STATE EX REL. SKYLINE CORP. v. SWEENEY

No. 13-0562.

754 S.E.2d 723 (2014)

STATE of West Virginia ex rel. SKYLINE CORPORATION and AAA Mobile Homes, Inc. of New Martinsville, Petitioners v. Honorable Timothy L. SWEENEY, Judge of the Circuit Court of Pleasants County; and Thomas R. Likens and Lori Likens, Respondents.

Supreme Court of Appeals of West Virginia.

Decided January 29, 2014.


Attorney(s) appearing for the Case

John R. Teare, Jr. , Spilman Thomas & Battle, PLLC, Charleston, WV, Attorney for the Petitioner Skyline Corporation.

Keith C. Gamble , Jonathan J. Jacks , Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Morgantown, WV, Attorneys for the Petitioner AAA Mobile Homes, Inc. of New Martinsville.

The Honorable Timothy L. Sweeney , Judge of the Circuit Court of, Pleasants County, Saint Marys, WV, for Respondent.

M. Paul Marteney , Saint Marys, WV, Attorney for the Respondents Thomas R. Likens and Lori Likens.


DAVIS, Chief Justice:

The petitioners herein, Skyline Corporation (hereinafter "Skyline") and AAA Mobile Homes, Inc. of New Martinsville (hereinafter "AAA Homes"),1 request this Court to issue a writ of prohibition to prevent the Circuit Court of Pleasants County from enforcing its April 25, 2013, order. By that order, the circuit court denied the petitioners' motion to dismiss the complaint...

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