Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
9 West Virginia opinions name it 2 courts 2011–2026 6 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 |
|---|---|---|
Paugh v. Lingergreen2 sentences2022Va. 535 , 474 S.E.2d 465 (1996), is “specifically limit[ed]” to divorce actions, we have also “recognized that the Banker factors ‘are equally relevant and applicable to proceedings stemming from, although following, the actual divorce.’” Paugh v. Linger, 228 W. 2022Va. 535 , 474 S.E.2d 465 (1996), is “specifically limit[ed]” to divorce actions, we have also “recognized that the Banker factors ‘are equally relevant and applicable to proceedings stemming from, although following, the actual divorce.’” Paugh v. Linger, 228 W. | 2 | 2 |
Tudor's Biscuit World of America v. Critchleygreen1 sentence2025See generally Tudor’s Biscuit World of Am. v. Critchley, 229 W. | 1 | 1 |
Quicken Loans, Inc. v. Lourie Brown and Monique Browngreen2 sentences2016We direct the family court to reevaluate whether respondent is entitled to be awarded her attorney’s fees both in that court and in the circuit court.12 See Quicken Loans, Inc. v. Brown, 236 W.Va. 12, 26-27 , 777 S.E.2d 581, 595-96 (2014) (stating that lower court has authority to award attorney’s fees for appellate proceeding if directed to do so). 2016We direct the family court to reevaluate whether respondent is entitled to be awarded her attorney’s fees both in that court and in the circuit court.12 See Quicken Loans, Inc. v. Brown, 236 W.Va. 12, 26-27 , 777 S.E.2d 581, 595-96 (2014) (stating that lower court has authority to award attorney’s fees for appellate proceeding if directed to do so). | 1 | 1 |
Grose v. Grosegreen2 sentences2011This Court, however, has previously recognized that the Banker factors “are equally relevant and applicable to proceedings stemming from, although following, the actual divorce.” Grose v. Grose, 222 W.Va. 722, 729 , 671 S.E.2d 727, 734 (2008). 2011This Court, however, has previously recognized that the Banker factors “are equally relevant and applicable to proceedings stemming from, although following, the actual divorce.” Grose v. Grose, 222 W.Va. 722, 729 , 671 S.E.2d 727, 734 (2008). | 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 |
|---|---|---|
Banker v. Banker
green
2 sentences2026Va. 535 , 474 S.E.2d 465 (1996). 3 Although the family court’s application of West Virginia Code § 48-5-504(c) was unnecessary since the Banker factors are controlling in this instance, we find its application of the statute to be harmless error. 8 Here, the family court’s order explained that an award of attorney fees was appropriate because Father earned approximately $9,000.00 per month more than Mother, Mother’s attorney’s fees were reasonable, the final hearing was held on two separate days and lasted more than seven hours, the discovery process was utilized, Father did not prevail, and t 2026Va. 535 , 474 S.E.2d 465 (1996). 3 Although the family court’s application of West Virginia Code § 48-5-504(c) was unnecessary since the Banker factors are controlling in this instance, we find its application of the statute to be harmless error. 8 Here, the family court’s order explained that an award of attorney fees was appropriate because Father earned approximately $9,000.00 per month more than Mother, Mother’s attorney’s fees were reasonable, the final hearing was held on two separate days and lasted more than seven hours, the discovery process was utilized, Father did not prevail, and t | 3 | 2022–2026 |
State v. Guthrie
green
2 sentences2025The SCAWV has consistently held that “[a]n appellate court may not decide the credibility of witnesses or weigh evidence as that is the exclusive function and task of the trier of fact.” State v. Guthrie, 194 W. 2025The SCAWV has consistently held that “[a]n appellate court may not decide the credibility of witnesses or weigh evidence as that is the exclusive function and task of the trier of fact.” State v. Guthrie, 194 W. | 1 | 2025–2025 |
Aetna Casualty & Surety Co. v. Pitrolo
green
2 sentences2013The family court reviewed Mrs. Teed’s award in light of West Virginia Code § 48-1-305, the Banker factors, and the twelve-factor test in Syllabus Point 4 of Aetna Casualty & Surety Co. v. Pitrolo, 176 W.Va. 190 , 342 S.E.2d 156 (1986). 2013The family court reviewed Mrs. Teed’s award in light of West Virginia Code § 48-1-305, the Banker factors, and the twelve-factor test in Syllabus Point 4 of Aetna Casualty & Surety Co. v. Pitrolo, 176 W.Va. 190 , 342 S.E.2d 156 (1986). | 1 | 2013–2013 |
Dale Patrick D. v. Victoria Diane D.
neutral
2 sentences2011Thus, the dispute stems from the divorce proceeding and the family court’s reliance on Banker was proper. 6 See Wachter v. Wachter, 216 W.Va. 489 , 607 S.E.2d 818 (2004) (utilizing Banker factors in awarding attorney’s fees to a wife after a husband sought a reduction of alimony payments ten years after the divorce); Dale Patrick D. v. Victoria Diane D., 203 W.Va. 438 , 508 S.E.2d 375 (1998) (citing to Banker in reversing attorney’s fees in a ease regarding child visitation following a divorce). 2011Thus, the dispute stems from the divorce proceeding and the family court’s reliance on Banker was proper. 6 See Wachter v. Wachter, 216 W.Va. 489 , 607 S.E.2d 818 (2004) (utilizing Banker factors in awarding attorney’s fees to a wife after a husband sought a reduction of alimony payments ten years after the divorce); Dale Patrick D. v. Victoria Diane D., 203 W.Va. 438 , 508 S.E.2d 375 (1998) (citing to Banker in reversing attorney’s fees in a ease regarding child visitation following a divorce). | 1 | 2011–2011 |
Wachter v. Wachter
green
2 sentences2011Thus, the dispute stems from the divorce proceeding and the family court’s reliance on Banker was proper. 6 See Wachter v. Wachter, 216 W.Va. 489 , 607 S.E.2d 818 (2004) (utilizing Banker factors in awarding attorney’s fees to a wife after a husband sought a reduction of alimony payments ten years after the divorce); Dale Patrick D. v. Victoria Diane D., 203 W.Va. 438 , 508 S.E.2d 375 (1998) (citing to Banker in reversing attorney’s fees in a ease regarding child visitation following a divorce). 2011Thus, the dispute stems from the divorce proceeding and the family court’s reliance on Banker was proper. 6 See Wachter v. Wachter, 216 W.Va. 489 , 607 S.E.2d 818 (2004) (utilizing Banker factors in awarding attorney’s fees to a wife after a husband sought a reduction of alimony payments ten years after the divorce); Dale Patrick D. v. Victoria Diane D., 203 W.Va. 438 , 508 S.E.2d 375 (1998) (citing to Banker in reversing attorney’s fees in a ease regarding child visitation following a divorce). | 1 | 2011–2011 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.