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COUNTY COM'N OF WOOD COUNTY v. HANSON

No. 20268.

415 S.E.2d 607 (1992)

The COUNTY COMMISSION OF WOOD COUNTY, A Public Corporation, and Wood County Parks and Recreation Commission, A Public Corporation, Plaintiffs Below, Appellees, v. Stephen F. HANSON, d/b/a Hanson Excavating; Hanson Excavating, Inc., A Purported Corporation, Defendants Below, and Ohio Casualty Insurance Company, A Corporation, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided February 11, 1992.

Attorney(s) appearing for the Case

Richard Hayhurst, Patricia A. Morrison, Lawrence M. Ronning, Ronning & Brown, Parkersburg, for appellees, The County Com'n of Wood County and Wood County Parks and Recreation Com'n.

William L. Mundy, Jeffrey S. Burgess, Mundy & Adkins, Huntington, for defendant below, Stephen F. Hanson, d/b/a Hanson Excavating.

M. Blane Michael, Keith A. George, Jackson & Kelly, Charleston, and James S. Huggins, Theisen, Brock, Frye, Erb & Leeper, Marietta, Ohio, for appellant Ohio Cas. Ins. Co.

PER CURIAM:

This is an appeal by Ohio Casualty and Insurance Company (hereinafter referred to as "Ohio Casualty" or "the appellant") from a final order of the Circuit Court of Wood County dated December 21, 1990, which denied Ohio Casualty's motion for relief from a default judgment. The appellant contends that it is entitled to relief from the default judgment under Rule 60(b) of the West Virginia Rules of Civil Procedure. We agree with the contentions of the appellant...

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