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WORLEY v. BECKLEY MECHANICAL, INC.

No. 33190.

648 S.E.2d 620 (2007)

Michael WORLEY and Cynthia Worley, His Wife, Plaintiffs Below, Appellants v. BECKLEY MECHANICAL, INC., et al., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided: May 17, 2007.

Concurring Opinion of Justice Davis June 22, 2007.

Concurring Opinion of Justice Starcher June 12, 2007.

Dissenting Opinion of Justice Benjamin July 27, 2007.

Attorney(s) appearing for the Case

Guy R. Bucci, Esq., Bucci Bailey & Javins, LC, Charleston, Pamela A. Lambert, Esq., Pamela A. Lambert & Associates, Gilbert, for Michael and Cynthia Worley.

Kermit J. Moore, Esq., Brewster, Morhous, Cameron, Mullins, Caruth, Moore, Kersey & Stafford, PLLC, Bluefield, for Beckley Mechanical, Inc.

Christopher A. Brumley, Esq., Nathaniel K. Tawney, Esq., Shannon N. Akers, Esq., Flaherty Sensabaugh & Bonasso, PLLC, Charleston, for West Virginia Sprinkler, Inc.

Justin C. Taylor, Esq., Bailey & Wyant, PLLC, Charleston, for Riddleberger Brothers, Inc.

Scott L. Summers, Esq., Robert H. Akers, Esq., Offut, Fisher & Nord, Charleston, for Nielsen Builders, Inc. and Klockner Pentaplast of America, Inc.

MAYNARD, Justice.

The Appellants, Michael and Cynthia Worley, appeal the December 13, 2005, order of the Circuit Court of Raleigh County that dismissed with prejudice their complaint based on the court's finding that the complaint was not filed within the applicable statute of limitations. For the reasons set forth below, we reverse the circuit court's order and remand for further proceedings consistent with this opinion.

I.

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