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FRAZIER v. GAITHER

No. 21-0726.

888 S.E.2d 920 (2023)

Everett FRAZIER, Commissioner, West Virginia Division of Motor Vehicles, Petitioner Below, Petitioner, v. David GAITHER, Jr., Respondent Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: June 14, 2023.

Attorney(s) appearing for the Case

Patrick Morrisey, Esq. , Attorney General, Elaine L. Skorich, Esq. , Assistant Attorney General, Charleston, West Virginia, Attorney for the Petitioner.

David Gaither, Jr., Falling Waters, West Virginia, No Appearance by the Respondent.

Petitioner Everett Frazier,1 Commissioner of the West Virginia Division of Motor Vehicles ("DMV"), appeals from an order entered August 12, 2021, by the Circuit Court of Kanawha County. The DMV complains that the circuit court erred by affirming an order entered by the Office of Administrative Hearings...

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