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STATE EX REL. DALE v. STUCKY

No. 13-0438.

752 S.E.2d 330 (2013)

STATE of West Virginia ex rel. Steven O. DALE, Acting Commissioner, West Virginia Division of Motor Vehicles, Petitioner v. The Honorable James C. STUCKY, In His Official Capacity as Judge of The Thirteenth Judicial Circuit, and Michael Doonan, Respondents

Supreme Court of Appeals of West Virginia.

Decided November 7, 2013.

Attorney(s) appearing for the Case

Patrick Morrisey, Esq. , Attorney General, Janet E. James, Esq. , Senior Assistant Attorney General, Charleston, WV, for Petitioner.

George J. Cosenza, Esq. Parkersburg, WV, for Respondent, Michael Doonan.

PER CURIAM:

This original proceeding is before the Court upon the petition of Steven O. Dale, Acting Commissioner of the West Virginia Division of Motor Vehicles ("the Commissioner"), which seeks to prohibit the Circuit Court of Kanawha County from accepting jurisdiction of Respondent Michael Doonan's administrative appeal of the Commissioner's order revoking his driver's license. The Commissioner argues that Mr. Doonan improperly filed his petition for review of...

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