Justia Landlord - Tenant Opinion Summaries

Articles Posted in Supreme Court of Appeals of West Virginia
by
The Supreme Court denied a writ of prohibition requested by Petitioners seeking to have the circuit court dismiss Nadine Rice's tort action with prejudice under W. Va. R. Civ. P. 41(b), holding that Petitioners failed to show that the circuit court's order was whether clearly erroneous as a matter of law or a flagrant abuse of its discretion. Rice sued Petitioners alleging several claims arising from her alleged negligent ejection from her home. For various reasons, Rice's case did not progress. Petitioners later moved the circuit court to dismiss the case with prejudice. The circuit court denied the motion, concluding that good cause justified the delay and that the delay had not prejudiced Petitioners. Petitioners then sought an extraordinary writ to prevent the circuit court from acting beyond what they argued were the court's legitimate powers. The Supreme Court denied the writ, holding that Petitioner's did not show that this case was an extraordinary case requiring an extraordinary remedy. View "State ex rel. Johnson & Freedman, LLC v. Honorable Warren R. McGraw" on Justia Law

by
West Virginia’s consumer credit protection statute does not regulate the residential rental fees a landlord may charge a tenant pursuant to a lease for residential real property. The Attorney General filed a civil action against Defendant Landlord, one of the largest residential lessors in the state, alleging that Landlord’s residential leases included fees and charges that violated the West Virginia Consumer Credit and Protection Act (CCPA), W.Va. Code 46A-1-101 et seq. Landlord filed a motion to dismiss on the grounds that the CCPA does not apply to residential leases. The circuit court denied the motion. Thereafter, the circuit court certified to the Supreme Court the question of whether the CCPA applies to the relationship between a landlord and tenant under a residential lease. The Supreme Court answered the question in the negative. View "State ex rel. Morrisey v. Copper Beech Townhome Communities Twenty-Six, LLC" on Justia Law

by
Petitioners filed a petition in the magistrate court seeking to have Respondent evicted from one of their apartments. The magistrate court dismissed Petitioners’ claim as moot after a hearing. Respondent appealed. Thereafter, Respondent filed a complaint against Petitioners for, inter alia, unpaid wages and wrongful termination. The circuit court entered an order consolidating Respondent’s magistrate court appeal with his circuit court original complaint. Petitioners moved to dismiss three counts of the complaint on the grounds that the issues involved were litigated in the magistrate court proceeding. The circuit court denied the motion to dismiss. Petitioners then brought this writ of prohibition proceeding. The Supreme Court granted the writ as moulded, holding that the circuit court was prohibited from exercising original jurisdiction over the challenged counts in the complaint, as (1) W. Va. R. Civ. P. 42(a) allows consolidation of a magistrate court appeal with an action pending under the original jurisdiction of a circuit court; (2) Respondent’s claims for unpaid wages were not barred by res judicata and collateral estoppel, but those counts may go forward in circuit court as amendments to the magistrate court pleadings; and (3) Plaintiff’s wrongful discharge claim was a new cause of action not embraced by the magistrate cause of action for unpaid wages. View "State ex rel. Veard v. Hon. Lawrance S. Miller" on Justia Law