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STATE EX REL. DEPT. OF HEALTH v. PANCAKE

No. 34602.

680 S.E.2d 54 (2009)

STATE of West Virginia, ex rel. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES, and Anita D. Evans, Social Services Worker, Petitioners, v. Honorable David M. PANCAKE, Judge of the Circuit Court of Cabell County, Respondent.

Supreme Court of Appeals of West Virginia.

Decided May 4, 2009.

Concurring Opinion of Chief Justice Benjamin July 27, 2009.

Attorney(s) appearing for the Case

Darrell V. McGraw, Attorney General, Michael L. Jackson, Assistant Attorney General, Charleston, Margaret Phipps Brown, Assistant Prosecuting Attorney, Huntington, for the Petitioner.

Krista Karickhoff Conway, Esq., Conway Law Office, Huntington, for Respondent Angela H.

PER CURIAM:

In this case, the West Virginia Department of Health and Human Resources ("the DHHR") seeks a writ of prohibition to halt the enforcement of a circuit court order dismissing an abuse and neglect petition. The circuit court dismissed the petition as a sanction against the DHHR for failing to timely file an expert's report with the circuit court.

As set forth below, we grant the requested writ.

I.

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