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TOLLIVER v. MAXEY

No. 32557.

624 S.E.2d 856 (2005)

218 W.Va. 419

Posey Dwight TOLLIVER and Beverly S. Tolliver, Plaintiffs Below, Appellants, v. Terry MAXEY and Carolyn Maxey, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided November 23, 2005.

Dissenting Opinion of Justice Starcher December 16, 2005.

Attorney(s) appearing for the Case

Sherri D. Goodman, Esq., Goodman Advocacy, Charleston, for the Appellants.

Brent K. Kesner, Esq., Daniel W. Greear, Esq., Ellen R. Archibald, Esq., Kesner, Kesner & Bramble, PLLC, Charleston, for the Appellees.

PER CURIAM:

In this appeal, appellants Posey Dwight Tolliver and Beverly S. Tolliver challenge the June 11, 2004, order of the Circuit Court of Raleigh County, West Virginia, denying their motion to reinstate their personal injury action filed in that Court against appellees Terry Maxey and Carolyn Maxey. The action was dismissed on December 30, 1999, for failure to prosecute. In denying the motion to reinstate, the Circuit Court held that the appellants neither established...

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