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REBUILD AMERICA, INC. v. DAVIS

No. 14-0432.

773 S.E.2d 11 (2015)

REBUILD AMERICA, INC. and REO America, Inc., Defendants Below, Petitioners v. Mark E. DAVIS and Tammy L. Davis, Plaintiffs Below; Mike Rutherford, Sheriff of Kanawha County and Vera McCormick, Clerk of the County Commission of Kanawha County, Defendants Below; and Huntington National Bank, N.A., Intervenor Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided April 9, 2015.

Attorney(s) appearing for the Case

James W. Lane, Jr., Esq. , William J. Hanna, Esq. , Flaherty Sensabaugh Bonasso, PLLC, Charleston, WV, for Rebuild America, Inc. and REO America, Inc.

Philip B. Hereford, Esq. , Hereford & Riccardi, PLLC, and Christopher S. Smith, Esq. , Hoyer, Hoyer & Smith, PLLC, Charleston, WV, for Huntington National Bank.

This is an appeal from the circuit court's order granting summary judgment in favor of respondent/intervenor below, Huntington National Bank (hereinafter "Huntington"), declaring a tax deed issued to petitioner/defendant below, Rebuild America, Inc. (hereinafter "Rebuild") to be void. The circuit court found that the issuance...

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