ESTATE OF GOMEZ v. SMITH

No. 18-0426.

845 S.E.2d 266 (2020)

The ESTATE OF A. Rafael GOMEZ, BY AND THROUGH the Executor of His Last Will and Testament, Mark GOMEZ, Plaintiff below, Petitioner v. Andrea G. SMITH and Western Surety Company, Defendants Below, Respondents. and Mark Gomez, Executor of the Estate of Aurelio Rafael Gomez, M.D., David Brent Gomez, and Robert Brian Gomez, Defendants, Third Party Plaintiffs, & Counter Claimants Below, Petitioners v. Andrea Gomez Smith and Matthew Eric Gomez, D.O., Plaintiffs & Counter Defendants Below and Kayla Addison, Empower Retirement, and Western Surety Co., Third Party Defendants Below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: May 26, 2020.


Attorney(s) appearing for the Case

Mark Gomez, Pro Se, Charleston, West Virginia, Executor for the Estate of A. Rafael Gomez.

Gary E. Pullin, Esq. , Christopher C. Ross, Esq. , Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Charleston, West Virginia, Counsel for Respondent/Third-Party Defendant Western Surety Company.

Ancil G. Ramey, Esq. , Steptoe & Johnson, PLLC, Huntington, West Virginia, Peter J. Raupp, Esq. , Katherine M. Mullins, Esq. , Steptoe & Johnson, PLLC, Charleston, West Virginia, Counsel for Respondent/Third-Party Defendant Kayla Addison.

Richard F. Neely, Esq. , Charles W. Neely, Esq. , Neely & Callaghan, Charleston, West Virginia, Counsel for Respondents Andrea Gomez Smith and Matthew Eric Gomez, D.O.

James C. Stebbins, Esq. , Lewis Glasser PLLC, Charleston, West Virginia, Counsel for Respondent/Third-Party Defendant Empower Retirement.


Petitioner, Estate of A. Rafael Gomez, by its executor, Mark Gomez, seeks reversal of an order entered by the Circuit Court of Kanawha County, West Virginia, dismissing the estate's lawsuit on the ground that Mark Gomez, as a non-attorney executor, is not authorized to file pleadings...

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