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WESTFIELD INS. CO. v. TRIPLE CROWN FLOORING

No. 29962.

567 S.E.2d 608 (2002)

211 W.Va. 598

WESTFIELD INSURANCE COMPANY and CULTON CONSTRUCTION, INC., Plaintiffs Below, Appellees, v. TRIPLE CROWN FLOORING, INC., Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided May 3, 2002.

Dissenting Opinion of Justice Starcher July 11, 2002.

Attorney(s) appearing for the Case

Mark R. Lane, Esq., Scott A. Matthews, Esq., Gorr, Moser, Dell & Loughney, LLC, Pittsburgh, PA, for Appellee Westfield Insurance Company.

William L. Frame, Esq., Kelly R. Reed, Esq., Wilson, Frame, Benninger & Metheney, Morgantown, for Appellee Culton Construction, Inc.

Vanessa L. Goddard, Esq., Beth A. Raffle, Esq., Steptoe & Johnson, PLLC, Morgantown, Ancil G. Ramey, Esq., Hanna B. Curry, Esq., Steptoe & Johnson, PLLC, Charleston, for Appellant.

PER CURIAM.

This is an appeal by Triple Crown Flooring, Inc., from an order of the Circuit Court of Monongalia County, which denied Triple Crown's motion to vacate a default judgment previously entered against it. On appeal, Triple Crown Flooring, Inc., takes the position that the circuit court abused its discretion in failing to set aside the default judgment.

I.

FACTS

On February 15, 1999, a fire destroyed a residence which Culton Construction...

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