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REALCO LTD. LIAB. v. APEX RESTAURANTS

No. 32564.

624 S.E.2d 594 (2005)

218 W.Va. 247

REALCO LIMITED LIABILITY CO., a successor and interest to Realmark Development, Inc., a West Virginia Corporation, Plaintiff Below, Appellee, v. APEX RESTAURANTS, INC., Defendant Below, Appellant. and Realco Limited Liability Co., a successor and interest to Realmark Development, Inc., a West Virginia Corporation, Plaintiff Below, Appellee v. George Steven Shawkey, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided December 2, 2005.

Dissenting Opinion of Chief Justice Albright December 7, 2005.

Attorney(s) appearing for the Case

Timothy J. LaFon, Esq., Ciccarello, Del Giudice & LaFon, Charleston, for Appellee.

Harry G. Shaffer, III, Esq., H. Jerome Sparks, Esq., Shaffer & Shaffer, Madison, for Appellant.

PER CURIAM:

Appellant appeals from the trial court's order denying relief from a default judgment rendered against the appellant for delinquent payments under a lease agreement. For the reasons stated herein we affirm the rulings of the trial court.

I.

On April 22, 1996, George Steven Shawkey ("Shawkey") incorporated Apex Restaurants Corporation ("Apex-California") under the laws of the State of California. Shawkey was the president and owner of...

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