STATE EX REL. TD AMERITRADE v. KAUFMAN

No. 35125.

692 S.E.2d 293 (2010)

STATE of West Virginia ex rel. TD AMERITRADE, INC., Petitioner, v. Honorable Tod J. KAUFMAN, Judge of the Circuit Court of Kanawha County, Respondent, and Bruce P. Conrad and Dan Salamie, Respondents.

Supreme Court of Appeals of West Virginia.

Decided March 5, 2010.


Attorney(s) appearing for the Case

Ramonda C. Lyons, Mychal S. Schulz, Dinsmore & Shohl, Charleston, WV, for the Petitioner, TD Ameritrade, Inc.

William V. DePaulo, Law Office of William V. DePaulo, Charleston, WV, for Respondent, Bruce Conrad.

Richard F. Neely, Neely & Callaghan, Charleston, WV, for Respondent, Dan Salamie.


McHUGH, Justice:

Petitioner TD Ameritrade, Inc. ("Ameritrade") seeks a writ of prohibition to prevent the Circuit Court of Kanawha County from enforcing a portion of its ruling of May 28, 2009, through which the trial court referred the subject dispute to arbitration and further ordered the arbitrator to adopt its findings of fact and conclusions of law. As support for its request for extraordinary relief, Ameritrade contends that the trial court exceeded its powers...

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