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WEST VIRGINIA CANINE COLLEGE v. REXROAD

No. 21970.

444 S.E.2d 566 (1994)

191 W.Va. 209

WEST VIRGINIA CANINE COLLEGE, INC., and Wayne Davis, Plaintiffs Below, Appellants, v. David R. REXROAD, Lynne W. Rexroad, Individually and as Attorneys and Partners in the Law Firm of Rexroad and Rexroad; Roy D. Law, as an Attorney; and Jolynne Corp., a West Virginia Corporation, and Paul McCormick, Defendants Below, Appellees, and David R. REXROAD, Third-Party Plaintiff Below, Appellee, v. Wayne DAVIS, Third-Party Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided May 20, 1994.

Attorney(s) appearing for the Case

R. Clarke VanDervort, Mark A. Toor, Robinson & McElwee, Charleston, for appellants.

Elisabeth Rose, Phillip C. Petty, Rose, Padden & Petty, L.C., Fairmont, for appellee Roy D. Law.

MILLER, Justice:

The appellants, West Virginia Canine College, Inc., and Wayne Davis, its president (hereinafter collectively called Canine College), appeal an order of the Circuit Court of Upshur County which dismissed under Rule 12(b)(6) of the West Virginia Rules of Civil Procedure their amended complaint against attorney Roy D. Law. The circuit court found that the amended complaint failed to state a cause of action.

The underlying civil action was filed...

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