BURGE v. FORTNEY

No. 32522.

624 S.E.2d 487 (2005)

218 W.Va. 140

Delmus BURGE, Plaintiff Below, Appellee, v. Kenneth FORTNEY and the Equitable Life Assurance Society, Defendants Below, Kenneth Fortney, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 17, 2005.

Concurring Opinion of Justice Starcher December 15, 2005.


Attorney(s) appearing for the Case

Kenneth Fortney, Shinnston, West Virginia, Pro Se.

Thomas K. Fast, Fast Law Office, Fayetteville, West Virginia, Attorney for the Appellee, Delmus Burge.


DAVIS, Justice:

The appellant herein and defendant below, Kenneth Fortney [hereinafter referred to as "Mr. Fortney"], appeals from an order entered September 8, 2003, by the Circuit Court of Marion County. By that order, the court determined that W. Va.Code § 38-8-1 (1999) (Supp.1999) did not prevent the appellee herein and plaintiff below, Delmus Burge [hereinafter referred to as "Mr. Burge"], from executing and suggesting upon Mr. Fortney's individual retirement...

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