Taylor v. Elkins Home Show

10 Citing cases

  1. Corotoman, Inc. v. Cent. W.Va. Reg'l Airport Auth.

    Civil Action 2:21-cv-00545 (S.D.W. Va. Jul. 27, 2023)

    Pt. 4, 7, Taylor v. Elkins Home Show, Inc., 558 S.E.2d 611, 613 (W.Va. 2001).

  2. Riffle v. C.J. Hughes Construction Company

    226 W. Va. 581 (W. Va. 2010)   Cited 16 times

    This Court has previously held that "a trial court has plenary power to reconsider, revise, alter, or amend an interlocutory order. . . ." Syl. Pt. 2, in part, Taylor v. Elkins Home Show, Inc., 210 W. Va. 612, 558 S.E.2d 611 (2001). Thus, when pertaining to interlocutory orders, motions to reconsider "`do not necessarily fall within any specific . . . Rule.

  3. Hubbard v. State Farm Indemnity Co.

    213 W. Va. 542 (W. Va. 2003)   Cited 38 times   1 Legal Analyses
    Holding that interlocutory orders should not be reviewed under Rule 60(b)

    . . . [A] trial court has plenary power to reconsider, revise, alter, or amend an interlocutory order. . . ." Syl. pt. 2, in part, Taylor v. Elkins Home Show, Inc., 210 W. Va. 612, 558 S.E.2d 611 (2001). Therefore, State Farm Mutual's and State Farm Indemnity's "motion[s] may best be `viewed as a routine request for reconsideration of an interlocutory . . . decision Such requests do not necessarily fall within any specific . . . Rule.

  4. Foster v. Sakhai

    210 W. Va. 716 (W. Va. 2001)   Cited 22 times
    Affirming admission of expert testimony by board certified neurosurgeon, although he had not operated on a patient for several years or performed the specific procedure at issue

    However, the question of whether an order granting a new trial was appealable was not before this Court. In the case of Taylor v. Elkins Home Show, Inc., 210 W. Va. 612, 558 S.E.2d 611 (No. 28891, Oct. 30, 2001), the plaintiff had won a jury verdict on August 18, 1999, and the defendant (Elkins Home Show, Inc.) filed a renewed motion for judgment as a matter of law. On October, 18, 1999, the circuit court denied that motion, but instead granted the defendant a new trial.

  5. BlackRock Capital Inv. Corp. v. Fish

    239 W. Va. 89 (W. Va. 2017)   Cited 9 times   1 Legal Analyses
    Recognizing "the presumptive validity of a choice of law provision"

    56 . Syllabus Point 2, in part, Taylor v. Elkins Home Show, Inc., 210 W.Va. 612 , 558 S.E.2d 611 (2001).

  6. Janura v. Janura

    No. 14-0911 (W. Va. May. 29, 2015)   Cited 3 times
    In Janura v. Janura, No. 14-0911, 2015 WL 3448181, at *3-4 (W.Va. May 29, 2015) (memorandum decision), we reviewed the circuit court's August 15, 2014, order under the collateral order doctrine and found that the circuit court properly denied petitioner's motion to compel arbitration.

    We note that the circuit court retains plenary power to reconsider, alter, or amend a non-final order, such as its August 26, 2013, order determining that the will's residuary clause does not create a trust. See Syl. Pt. 2, in part, Taylor v. Elkins Home Show, Inc., 210 W.Va. 612, 614, 558 S.E.2d 611, 613 (2001). Thus, we find that petitioner is free to continue to argue that her interpretation of the residuary clause should be accorded deference as long as that interpretation is neither inconsistent with the clause's language nor contrary to law.

  7. Dickens v. Sahley Realty Co.

    233 W. Va. 150 (W. Va. 2014)   Cited 2 times
    Involving claims for both negligence and breach of implied contract

    ’ Syllabus Point 4, in part, Sammons Bros. Const. Co. v. Elk Creek Coal Co., 135 W.Va. 656, 65 S.E.2d 94 (1951).” Taylor v. Elkins Home Show, Inc., 210 W.Va. 612, 619, 558 S.E.2d 611, 618 (2001). The petitioners' counsel made this same representation during the summary judgment hearing.

  8. K.W. v. C.W.

    No. 12-1197 (W. Va. Oct. 4, 2013)

    As to petitioner's argument that the family court had earlier determined in a June 9, 2009 order that he had only a moral obligation to assist in paying the funeral expenses, the Court notes that nothing in the 2009 order indicates that it was a final order and, therefore, the family court had plenary authority to reconsider its decision in the May 18, 2012 order. See Syl. Pt. 2, in part, Taylor v. Elkins Home Show, Inc., 210 W.Va. 612, 558 S.E.2d 611 (2001) ("[A] trial court has plenary power to reconsider, revise, alter, or amend an interlocutory order[.]"). After careful consideration, this Court concludes that petitioner's appeal is wholly without merit.

  9. Hill v. Stowers

    224 W. Va. 51 (W. Va. 2009)   Cited 25 times
    Holding that there are "procedures in place" that "constitute the mechanism by which the Legislature has sought" to enforce the public policy at issue, and that "criminal statutes" are relevant in determining that there are other mechanisms available

    Notwithstanding all the above, it is further noted that Mr. Hill's claims would also likely fail simply because of the extreme difficulty of proof, both as to whether election fraud activities changed the outcome of an election held ten years prior to such suit being filed and whether Mr. Hill sustained any damages as a result of Mr. Stowers's alleged vote-buying activities. "`The general rule with regard to proof of damages is that such proof cannot be sustained by mere speculation or conjecture.' Syllabus Point 1, Spencer v. Steinbrecher, 152 W. Va. 490, 164 S.E.2d 710 (1968)." Syllabus Point 6, Taylor v. Elkins Home Show, Inc., 210 W. Va. 612, 558 S.E.2d 611 (2001). In this case, Mr. Hill is claiming that he is entitled to the salary and benefits he would have received had he won the 1996 election for the Circuit Clerk of Lincoln County.

  10. Waddy v. Riggleman

    216 W. Va. 250 (W. Va. 2004)   Cited 28 times
    Holding that where the terms of a contract are clear and unambiguous, they must be applied

    We may reverse the denial of such a motion only if reasonable persons could not have reached the conclusion that the jury embraced."). Cf Taylor v. Elkins Home Show, Inc., 210 W. Va. 612, 616, 558 S.E.2d 611, 615 (2001) ("`We apply a de novo standard of review to the grant . . . of a . . . post-verdict motion for judgment as a matter of law. After considering the evidence in the light most favorable to the nonmovant party, we will sustain the granting or denial of a . . . post-verdict motion for judgment as a matter of law when only one reasonable conclusion as to the verdict can be reached.'") (quoting Gillingham v. Stephenson, 209 W. Va. 741, 745, 551 S.E.2d 663, 667 (2001)).