Citynet, LLC v. Ray Toney

DAVIS, Justice:

Petitioner Citynet, LLC (“Citynet”), herein appeals two orders issued by the Circuit Court of Kanawha County in an action filed by a former Citynet employee, Ray Toney (“Mr. Toney”), respondent herein, seeking to redeem the vested balance of his Employee Incentive Plan account. One order granted partial summary judgment to Mr. Toney, and the other denied Citynet’s subsequent motion under Rules 59(e) and 60(b) of the West Virginia Rules of Civil Procedure. Citynet claims that the circuit court erred by failing to adopt Citynet’s interpretation of its Employee Incentive Plan; by…