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STATE EX REL. SMITH v. MAYNARD

No. 22494.

454 S.E.2d 46 (1994)

193 W.Va. 1

STATE of West Virginia ex rel. Charles S. SMITH, Relator, v. Honorable Elliott E. MAYNARD, Special Judge of the Circuit Court of Kanawha County, and Cleve Benedict, Respondents.

Supreme Court of Appeals of West Virginia.

Decided November 18, 1994.

Attorney(s) appearing for the Case

Joseph R. Goodwin, Goodwin & Goodwin, Charleston, Rebecca A. Baitty, Lutz, Webb, Partridge, Bobo & Baitty, Sarasota, FL, for the relator.

Michael W. Carey, Phillip B. Scott, Pamela C. Deem, Carey, Hill & Scott, Charleston, for the respondent Cleve Benedict.

CLECKLEY, Justice:

In this original proceeding for a writ of prohibition, we are asked to determine whether the respondent judge, the Honorable Elliott E. Maynard, of the Circuit Court of Mingo County, erred in transferring a civil action by order dated June 23, 1994, from Mingo to Kanawha County. The relator, Charles S. Smith, argues that, if we find the civil action properly was transferred to Kanawha County, it was error to administratively assign the respondent...

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