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HEARTWOOD FORESTLAND FUND IV, LP v. HOOSIER

No. 14-1110.

781 S.E.2d 391 (2015)

HEARTWOOD FORESTLAND FUND IV, LP, a North Carolina Limited Partnership, Plaintiff Below, Petitioner, v. Billy HOOSIER, Jr., Defendant Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 4, 2015.

November 4, 2015.

Attorney(s) appearing for the Case

Kenneth E. Webb, Jr., Esq. , James E. Scott, Esq. , Bowles Rice LLP, Charleston, WV, Counsel for the Petitioner.

Timothy P. Lupardus, Esq. , Lupardus Law Office, Pineville, WV, Counsel for the Respondent.

The petitioner, Heartwood Forestland Fund IV, LP ("Heartwood"), appeals from the September 29, 2014, order of the Circuit Court of Wyoming County pursuant to which the respondent, Billy Hoosier, Jr. ("Hoosier"), was granted judgment as a matter of law. The action concerns a modular home mistakenly placed by Hoosier on a parcel...

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