Bauer Enterprises, Inc. v. Frye

In this original proceeding in prohibition, the relator, Bauer Enterprises, Inc. (Bauer), asks that we direct the respondent, the Honorable Andrew N. Frye, Jr., Judge of the Circuit Court of Tucker County, to grant the petitioner’s motion for a summary judgment against the respondent, Alma F. Fowler. Bauer’s contention is that the trial court clearly acted in excess of its authority since there was no genuine issue of material fact. We disagree, and deny the writ.

Certain facts are undisputed. Beginning in the fall of 1986, and at various times thereafter, Bauer furnished materials to James…