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BURKES v. FAS-CHEK FOOD MART INC

No. 31777.

617 S.E.2d 838 (2005)

217 W.Va. 291

Marion C. BURKES, Plaintiff Below, Appellant, v. FAS-CHEK FOOD MART INCORPORATED, Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Filed: June 24, 2005.

Attorney(s) appearing for the Case

C. Patrick Jacobs, Esq., Bickley & Jacobs, Charleston, for Appellant.

Anita R. Casey, Esq., Donna S. Quesenberry, Esq., MacCorkle, Lavender, Casey & Sweeney, Charleston, for Appellee.

Justice STARCHER delivered the Opinion of the Court.

STARCHER, J.

The appellant appeals from an order by the Circuit Court of Kanawha County dismissing the appellant's civil complaint because the appellant failed to effect proper service upon the appellee within the 120-day time period provided for in Rule 4(k) of the West Virginia Rules of Civil Procedure [1998].

We find that the circuit court erred in finding that good cause did not exist...

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