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SHAFFER v. STANLEY

No. 31118.

593 S.E.2d 629 (2003)

215 W.Va. 58

Nada D. (Stanley) SHAFFER, Plaintiff Below, Appellee, v. Wetzel Gary STANLEY, Defendant Below, Appellee, and State of West Virginia Department of Health and Human Resources, Bureau for Child Support Enforcement, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 26, 2003.

Dissenting Opinion of Justice Davis December 4, 2003.

Attorney(s) appearing for the Case

David L. Hill, Esq., Hamlin, West Virginia, Attorney for W.G. Stanley.

Kimberly D. Bentley, Esq., Assistant General Counsel, West Virginia Department of Health and Human Resources, Bureau for Child Support Enforcement, Charleston, West Virginia, Attorney for WV DHHR, BCSE.

Bruce G. Perrone, Esq., Legal Aid of West Virginia, Attorney for Amicus Curiae, Nada Stanley.

MAYNARD, Justice:

The appellant, the Bureau for Child Support Enforcement ("BCSE"), appeals the April 27, 2001, order of the Circuit Court of Lincoln County that holds the BCSE and Nada Stanley jointly and severally liable to pay to the appellee, Wetzel Garry Stanley, $19,837.96, which the court determined to be an overpayment of child support paid by Mr. Stanley.

I.

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