ELLIOTT v. SCHOOLCRAFT

No. 30431.

576 S.E.2d 796 (2002)

213 W.Va. 69

Aaron ELLIOTT, Plaintiff Below, Appellant, v. Chris SCHOOLCRAFT; James Roger House, II, also known as J.R. House; Nancy House; James Roger House; Joshua Haynes; Glenn Haynes; Patricia Haynes; and the Board of Education of the County of Kanawha, a West Virginia corporation, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 18, 2002.

Concurring and Dissenting Opinion of Chief Justice Davis December 6, 2002.

Concurring Opinion of Justice Starcher December 10, 2002.


Attorney(s) appearing for the Case

C. Michael Bee, Esq., Sandra Brenneman Harrah, Esq., Hill, Peterson, Carper, Bee & Dietzler, P.L.L.C., Charleston, West Virginia, Attorneys for the Appellant.

Mark A. Atkinson, Esq., John J. Polak, Esq., Timbera C. Wilcox, Esq., Rose & Atkinson, Charleston, West Virginia, Attorneys for Appellees James Roger House, II, Nancy House, and James Roger House.

Wendy E. Greve, Esq., Pullin, Knopf, Fowler & Flanagan, P.L.L.C., Charleston, West Virginia, Attorneys for Appellees Joshua Haynes, Glen Haynes, and Patricia Haynes.

Ancil G. Ramey, Esq., Jan L. Fox, Esq., Michelle E. Piziak, Esq., Steptoe & Johnson, P.L.L.C., Charleston, West Virginia, Attorneys for Appellee Board of Education of the County of Kanawha.


PER CURIAM:

In this appeal from the Circuit Court of Kanawha County, we are asked to review four orders granting summary judgment to several appellees. In each order, the appellant contends that the circuit court abused its discretion by granting summary judgment before the appellant was allowed to conduct discovery of facts necessary to oppose the appellees' motions for summary judgment.

As set forth below, we agree and reverse the circuit court's orders...

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