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ELLIS v. SWISHER EX REL. SWISHER

No. 12-0090.

741 S.E.2d 871 (2013)

Connie ELLIS, Intervenor Below, Petitioner v. Linda SWISHER, as Administratix of the Estate of Thomas R. SWISHER, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided April 12, 2013.

Attorney(s) appearing for the Case

Frank P. Bush, Jr., Esq. , Elkins, WV, for Petitioner.

David H. Wilmoth, Esq. , Elkins, WV, for Respondent.

PER CURIAM:

Petitioner Connie Ellis appeals from the October 27, 2011, decision of the Circuit Court of Randolph County in which the circuit court denied her claim for a share in the settlement proceeds from a wrongful death action.1 The petitioner, the former spouse of the decedent Thomas R. Swisher,2 sought a share of the settlement yield based on her monthly receipt of payments from the decedent for a child...

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