Legal Opinion · Concurring in part, dissenting in part

Dunn v. Rockwell

West Virginia Supreme Court

Decided November 24, 2009No. 34716Published

1Concurring in part, dissenting in part

DAVIS, J.,

concurring, in part, and dissenting, in part, joined by BENJAMIN, C.J.:

In this proceeding, the Court was called upon to decide whether the trial court correctly granted summary judgment in favor of two defendants: Carol K. Rockwell and the law firm of Martin & Seibert. The majority opinion affirmed summary judgment in favor of the law firm. I concur in that decision. However, the majority opinion reversed the summary judgment ruling in favor of Mrs. Rockwell. I dissent from that decision. Further, as set out below, I dissent from two procedural matters addressed in the majority…

2Cases cited17 opinions

  1. Cook v. Heck's Inc.West Virginia Supreme Court · 1986
  2. Garnes v. Fleming Landfill, Inc.West Virginia Supreme Court · 1991
  3. Gaither v. City Hospital, Inc.West Virginia Supreme Court · 1997
  4. Kessel v. LeavittWest Virginia Supreme Court · 1998
  5. Cart v. MarcumWest Virginia Supreme Court · 1992

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