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FUCILLO v. KERNER EX REL. J.B.

No. 11-1783.

744 S.E.2d 305 (2013)

Rocco S. FUCILLO, Secretary, West Virginia Department of Health and Human Resources; West Virginia Department of Health and Human Resources; West Virginia Support Enforcement Commission; Garrett M. Jacobs, Commissioner, West Virginia Bureau for Child Support Enforcement; West Virginia Bureau for Child Support Enforcement; and Policy Studies, Inc., a Colorado Corporation, authorized to do business in West Virginia, Defendants Below, Petitioners v. Cynthia KERNER, guardian, on behalf of J.B. and R.B.; Lori C., guardian, on behalf of B.C.; Robin Danberry, guardian, on behalf of B.B.; Kathy Cooper, guardian, on behalf of L.D. and C.D.; Cecilia Nash, guardian, on behalf of C.C. and J.C.; Lisa Roth, guardian, on behalf of A.C. and A.C.; and on behalf of all other children similarly situated, Plaintiffs Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided June 5, 2013.

Attorney(s) appearing for the Case

Edgar Allen Poe, Jr., Esq. , Pullin, Fowler, Flanagan, Brown & Poe PLLC, Charleston, West Virginia, for DHHR Petitioners.

Charles E. Webb, Esq. , The Webb Law Firm, PLLC, Lonnie C. Simmons, Esq. , Katherine R. Snow, Esq. , DiTrapano, Barrett & DiPiero, PLLC, Charleston, West Virginia, for Respondents.

Ancil G. Ramey, Esq. , Hannah C. Ramey, Esq. , Steptoe & Johnson PLLC, Huntington, West Virginia, for Petitioner PSI.

WORKMAN, J.:

This is an appeal from an order entered on November 28, 2011, by the Circuit Court of Kanawha County, denying the petitioners' Rule 12(b)(6) motions to dismiss. The underlying suit was brought by the respondents, plaintiffs below, six child support obligees1 suing on behalf of their respective children,2 who allege that the petitioners failed to reduce their respective support arrearages to judgment...

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