Taylor County Board of Education v. Cox

We accepted this appeal on the basis that there had been a final adjudication in the circuit court. The record discloses that there has been no final adjudication of the case but only an order holding that the appellant’s motion to dismiss for improper venue was denied. We have held in Pittsburgh Elevator Company v. The West Virginia Board of Regents, 172 W.Va. 743, 310 S.E.2d 675 (1983), that an order dismissing a case for lack of venue constitutes an appealable order. This was because the plaintiff’s case had been dismissed. Where, however, the case is not dismissed, we can see no…