McDaniel v. Kleiss

DAVIS, Chief Justice:

The plaintiff in this case, Jeffrey McDaniel, appeals two separate orders entered by the Circuit Court of Berkeley County on March 25, 1997, in a personal injury action. The first order denied McDaniel’s motion to alter or amend a prior order of the court that had distributed, to McDaniel’s underinsured motorist insurance carrier, funds that the defendant had deposited with the circuit court pursuant to W.Va.R.Civ.P. Rule 67. The second order found that the judgment against the defendant had been satisfied and released by the aforementioned deposit. We conclude that the…