d at 716-17 , that the Magnuson-Moss Act, 15 U.S.C. § 2310 (d)(2), upon which the plaintiff relies, “allows costs and expenses, including attorneys’ fees on actual time expended when there is a breach of ... warranty under state law: “ ‘If a consumer finally prevails in any action brought under paragraph (1) of this subsection, he may be allowed by the court to recover as part of the judgment a sum equal to the aggre-. gate amount of cost and expenses (including | 1 | 1989–1989 |
Payne v. Kinder
green
2 sentences1989We spoke about this rule in a general way in Payne v. Kinder, 147 W.Va. 352 , 127 S.E.2d 726 (1962), but that case involved a civil appeal. 9 . 1989We spoke about this rule in a general way in Payne v. Kinder, 147 W.Va. 352 , 127 S.E.2d 726 (1962), but that case involved a civil appeal. 9 . | 1 | 1989–1989 |
| Ashland Oil, Inc. v. Donahue green | 1 | 1980–1980 |
| Koblegard Co. v. Maxwell green | 1 | 1948–1948 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.