State ex rel. Parkland Development, Inc. v. Henning

Parkland Development, Inc. and William Abruzzino, Parkland’s president, seek to vacate an order, entered by John L. Henning, Judge of the Circuit Court of -Randolph County dated September 21, 1992, that denied their motion to dismiss and expunge a notice of lis pendens1 filed *188by respondent E.R.A. Corporation. Because W.Va.Code 55-11-2 [1923] states that a notice of lis pendens can be based on an attachment, we find that the circuit court’s refusal to grant Parkland’s motion to expunge the notice of lis pendens was not legal error and, therefore, a writ of prohibition is not justified under…