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J.D. HINKLE & SONS, INC. v. HATLEY

No. 19779.

404 S.E.2d 418 (1991)

J.D. HINKLE & SONS, INC., Plaintiff Below, v. Evelyn G. HATLEY, Individually, and Evelyn G. Hatley, d/b/a Three Lane Auto Repair, Defendant Below.

Supreme Court of Appeals of West Virginia.

Decided April 17, 1991.

Attorney(s) appearing for the Case

Roy D. Law, Buckhannon, for plaintiff.

Daniel J. Post, Buckhannon, for defendant.

PER CURIAM:

This certified question from the Circuit Court of Grant County asks whether the filing of a complaint constitutes an appearance under Rule 55(b)(2) of the West Virginia Rules of Civil Procedure, requiring the defendant to give the plaintiff written notice before obtaining a default judgment on the defendant's counterclaim. We find that the filing of a complaint is an "appearance" under Rule 55(b)(2).

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