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BASS v. ROSE

No. 31402.

609 S.E.2d 848 (2004)

216 W.Va. 587

Douglas BASS, Plaintiff Below, Appellee v. Laura Coltelli ROSE, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 12, 2004.

Dissenting Opinion of Justice Davis November 19, 2004.

Attorney(s) appearing for the Case

D. Michael Burke, Burke, Schultz, Harman & Jenkinson, Martinsburg, for the Appellee.

Richard L. Douglas, Suzanne Williams-McAuliffe, Martinsburg, for the Appellant.

PER CURIAM:

By way of this appeal, attorney Laura Coltelli Rose (hereinafter referred to as "Appellant") challenges the October 15, 2002, order of the Circuit Court of Berkeley County. This order relates the lower court's finding that a portion of the attorney's fee Appellant charged on a contingency fee basis for recovery of medical payment insurance benefits (hereinafter referred to as "med-pay" or "med-pay benefits") was excessive and unreasonable, and then directs...

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