FIRST AMERICAN TITLE INS. CO. v. FIRRIOLO

Nos. 34705, 34714.

695 S.E.2d 918 (2010)

FIRST AMERICAN TITLE INSURANCE COMPANY, Plaintiff Below, Appellee v. Thomas FIRRIOLO, Evan LeFever and Beth LeFever, and Anne P. Chiapella, Defendants Below Evan and Beth LeFever, Appellants and Thomas Firriolo, Plaintiff Below, Appellee v. Evan LeFever and Beth LeFever, Defendants Below, Appellants and Anne Chiapella and John Frye, Intervenors Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided June 18, 2010.


Attorney(s) appearing for the Case

William B. Carey, Esq., Berkeley Springs, WV, for Appellants Evan and Beth LeFever.

Braun A. Hamstead, Esq., Hamstead & Associates, Martinsburg, WV, for Appellees Anne Chiapella and John Frye.

Ryan J. King, Esq., Blumling & Gusky, Pittsburgh, PA, for Appellee First American Title Insurance Company.


PER CURIAM:

This is an appeal of two consolidated cases. In case number 34705, First American Title Insurance Company ("First American"), appellee, brought a declaratory judgment action in which it sought a declaration that a 14.33 acre tract of land owned by Anne Chiapella is not encumbered by an easement. By order dated April 30, 2008, the Circuit Court of Morgan County granted summary judgment on behalf of First American. The appellants, Evan and Beth LeFever,...

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