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STATE EX REL. DEPT. OF HEALTH AND HUMAN RESOURCES v. RUCKMAN

No. 33912.

674 S.E.2d 229 (2009)

STATE of West Virginia ex rel. West Virginia Department of Health and Human Resources, Petitioner Below, Appellant v. THE HONORABLE TIMOTHY RUCKMAN, Family Court Judge of Clay County, West Virginia, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided February 6, 2009.

Attorney(s) appearing for the Case

Angela Alexander Ash, Attorney General's Office, Princeton, Counsel for the Appellant.

James Wilson Douglas, Sutton, Counsel for the Appellee.

McHUGH, Senior Status Justice.1

This is an appeal by the West Virginia Department of Health and Human Resources (hereinafter "DHHR") of the October 25, 2007, order of the Circuit Court of Clay County in which DHHR was granted a portion of the relief it sought in prohibition. In its petition to the circuit court for issuance of a writ of prohibition, DHHR maintained that a family court judge exceeded his authority by ordering DHHR to perform...

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