Topic: appellate review of a circuit court's order granting a moti… · Go Syfert
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Topic #298

20 canonical passages across 19 cases, quoted by 1,073 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from State Ex Rel. McGraw v. Scott Runyan Pontiac-Buick, Inc..

#Case FlagCanonical passage Citers
1 State Ex Rel. McGraw v. Scott Runyan Pontiac-Buick, Inc. Anchor
wva · 1995
green “appellate review of a circuit court's order granting a motion to dismiss a complaint is de novo.” 156
2 State v. General Daniel Morgan Post No. 548
wva · 1959
green “when a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.” 141
3 State v. Elder
wva · 1968
green “where the language of a statute is clear and without ambiguity the plain meaning is to be accepted without resorting to the rules of interpretation.” 135
4 Crockett v. Andrews
wva · 1970
green “where the language of a statute is free from ambiguity, its plain meaning is to be accepted and applied without resort to interpretation.” 117
5 Gallapoo v. Wal-Mart Stores, Inc.
wva · 1996
green “the appellate standard of review of questions of law answered and certified by a circuit court is de novo.” 106
6 Farley v. Buckalew
wva · 1992
green “a statute that is ambiguous must be construed before it can be applied.” 100
7 Newhart v. Pennybacker
wva · 1938
green “where a particular construction of a statute would result in an absurdity, some other reasonable construction, which will not produce such absurdity, will be made.” 37
8 Ohio County Commission v. Manchin
wva · 1983
green “judicial interpretation of a statute is warranted only if the statute is ambiguous and the initial step in such interpretative inquiry is to ascertain the legislative intent.” 33
9 Hereford v. Meek
wva · 1949
green “a statute is open to construction only where the language used requires interpretation because of ambiguity which renders it susceptible of two or more constructions or of such doubtful or obscure meaning that reasonable minds might be uncertain or disagree as to its meaning.” 33
10 State v. General Daniel Morgan Post No. 548
wva · 1959
green “generally the words of a statute are to be given their ordinary and familiar significance and meaning, and regard is to be had for their general and proper use.” 29
11 Consumer Advocate Division of the Public Service Commission ex rel. Residential and Small Commercial Customers of Hope Gas, Inc. v. Public Service Commission
wva · 1989
green “a statute, or an administrative rule, may not, under the guise of 'interpretation,' be modified, revised, amended or rewritten.” 27
12 State ex rel. Hardesty v. Aracoma—Chief Logan No. 4523
wva · 1963
green “it is always presumed that the legislature will not enact a meaningless or useless statute.” 25
13 State Ex Rel. Johnson v. Robinson
wva · 1979
green “it is a well known rule of statutory construction that the legislature is presumed to intend that every word used in a statute has a specific purpose and meaning.” 24
14 Appalachian Power Co. v. State Tax Department
wva · 1995
green “we look first to the statute's language. if the text, given its plain meaning, answers the interpretive question, the language must prevail and further inquiry is foreclosed.” 23
15 State Ex Rel. Frazier v. Meadows
wva · 1994
green “courts are not free to read into the language what is not there, but rather should apply the statute as written.” 21
16 Smith v. State Workmen's Compensation Commissioner
wva · 1975
green “in ascertaining legislative intent, effect must be given to each part of the statute and to the statute as a whole so as to accomplish the general purpose of the legislation.” 20
17 State Ex Rel. Cohen v. Manchin
wva · 1985
green “undefined words and terms used in a legislative enactment will be given their common, ordinary and accepted meaning.” 15
18 State v. Allen
wva · 2000
green “generally, 'shall' commands a mandatory connotation and denotes that the described behavior is directory, rather than discretionary.” 13
19 State Ex Rel. Arrow Concrete Co. v. Hill
wva · 1995
green “ordinarily the denial of a motion for failure to state a claim upon which relief can be granted made pursuant to west virginia rules of civil procedure 12(b)(6) is interlocutory and is, therefore, not immediately appealable.” 9
20 State v. Jarvis
wva · 1997
green “a statutory provision which is clear and unambiguous and plainly expresses the legislative intent will not be interpreted by the courts but will be given full force and effect.' syl. pt. 2, state v. epperly, 135 w.va. 877 , 65 s.e.2d 488 (1951).” 9

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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