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STATE EX REL. EVANS v. FRYE

No. 26954.

534 S.E.2d 389 (2000)

207 W.Va. 524

STATE of West Virginia ex rel. Benny W. EVANS, Petitioner, v. Honorable Andrew N. FRYE, Jr., Judge of the Circuit Court of Mineral County, Virginia Evans, Wendell Evans and Floyd Myers, Respondents.

Supreme Court of Appeals of West Virginia.

Decided July 10, 2000.

Attorney(s) appearing for the Case

David Layva, Esq., Tammy Mitchell Bittorf, Esq., Layva, Bittorf & Santa Barbara, Martinsburg, West Virginia, Attorneys for Petitioner.

J. David Judy, III, Esq., Judy & Judy, Moorefield, West Virginia, Attorney for Respondent, Virginia Evans.

Patrick A. Nichols, Esq., Parsons, West Virginia, Attorney for Respondent, Wendell Evans.

William R. Kuykendall, Esq., Keyser, West Virginia, Attorney for Respondent, Floyd Myers.

MAYNARD, Chief Justice:

This case is before this Court upon a petition for a writ of prohibition filed by the petitioner, Benny W. Evans, against the respondents, the Honorable Andrew N. Frye, Jr., Judge of the Circuit Court of Mineral County, Virginia Evans, Wendell Evans, and Floyd Myers. The petitioner seeks to prohibit the sale of real and personal property as ordered by the respondent judge in a divorce proceeding between the parents of the petitioner pending...

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