W. Va. Code § 51-2A-13

Current through 2024 First Special Session
Section 51-2A-13 - Motion to dismiss appeal

At any time following the filing of a petition for appeal of a final order of a family court, either party may move the circuit court to dismiss the appeal on any of the following grounds:

(1) A joint agreement of the parties to the dismissal;
(2) failure to properly perfect the appeal;
(3) failure to obey an order of the family court or circuit court;
(4) lack of an appealable order; or
(5) lack of jurisdiction. Such motion shall be filed with the clerk of the circuit court and served on the respondent in accordance with rule 5 of the rules of civil procedure. No oral argument shall be held on such motion unless requested by the court.

W. Va. Code § 51-2A-13