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TUDOR'S BISCUIT WORLD v. CRITCHLEY

No. 11-0543.

729 S.E.2d 231 (2012)

TUDOR'S BISCUIT WORLD OF AMERICA, Defendant Below, Petitioner v. Della M. CRITCHLEY, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided June 13, 2012.

Attorney(s) appearing for the Case

J. Nicholas Barth, Esq. , J. David Cecil, Esq. , Barth & Thompson, Charleston, WV, for Petitioner.

Ralph C. Young, Esq. , Hamilton, Burgess, Young & Pollard, PLLC, Fayetteville, WV, for Respondent.

PER CURIAM:

The petitioner herein and defendant below, Tudor's Biscuit World of America [hereinafter "Tudor's"], appeals the circuit court's March 1, 2011, order denying its motion pursuant to West Virginia Rule of Civil Procedure 59(e). In its W.V.R.C.P. 59(e) motion, Tudor's moved the circuit court to alter or amend its December 4, 2009, order denying its motion pursuant to West Virginia Rule of Civil Procedure 60(b)(4) to set aside the default judgment rendered...

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