CABLE v. HATFIELD

No. 24479.

505 S.E.2d 701 (1998)

202 W.Va. 638

Albert CABLE; Brenda Cable; David Cable; Roger Cable; Linda Cable, Singly, and as Legal Guardian and Next Friend of Brittany Cable, her infant child; Claude White; Chloe White; Brian Bullock; Angela Bullock; Patricia Bullock; Timothy Bullock; Mary Hall; Grady Hall; Joseph Hundley and Allene Hundley, Petitioners Below, Appellants, v. Tennis HATFIELD, Clerk of the Circuit Court of Mingo County, West Virginia, Respondent Below, Appellee, and Marrowbone Development Company, Intervenor Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided July 7, 1998.

Concurring and Dissenting Opinion of Justice Starcher July 16, 1998.


Attorney(s) appearing for the Case

Steven L. Miller, Patrick L. Cottrell, Cross Lanes, for Appellants.

Richard J. Bolen, Robert L. Massie, Huddleston, Bolen, Beatty, Porter & Copen, Huntington, Howard M. Persinger, Jr., Williamson, for Appellee Marrowbone Development Company.


DAVIS, Chief Justice:

Sixteen appellants appeal an order of the Circuit Court of Mingo County dismissing their petition for a writ of mandamus to require the circuit clerk to file a complaint submitted by mail. The clerk refused to file the complaint as the prospective plaintiffs had failed to tender a filing fee for each plaintiff, and because the complaint was not accompanied by a civil case information statement as required...

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