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STATE EX REL. DENISE L.B. v. BURNSIDE

No. 29105.

547 S.E.2d 251 (2001)

209 W.Va. 313

STATE of West Virginia, ex rel. DENISE L.B., Petitioner, v. Honorable Robert A. BURNSIDE, Judge, of the Circuit Court of Raleigh County; H. Suzanne McGraw, Family Law Master for the 13th Family Court Circuit; Mark B., by and through Martha Jane B., as Conservator/Guardian and next friend of Mark B., a protected person; and Sherry Alison L., Respondents.

Supreme Court of Appeals of West Virginia.

Decided April 26, 2001.

Attorney(s) appearing for the Case

Norris Kantor, Esq., David B. Kelley, Esq., Katz, Kantor & Perkins, Bluefield, West Virginia, Attorneys for Petitioner.

Mark W. Kelley, Esq., Ray, Winton & Kelley, PLLC, Charleston, West Virginia, Attorney for Respondent Martha Jane B.

Tammy Mitchell Bittorf, Esq., Layva, Bittorf & Santa Barbara, PLLC, Martinsburg, West Virginia, Attorney for Respondent Sherry L.

Winifred L. Bucy, Beckley, West Virginia, Guardian ad litem.

PER CURIAM:

In the instant case we are asked to examine a February 2, 2001 order of the Circuit Court of Raleigh County. In that order, the circuit court allowed a third party to intervene in a divorce action, and then entered an ex parte temporary order giving custody of the parties' two children to the third party. The mother of the children has now petitioned this Court to halt the enforcement of the circuit court's order.

After carefully examining...

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