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STATE EX REL. JOHNSON v. REED

No. 33002.

633 S.E.2d 234 (2006)

STATE of West Virginia Ex Rel. Nicholas W. JOHNSON, Petitioner, v. The Honorable Jeffrey B. REED, Judge of the Circuit Court of Wood County, West Virginia; and Charles F. Erickson; and Lee A. Scott, Respondents.

Supreme Court of Appeals of West Virginia.

Decided: June 14, 2006.

Attorney(s) appearing for the Case

James M. Cagle, Esq., Charleston, for the Petitioner.

Robert L. Bays, Esq., Paul L. Hicks, Esq., Heather Harlan, Esq., Bowles, Rice, McDavid, Graff & Love, Parkersburg, for Respondents, Charles F. Erickson and Lee A. Scott.

PER CURIAM.

In this original proceeding, the petitioner, Nicholas W. Johnson, asks this Court to prohibit the enforcement of the December 13, 2005, order of the Circuit Court of Wood County, West Virginia, removing him as Executor of the Estate of Ethel M. Erickson, deceased, and as Trustee of the Ethel M. Erickson Grantor's Trust. The Circuit Court ruled that Johnson, an attorney, should be removed from those positions because of the pendency of a legal malpractice...

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