UNITED BANK v. STONE GATE HOMEOWNERS ASS'N

No. 33216.

647 S.E.2d 811 (2007)

UNITED BANK, INC.; James Paul Estes; Joseph D. Stever; Bonnie M. Stever; Gary Lowther; Toni J. Poster; Dallas M. McNab; Jay S. Stevens, III; and Vickie Lynn Martin Stevens, Plaintiffs Below, Appellants, v. STONE GATE HOMEOWNERS ASSOCIATION, INC., et al., Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided May 10, 2007.


Attorney(s) appearing for the Case

Mark A. Sadd, G. Nicholas Casey, Jr., Lewis Glasser Casey & Rollins, PLLC, Charleston, for the Appellants, Joseph D. Stever and Bonnie M. Stever.

Ancil G. Ramey, Scott E. Johnson, Steptoe & Johnson, PLLC, Charleston, for the Appellee, Stone Gate Homeowners Association, Inc.


DAVIS, Chief Justice:

The appellants herein and plaintiffs below, Joseph D. Stever and Bonnie M. Stever [hereinafter "Mr. and Mrs. Stever"],1 appeal from an order entered March 7, 2006, by the Circuit Court of Putnam County. By that order, the circuit court determined that, pursuant to W. Va.Code § 36B-3-116(f) (1986) (Repl. Vol. 2005), Mr. and Mrs. Stever were not entitled to recover their costs and attorney's fees from the appellee...

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