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STATE EX REL. BESS v. BERGER

No. 25202.

510 S.E.2d 496 (1998)

203 W.Va. 662

STATE of West Virginia ex rel. Mary Elizabeth BESS, Petitioner, v. Honorable Irene C. BERGER, Judge of the Circuit Court of Kanawha County, and Gregory David Bess, Respondents.

Supreme Court of Appeals of West Virginia.

Decided December 8, 1998.

Attorney(s) appearing for the Case

Maureen Conley, Esq., Legal Aid Society of Charleston, Charleston, West Virginia, Attorney for Petitioner.

F. Alfred Sines, Jr., Esq., Victoria L. Casey, Esq., Charleston, West Virginia, Attorneys for Gregory David Bess.

PER CURIAM:1

Petitioner Mary Elizabeth Bess seeks a writ of mandamus2 directing the Honorable Irene Berger to hear and consider her exceptions to Family Law Master Page Hamrick's recommended order. Since Petitioner had failed to file her exceptions to the recommended order within the ten-day period provided by West Virginia Code § 48A-4-17(a) (1998), the circuit court took the position that it was without...

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