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DAVIS EX REL. DAVIS v. WALLACE

No. 29966.

565 S.E.2d 386 (2002)

211 W.Va. 264

Marybeth DAVIS, an incarcerated person by her next friend and her power of attorney, Gary DAVIS, Plaintiff Below, Appellant, Paul S. Detch, Attorney, Appellant, v. Gregory WALLACE; Irvin Sopher; Elizabeth Scharman; Anne Hooper; Basil Zitelli; and Dorothy Becker, Defendants Below, Appellees, State of West Virginia, Intervenor Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided April 26, 2002.

Dissenting Opinion by Chief Justice Davis May 8, 2002.

Concurring Opinion of Justice Starcher July 3, 2002.

Attorney(s) appearing for the Case

Paul S. Detch, Esq., Lewisburg, for Appellants.

Eric A. Collins, Esq., Pullin, Knopf, Fowler & Flanagan, Beckley, for Irwin Sopher and Anne Hooper.

Stephen M. Houghton, Esq., Dickie, McCamey & Chilcote, Wheeling, for Basi Zitelli and Dorothy Becker.

Charles R. Bailey, Esq., John T. Molleur, Esq., Bailey & Wyant, Charleston, for Gregory Wallace.

George A. Daugherty, Esq., Elkview, for Elizabeth Scharman.

Robert Kevin Hanson, Prosecuting Attorney, Greenbrier County, Lewisburg, for Appellee State of West Virginia.

PER CURIAM.

The appellant, Marybeth Davis, who is currently incarcerated, appeals from an order of the Circuit Court of Greenbrier County awarding sanctions in the amount of $8,500.00 against the appellant Marybeth Davis, her next friend Gary Davis, and their attorney, Paul S. Detch.

I.

On September 15, 1999, the appellant by her next friend, Gary Davis, sued the appellees, Drs. Gregory Wallace, Irvin Sopher, Elizabeth Scharman, Anne Hooper, Basi...

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