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ARNOLD v. PALMER

No. 34738.

686 S.E.2d 725 (2009)

Lois ARNOLD, Plaintiff Below, Appellee, v. David G. PALMER, Trustee; Christina J. Palmer, Trustee; Advantage Bank, an Ohio Corporation; and Jeffrey Scott Arnold, Executor of the Last Will and Testament of Jeffrey A. Arnold, Deceased, Defendants Below, Advantage Bank, Third-Party Plaintiff Below, Appellant, v. Jeffrey Scott Arnold, Individually; Samantha Nicole Foggin; Melissa Ann Dailey; and Kelli Beth Arnold; Beneficiaries of the Estate of Jeffrey A. Arnold, Deceased, Third-Party Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided October 29, 2009.

Attorney(s) appearing for the Case

William Crichton V, William Crichton VI, Crichton and Crichton, Parkersburg, WV, for the Appellant, Advantage Bank.

Robert L. Bays, Paul L. Hicks, Bowles Rice McDavid Graff & Love, Parkersburg, WV, for the Appellee, Jeffrey Scott Arnold, Executor of the Last Will and Testament of Jeffrey A. Arnold, Deceased.

Richard A. Hayhurst, Parkersburg, WV, for the Appellee, Lois Arnold.

David Allen Barnette, Charles D. Dunbar, Jackson Kelly PLLC, Charleston, WV, for Amici Curiae, West Virginia Bankers Association, Inc., and the West Virginia Association of Community Bankers, Inc.

DAVIS, Justice:

This is an appeal by the defendant/third-party plaintiff below and appellant herein, Advantage Bank (hereinafter referred to as "Advantage"), from an August 18, 2008, order of the Circuit Court of Wood County. By that order, the circuit court denied Advantage's trustee from foreclosing on the home of the plaintiff below and appellee herein, Lois Arnold, (hereinafter referred to as "Mrs. Arnold"), which order effectively prevented Advantage from enforcing...

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