MAGNET BANK, F.S.B. v. BARNETTE

No. 20406.

419 S.E.2d 696 (1992)

187 W.Va. 696

MAGNET BANK, F.S.B., Plaintiff Below, Appellee, v. William A. BARNETTE, Frank M. Morrison, and Mountain Top Athletic Club, Inc., A Corporation, Defendants and Third-Party Plaintiffs Below, Appellants, v. Robert P. MARTIN, Third-Party Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided May 29, 1992.


Attorney(s) appearing for the Case

Michael C. Allen and Christopher P. Bastien, Charleston, for appellee Robert P. Martin.

David A. Sims and Michele W. Good, Wallace, Ross & Harris, Elkins, for appellants.


PER CURIAM.

In this appeal, the defendants and thirdparty plaintiffs assert that the trial court erred in dismissing their complaint. The basis for the trial court's dismissal was that the third-party complaint was unrelated to the matters arising out of the original complaint. The court concluded that the third-party complaint did not meet the criteria of Rule 14 of the West Virginia Rules of Civil Procedure, which governs third-party actions. We disagree.

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